No joint enterprise

The jury in Aztec Systems, Inc. v. glendonTodd Capital, LLC found a “joint enterprise” among the defendants in a contract dispute and the Fifth Court reversed. Assuming without deciding that the doctrine applied outside the tort context, the Court found that no evidence showed “how, or whether, the monetary benefits of the enterprise were shared,” or that the two businesses had “an equal right to a voice in the direction of the enterprise.” Potential profit from an eventual sale of one of the businesses was “insufficient to establish a community of pecuniary interest.” No. 05-18-00183-CV (March 29, 2019) (mem. op.) (applying, inter alia, David L. Smith & Assocs.. LLP v. Stealth Detection, Inc., 327 S.W.3d 873 (Tex. App.–Dallas 2010, no pet.)