November 26, 2025
Prichard Oliver Montpas won an appeal over a Kendall County judgment concerning the sale of exotic African animals (kudus). In May 2024, the firm successfully tried a case on behalf of a company that preserves exotic, endangered animals, Wildlife Partners, LLC. Wildlife Partners purchased four kudu from the seller for $36,000 each and paid in advance for the animals. One of the kudu died while the seller was en route to delivering the animals, and the other kudu died shortly after delivery. The seller refused to refund the purchase price for the two dead kudu. Wildlife Partners sued on a number of theories including breach of contract, breach of warranty, fraudulent inducement/fraud by non-disclosure, negligent misrepresentation, money had and received/unjust enrichment, and violation of the Texas Theft Liability Act. The jury ruled in favor of Wildlife Partners on all of its claims, awarding actual damages of $72,000, punitive damages of $200,000 as well as attorneys’ fees. The trial court entered a judgment in favor of Wildlife Partners based on its Texas Theft Liability Act Claim, and the seller appealed.
The Fourth Court of Appeals in San Antonio rejected all of the seller’s challenges to the liability and damage findings, and affirmed the award of actual and exemplary damages. The court of appeals remanded the case only for a redetermination of the amount of attorneys’ fees.
At trial and on appeal, Wildlife Partners was represented by David Prichard, David Montpas, and Nikki Vega. On the appeal, the defendant was represented by Craig Smith of Corpus Christi.
Frank Thomas Shumate, Jr. v. Wildlife Partners, LLC, No. 04-24-00500-CV, in the Court of Appeals for the Fourth District of Texas, San Antonio.