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Texas Fiduciary Duty Law
 
Joseph Mayzone v. Missionary Oblates of Mary Immaculate of Tx. and Father Thomas Ovalle

Joseph Mayzone appeals from a summary judgment disposing of his claims against Missionary Oblates of Mary Immaculate of Texas and Father Thomas Ovalle. We affirm.
BACKGROUND
On December 2, 2009, Mayzone filed a lawsuit against Missionary Oblates and Ovalle for damages. The suit alleged that between 1980 and 1983, when Mayzone was still a minor, he was sexually abused by Father Antonio Gonz... More...
   $0 (07-30-2014 - TX)

Doctors Data, Inc. v. Ronald Stemp and Carrie Stemp

Ronald and Carrie Stemp (collectively, “the Stemps”) sued Doctors Data, Inc.,
Care Clinics, Inc., Nutrigenomics, Inc., Jesus Antonio Caquias, MD, and other individuals and
entities, in connection with Ronald Stemp’s treatment at a facility in Austin, Texas, known as
Care Clinics. The Stemps alleged multiple claims, including assault, violation of the Deceptive
Trade Practices... More...
   $0 (07-31-2014 - TX)

DLA Piper US, LLP v. Chris Linegar

This appeal arises from a lawyer liability case in which the jury found for Chris Linegar on multiple claims centered around alleged misrepresentations made by the law firm of DLA Piper US, LLP1 regarding a loan. The trial court rendered judgment on the jury verdict in favor of Linegar for $1,164,245.40 in damages and
1In its notice of appeal, DLA Piper notes that its correct name is DLA Piper... More...
   $0 (07-24-2014 - TX)

PMSALS 1 LLC v. American Opportunity for Housing Perrin Oaks LLC; American Opportunity for Housing Inc, David Starr, Fidelity National Title Insurance Company

PMSALS 1, LLC appeals a final judgment incorporating a series of summary judgment orders in favor of American Opportunity for Housing-Perrin Oaks, LLC (“AOH LLC”), American Opportunity for Housing, Inc. (AOH Inc.), David Starr, and Fidelity National Title Insurance Company. We affirm the trial court’s judgment.
BACKGROUND
AOH LLC is the maker of a $2,500,000 promissory note which was... More...
   $0 (07-16-2014 - TX)

Guillermo Benavides Garza Investment Co., Manuel A. Benavides, Norma Z. Benavides v. Guillermo Benavides Z., Individually and Derivatively on behalf of GBG Ranch LTD

Guillermo Benavides Garza Investment Co., Manuel A. Benavides, and Norma Z. Benavides appeal the trial court’s order granting a temporary injunction. Because the applicant, Guillermo Benavides, Z., did not show that he would suffer irreparable harm or that any judgment he obtained would be rendered ineffectual in the absence of a temporary injunction, we hold the trial court abused its discretio... More...   $0 (07-09-2014 - TX)

Estate of Paul Edward Check, Deceased

Appellee Rachelle Marie Powers was appointed Independent Executor of the Estate of Paul Edward Check (“Paul”) pursuant to the decedent’s will. Appellant Patrick A. Check, the decedent’s twin brother, filed a will contest objecting to the probate of the will. In response to the will contest, and certain actions allegedly taken by Check, Powers filed, among other things, a counterclaim alleg... More...   $0 (07-09-2014 - TX)

Marian E. Britton, Individually and as next friend for the Unborn and Unascertained Descendants of Marian E. Britton, and George L. Murray, Trustee of the Marian E. Britton Trust v. J.P. Morgan Chase, N.A.

This appeal arises from the denial of a bill of review regarding an estate closed in 2002. Because the plaintiffs delayed in seeking the bill of review until
2
after the four-year statute of limitations had run and they have not demonstrated extrinsic fraud, which would toll the statute of limitations, we affirm.
Background
Marian M. Britton died testate in 1998, leaving behind an ... More...
   $0 (07-10-2014 - TX)

John Lawton v. David W. Lawton, Individually, as Independent Executor of the Estate of Joseph G. Lawton, Deceased and as Former Agent for Joseph G. Lawton Under a Power of Attorney

John Lawton challenges the portion of the trial court’s June 29, 2012 order granting summary judgment against him on his claims asserted in his original petition against David W. Lawton, individually, as independent executor of the estate of Joseph G. Lawton, deceased, and as former agent for Joseph G. Lawton under a power of attorney. In three issues, John contends that the trial court erred in... More...   $0 (07-10-2014 - TX)

The Alabama-Coushatta Tribe of Texas v. United States of America

The Alabama-Coushatta Tribe of Texas brought suit against the United States and various federal agencies alleging inter alia violations of the Administrative Procedures Act and federal common law. The district court granted the Government’s motion to dismiss for lack of subject matter jurisdiction. Because we hold that the Tribe has failed to allege “agency action” sufficient to meet the sta... More...   $0 (07-09-2014 - TX)

Jante Langan v. Eric Scott Langan

The trial court rendered judgment ending Jante Langan and Eric Langan’s marriage, dividing community property, and assessing child support. In eleven issues, Jante contends the trial court erred by limiting cross-examination, finding the value of certain stock options, dividing community property, failing to reimburse the community estate, and denying her motion for new trial. We affirm.

... More...
   $0 (07-03-2014 - TX)

Guerra & Moore, L.L.P. v. J. Michael Moore and David Lumber

Seeking a bill of review, Appellant Mark Cantu petitioned the trial court to set aside its August 4, 2008 judgment against him for $1.6 million in damages for legal fees in a product liability suit claiming the wrongful death of Santa Magdalena Gonzalez. His petition alleged that Appellees Guerra & Moore, LLP, Carlos Guerra, J. Michael Moore, and David Lumber conspired to defraud him of the legal ... More...   $0 (06-25-2014 - TX)

Phillip Dale Archer and Crystal Lynn Archer v. David Alan Archer, Steven Lee Archer, and Anita Sue Hunter

Phillip Dale Archer (Phillip) and Crystal Lynn Archer (collectively appellants) bring this interlocutory appeal from the trial court’s order denying their motion to compel arbitration. See TEX. CIV. PRAC. & REM. CODE ANN. § 171.098(a)(1) (West 2011) (permitting interlocutory appeal from trial court’s order denying motion to compel arbitration). We affirm the trial court’s order.

Back... More...
   $0 (06-17-2014 - TX)

Robert L. & Julia T. McCullough v. Scarbrough, Medlin & Associates, Inc, et al

Robert L. McCullough2 and Julia T. McCullough appeal from the trial court’s judgment rendered on a jury verdict in favor of Scarbrough, Medlin & Associates, Inc. and Scarbrough, Medlin & Associates Financial Services, Inc. (collectively, SMA) on SMA’s claims for breach of contract, breach of fiduciary duty, fraud, and civil theft against McCullough and their equitable claim of money had and re... More...   $0 (06-20-2014 - TX)

Jerry Alfred Futch, Jr. v. Baker Botts, LLP

After pleading guilty to the felony offense of false reporting, a former client sued the law firm that had represented him, asserting a claim for breach of contract and seeking forfeiture of attorney’s fees based on alleged breaches of fiduciary duty. The trial court granted summary judgment in favor of the law firm based on

2

the grounds that (1) the contract claim, which was base... More...
   $0 (06-10-2014 - TX)

Mohamad Mooti and Ilham Elsaleh d/b/a Bryan Auto Body & Auto Sales and Brazos Valley Collision Center v. Ahmad Aldirawi

Appellants Mohamad Mooti and Ilham Elsaleh d/b/a Bryan Auto Body & Auto Sales and Brazos Valley Collision Center appeal the trial court’s award of prejudgment interest, attorney’s fees, and costs to Appellee Ahmad Aldirawi in this partnership dissolution case. Mooti and Elsaleh complain that the trial court should have instead awarded them attorney’s fees and costs because they were the prev... More...   $0 (06-13-2014 - TX)

Gordon Westergren & Mark Sparks v. Johnnie Glenn Jennings, Jr.

In this appeal, we consider whether the trial court erred in imposing sanctions against appellant and his attorney pursuant to Chapter 10 of the Civil Practices and Remedies Code. We vacate the trial court’s order.

2

BACKGROUND

The Real Estate Contracts

Sometime before April 2006, plaintiff, Gordon Westergren, conceived an idea to develop a rail-served warehouse devel... More...
   $0 (06-12-2014 - TX)

Patricia Cantu v. Frye & Associates, P.L.L.C., Phyllis R. Frye, and Salvador Benavides

After the trial court resolved this case on cross-motions for summary judgment, appellant Patricia Cantu appealed the judgment entered in favor of the appellees, Frye & Associates, PLLC, Phyllis R. Frye, and Salvador Benavidez. In

2

three issues, she argues that summary judgment should not have been granted as to her causes of action and that summary judgment should have been granted... More...
   $0 (06-12-2014 - TX)

JJJJ Walker, LLC; Dynafab USA, LLC; Renaissance Properties of Texas, LLC; Priya Properties, LLC; BD Texas, LLC; and KW Hospital Acquisition, LLC v. Eric Yollick

In this fraud case, the plaintiffs prevailed in their claims against a bank, the bank’s corporate agent, and the bank’s attorney, but the trial court granted judgment notwithstanding the verdict on the claim against the bank’s attorney on the ground that no evidence supported the liability finding. In arguments that we treat as cross-points, the attorney argues that the economic-loss rule an... More...   $0 (06-05-2014 - TX)

In The Estate of Ramiro Aguilar, Jr.

Anthony C. Aguilar and Michael A. Aguilar appeal the probate court’s order approving a claim filed by their sister Margaret Morales against their father’s estate. Their father, Ramiro Aguilar Jr., and their mother, Alvida Mae Aguilar, passed away within a month of each other. Morales was appointed independent executrix of both of her parents’ estates. Anthony Aguilar then sued Morales in El ... More...   $0 (05-28-2014 - TX)

PNP Petroleum I, LP and PNP Management, Inc. v. Edna Earnest Taylor and Elizabeth Earnest Herbst.

This appeal arises from a dispute over whether the term of an oil and gas lease was extended by a payment made by the lessee. After the parties concluded their negotiation of the lease terms, the lease provided that the lessee could pay a “shut-in well royalty payment” to extend the term of the lease “[i]f, at the expiration of the primary term there is located on the leased premises a well ... More...   $0 (05-21-2014 - TX)

James J. Naples v. M. Mark Lesher and wife, Rhonda Long Lesher

The alliance of James J. Naples, M. Mark Lesher, and Ramchandra Gurav soured when Naples accused Lesher of selling the timber on their jointly-owned property and also of keeping more than his share of the proceeds generated from the property’s mineral income. Consequently, Naples sued Lesher for damages.

Lesher filed motions for summary judgment as to all of Naples’ and Gurav’s clai... More...
   $0 (05-08-2014 - TX)

Len Critcher, Brett Stacy, Imagine Automotive Group, et al v. Boardwalk Motor Cars, LTD. Porche/Audi/Volkswagen

The trial court struck the pleadings of Imagine Automotive Group, Imagine Automotive Group, I., L.P., eCarLink GP, Inc., Brett Stacy, and Len Critcher as a sanction for discovery abuse. A jury then determined damages. The trial court rendered judgment awarding actual damages and attorney’s fees to appellees Boardwalk Motor Cars, Ltd. d/b/a Boardwalk Porsche, Boardwalk Automobiles, Ltd. d/b/a Boa... More...   $0 (05-07-2014 - TX)

Joseph PADUH III, Temporary Administrator of the Estate of Joe Perry Corzine, Deceased, and Stephen P. Takas Jr., Trustee of the Joe Perry Corzine Trust, and Successor Independent Executor of the Estate of James L. Corzine, Deceased, Appellees

This is an appeal from a probate court order granting summary judgment in a bill of review action. Appellees Joseph Paduh III, Temporary Administrator of the Estate of Joe Perry Corzine, Deceased, and Stephen P. Takas Jr., Trustee of the Joe Perry Corzine Trust, and Successor Independent Executor of the Estate of James L. Corzine, Deceased (collectively “Paduh”) filed a petition for bill of re... More...   $0 (05-07-2014 - TX)

Bruce B. McLeod III v. Alfred Gyr

This is an appeal from a post-answer default judgment rendered against attorney Bruce B. McLeod III on Alfred Gyr’s claims for deceptive trade practices and breach of fiduciary duty. McLeod raises four issues on appeal challenging the sufficiency of the evidence to support the judgment, the trial court’s order denying his motion for new trial, and the trial court’s order reinstating the case... More...   $0 (05-05-2014 - TX)

Morris E. Robinson v. Texas Construction Services Corporation and Tom Bland

In this appeal, an individual who was both an officer and a director of a corporation appeals a money judgment rendered against him based on the corporation’s claims for conversion and breach of fiduciary duty. The main issues we address on appeal are whether the trial court erred in finding that the officer and director owed a fiduciary duty to the corporation and whether the evidence is suffic... More...   $0 (04-24-2014 - TX)

Victoria Rae Vanderpool, Janis Claire Stark and Ray Todd Vanderpool v. Barbara Sharp Vanderpool

Victoria Rae Vanderpool, Janis Claire Stark, and Ray Todd Vanderpool (Appellants) appeal from the summary judgment in favor of Appellee, Barbara Sharp Vanderpool. Appellants raise one issue on appeal. We affirm in part, reverse in part, and remand the case for further proceedings.

BACKGROUND

This case involves a dispute over the disposition of property in which Ray Leland Vanderpool ... More...
   $0 (04-23-2014 - TX)

Philip Gregory Byrd v. Phillip Galyen, P.C. d/b/a Bailey & Galyen Attorneys at Law and R. Ketih Spencer

In this appeal, we are asked to extend the sole-proximate-cause bar to legal-malpractice claims arising in the context of a contempt order entered in a civil case. We decline to do so and reverse the trial court’s order granting Appellees a partial summary judgment and remand the case to the trial court for further proceedings.


2

I. BACKGROUND

A. DIVORCE ACTION AND CONTE... More...
   $0 (04-17-2014 - TX)

Ernest Mangia v. VIA Metropolitan Transit

Ernest Mungia sued his former employer, VIA Metropolitan Transit, and obtained a default judgment. Four years later, VIA attempted to set aside the default judgment by filing a bill of review and a claim for declaratory relief. The trial court granted VIA’s motion for summary judgment as to both causes of action and awarded attorney’s fees to VIA. In one issue on appeal, Mungia contends the tr... More...   $0 (04-09-2014 - TX)

Concerned Owners of Thistle Hill Estates Phase I, LLC v. Ryan Road Management, LLC; Ryan Road Partners, Ltd; and Debra Johnson-Stafford

The trial court determined that Appellant Concerned Owners of Thistle Hill Estates Phase I, LLC (Thistle Hill, LLC) lacked associational standing to pursue

1See Tex. R. App. P. 47.4.

2

the declaratory judgment action it had filed against Appellees Ryan Road Management, LLC; Ryan Road Partners, Ltd; and Debra Johnson-Stafford. Because Thistle Hill, LLC and the declaratory judgm... More...
   $0 (04-10-2014 - TX)

Joann Batey v. Paul Droluk, Intercontinental Bearing Supply Company, and Jack O'Donnell

Appellant, JoAnn Batey, appeals from the trial court’s take-nothing judgment in her suit against Paul Droluk and Jack O’Donnell for a declaratory judgment, breach of fiduciary duties, shareholder oppression, breach of contract, and fraud. In four issues, Batey argues the trial court abused its discretion by (1)

2

denying her request for a declaratory judgment, (2) determining Dro... More...
   $0 (04-10-2014 - TX)

Evan Lane (Van) Shaw v. D. Brent Lemon

This appeal arises from a dispute over a fee-splitting agreement between two lawyers who practiced law together from 1990 to 2003. D. Brent Lemon sued Evan Lane (Van) Shaw for, among other things, breach of contract, breach of fiduciary duty, and theft under the Texas Theft Liability Act (the Theft Act). Shaw counterclaimed for breach of contract and breach of fiduciary duty. A jury found that bot... More...   $0 (04-02-2014 - TX)

Hunter Buildings & Manufacturing, L.P., Hunter Building, L.L.C., and Hunter Buildings International, L.L.C., BBG Group, L.L.C., Milo Nickel and Thomas Michael LeBlanc v. MBI Global, L.L.C.

The primary issue in this case is the sufficiency of the evidence to support a finding that the corporate appellants’ misappropriation of trade secrets proximately caused appellee/plaintiff to sustain lost-profits damages in the past.

The plaintiff company sued two of its former officers and various enterprises related to the

2

officers’ current employment. The jury made ... More...
   $0 (03-27-2014 - TX)

Stanley A. Tener v. Short Carter Morris LLP and Adam J. Morris

Appellant, Stanley A. Tener (“Tener”), has filed a motion for rehearing of our August 6, 2013 opinion and judgment. We deny the motion for rehearing, withdraw our opinion and judgment of August 6, 2013, and issue the following opinion and a new judgment in their stead.

2

Tener challenges the trial court’s rendition of summary judgment in favor of appellees, Short Carter Mor... More...
   $0 (03-27-2014 - TX)

Joan Deyoung, Stephen Deyoung, and David Deyoung v. Beirne, Maynard & Parsons, L.L.P.

In this appeal from a summary judgment, we determine whether an attorney-client relationship existed between a law firm and a real estate partnership because the general partner of the real estate partnership is also a partner of the law firm.

2

We conclude that such a relationship does not exist in this case, because neither the real estate partnership nor the plaintiffs engaged... More...
   $0 (03-18-2014 - TX)

Axel D. Haubold v. Medical Carbon Research Institute, LLC; MCRI, Inc.; and On-X Life Technologies

This appeal arises from a longstanding employment dispute between appellant Axel D. Haubold and his former employer Medical Carbon Research Institute, LLC, (Medical Carbon) and related companies, MCRI, Inc., and On-X Life Technologies (jointly MCRI). Haubold appeals the trial court’s order granting partial summary judgment dismissing his claims against MCRI and final judgment awarding MCRI attor... More...   $0 (03-14-2014 - TX)

Capcor at KirbyMain, L.L.C. v. Moody National Kirby Houston S, L.L.C d/b/a Moody National Kirby Houston, L.L.P and Moody National Title Company, L.P.

This appeal concerns the fiduciary responsibilities of a title insurer as escrow agent for a commercial real estate transaction. Appellant Capcor at KirbyMain, L.L.C., argues that the escrow agent—appellee Moody National Title Company,

2

L.P.—breached its fiduciary duties by refusing to accept a cashier’s check to close Capcor’s purchase of a tract of unimproved land. Capcor ... More...
   $0 (03-13-2014 - TX)

South Texas College of Law v. KBR, Inc.

In this construction case we consider whether the trial court erred by granting a construction manager’s motion for summary judgment, which was based on the statute of repose. We affirm.

2

BACKGROUND

The Construction

In 1981, South Texas College of Law [“South Texas”] hired KBR, Inc. [“KBR”] in connection with its plans to build an 11-story annex to its existi... More...
   $0 (03-13-2014 - TX)

Paige Trotter Holloway and Barbara Trotter Collins, Et Al v. Richard Monroe, Kathy Kyle and Dawn Rigby

This is an appeal from a summary judgment in favor of the Appellees, Richard Monroe, Kathy Kyle, and Dawn Rigby. The Appellants, Paige Trotter Holloway and Barbara Trotter Collins, Individually, as Co-Administrators of the Estate of J. T. Trotter, Deceased, as Co-Trustees of Trotter Grandchildren’s 1993 Trusts, J. T. Trotter 2004 Grantor Trust, Trotter GGC 2004 Trust, Trotter 1993 Trust for Paig... More...   $0 (03-08-2014 - TX)

Robert M. Garst, Jr v. Larry J. Reagan, Amy L. Reagan, Jerry A. Phipps, and Mickie A. Phipps

Robert M. Garst, Jr., appeals the district court’s order granting summary judgment in favor of Larry J. Reagan, Amy L. Reagan, Jerry A. Phipps, and Mickie A. Phipps on Garst’s claims against Amy Reagan for negligence, breach of fiduciary duty, and fraud by nondisclosure, as well as his claims against all four appellees for cloud on title. Garst also challenges the trial court’s denial of his... More...   $0 (03-06-2014 - TX)

Randall Holt and Judy Holt v. Sondra Kelso, Independent Administrator of the Estate of Helen Jones Schweng, Deceased

Appellee Sondra Kelso, in her capacity as independent administrator of the estate of Helen Jones Schweng, brought suit against Peggy McCoy, Eugene Braun, and appellants Randall Holt and Judy Holt to recover estate assets.1 Following a bench trial, the trial court found all four defendants jointly and severally liable to Sondra for breach of fiduciary duty, conversion, theft, and civil conspiracy a... More...   $0 (02-26-2014 - TX)

 
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