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Texas Fiduciary Duty Law
Shore Chan DePumpo LLP and Edward Mandel v. Steven W. Thrasher d/b/a Thrasher

Shore Chan Depumpo LLP (SCD) and Edward Mandel appeal an order dismissing their
declaratory judgment suit against Steven W. Thrasher d/b/a Thrasher Associates, LLC for want
of jurisdiction. We conclude that Mandel lacks standing to file this lawsuit and the declaratory
judgment suit is an improper collateral attack. Accordingly, we affirm the trial court’s order
dismissing this... More...
   $0 (01-13-2016 - TX)

John Leonard Markl and Debra Kay Markl v. Ethel Maudette Leake

In a single issue in this interlocutory appeal, husband and wife John Leonard Markl (John) and Debra Kay Markl (Debra)2 contend the trial court erred by denying their request for a temporary injunction.3 We affirm the trial court’s order denying a temporary injunction.
John and Debra brought suit against Ethel Maudette Leake, alleging causes of action for breach of fiduciary dut... More...
   $0 (11-02-2015 - TX)

Christine E. Reule v. M & T Mortgage, M & T Bank Bayview Loan Servicing, LLC, Bayview Financial Trading Group, LP, Bayview Financial LP and Hughs, Watters, Askanase, LLP

Appellant Christine E. Reule appeals from a take nothing judgment in favor
of appellees M&T Mortgage, M&T Bank, Bayview Loan Servicing, LLC,
Bayview Financial Trading Group, LP, Bayview Financial, LP, and Hughes,
Watters & Askanase, LLP (collectively, Mortgagees/Representatives), as well as
appellees Carolyn Taylor, Audrey Lewis, Jeff Leva, Sandy Dasigenis (collectively,
... More...
   $0 (10-29-2015 - TX)

Sandra Saks, Lee Nick McFadin, III, and Margaret Landen Saks v. Broadway Coffeehouse LLC

This is the second appeal this court has considered involving: (1) the real property located at 5321 Broadway (“Property”); and (2) 5321 Broadway Partners, the Texas general partnership which owns equitable title to the Property (“Partnership”).
The first appeal addressed a challenge to a judgment entered in a probate proceeding confirming an arbitration award. The arbitration award resolved a... More...
   $0 (10-28-2015 - TX)

Hector Gonzalez v. Atenea Capital Markets Fund, LP

This is an appeal stemming from a dispute regarding an alleged investment scam. Appellee, Atenea Capital Markets Fund, LP (“Atenea”), brought suit against several of its founders, including appellant, Hector Gonzalez, for multiple causes of action. In three issues on appeal, Gonzalez argues Atenea did not have standing to sue, Atenea’s claims were not ripe at the time the lawsuit was filed, and At... More...   $0 (10-28-2015 - TX)

Parallel Networks, LLC v. Jenner & Block LLP

On August 27, 2015, we withdrew our opinion and vacated our judgment in this case.
The following is now the opinion of the Court.
Parallel Networks, LLC1 appeals the trial court’s judgment confirming an arbitration
award under the Federal Arbitration Act (FAA) in favor of Jenner & Block, LLP. In four issues,
Parallel argues the trial court erred in confirming an arbitration award t... More...
   $0 (10-09-2015 - TX)

Eli Nassar and Rhonda Nassar v. Liberty Mutual Fire Insurance Company, Liberty Mutual Group and Marcus Smith

In three issues, Elie and Rhonda Nassar challenge summary judgment orders
in favor of Liberty Mutual Fire Insurance Company, Liberty Mutual Group, Dave
Baker, Mary Hamilton, and Marcus Smith (collectively, “Liberty Mutual”). The
trial court signed the summary judgment orders in connection with an insurance
coverage dispute and an appraisal award arising from damage to the Nassars’<... More...
   $0 (09-29-2015 - TX)

Cornelio Morales v. Hidalgo County Irrigation District #6

Appellant Cornelio Morales (“Morales”) appeals from a summary judgment entered in favor of appellee Hidalgo County Irrigation District No. 6 (“District”) on his breach of contract claim. By four issues, Morales argues that the trial court erred by: (1) granting summary judgment on the District’s affirmative defenses of illegality and lack of
consideration; (2) denying Morales’s motion fo... More...
   $0 (09-24-2015 - TX)

Joseph Pressil v. Jason A. Gibson, Jason A. Gibson, P.C. d/b/a The Gibson Law Firm, Clifford D. Peel, II, and Andrew C. Smith’s

In this legal malpractice case, appellant Joseph Pressil sued appellees Jason
A. Gibson, Clifford D. Peel, II, Andrew C. Smith, and Jason A. Gibson, P.C. d/b/a
The Gibson Law Firm (collectively, the “Gibson Parties”) for negligence, gross
negligence, and breach of fiduciary duty arising from the Gibson Parties’
representation of Pressil in a lawsuit. The trial court granted the Gib... More...
   $0 (09-10-2015 - TX)


Two shareholders of a corporation filed suit seeking redress related to a
series of transactions allegedly orchestrated by various parties. The shareholders
claim the transactions diluted their respective stock interests in the corporation.
All defendants moved to dismiss the claims based on a Delaware forum-selection
clause contained in certain amended and restated versions ... More...
   $0 (09-10-2015 - TX)

Ricky D. Parker and James Myers v. Schlumberger Technology Corporation

Schlumberger Technology Corporation (“STC”) sued Ricky Parker and James Myers, respectively, the owner and the lead employee of a company STC had purchased, seeking to enforce their covenants not to compete and to recover damages based on related alleged torts. Relying on an arbitration provision
contained in STC’s asset purchase agreement for the company, Parker and Myers moved to compe... More...
   $0 (09-17-2015 - TX)

Mary M. Rawls v. Jeffrey Clark Rawls

When Mary Rawls and Jeffrey Rawls divorced in 2008, their Divorce Decree incorporated their agreement to divide bonus compensation that would be paid to Jeffrey in 2008 and for the following six years. Mary later sued Jeffrey to recover her share of bonus compensation that Jeffrey received from 2008 through
2011. She also brought a bill of review attacking the 2008 Decree and a petition ... More...
   $0 (08-27-2015 - TX)

Mike Birnbaum v. Gena J. Atwell

Mike and Beverly Birnbaum purchased a penthouse condominium unit in San Antonio in 2007. They had it remodeled and moved in two years later. Soon after they moved in, a rainstorm occurred and they discovered numerous water leaks throughout the unit.
The Birnbaums brought suit against the seller, Gena Atwell, Atwell’s realtor, Phyllis Browning, Browning’s company, and their own realtor, Mimi We... More...
   $0 (08-20-2015 - TX)

Roscoe F. "Trey" White, III, White Ventures Energy LLC, et al. v. Michael Pottorff and Monica Fabbio

This case presents an appeal from a judgment rendered after a bench trial. Appellees brought a derivative suit against appellant Roscoe F. “Trey” White, III for fraud by non-disclosure, fraud, breach of fiduciary duty, unjust enrichment, and breach of the covenant of good faith and fair dealing. Appellees sued appellant White Ventures Energy LLC for breach of contract. They also sought declaratory... More...   $0 (08-18-2015 - TX)

Nueva Generacion Music Group, Inc. v. Isidro Chavez Espinoza, p/k/a Espinoza Paz

This is an appeal from the trial court’s denial of a temporary injunction. Appellant, Nueva Generacion Music Group, Inc. (“Nueva”), sued appellee, Isidro Chavez Espinoza, a musician professionally known as Espinoza Paz (“Espinoza”), for breach of a settlement agreement that attempted to resolve conflicts arising out
of Nueva’s professional representation of Espinoza. Nueva sought a tempo... More...
   $0 (07-30-2015 - TX)

Lee Ann Wheelbarger v. The Landing of Counsel of Co-Owners

After Hurricane Ike caused significant damage to their homes, a group of condominium owners sued their condominium association and members of its board. The plaintiff owners argued that by failing to repair hurricane damage to the condominium complex and by demolishing it, the association acted negligently, breached the association’s declarations and bylaws, and violated the Texas Property Code. T... More...   $0 (07-30-2015 - TX)

In the Interest of K.D., a Minor Child

The Texas Department of Family and Protective Services (the Department) filed a petition seeking to terminate Mother’s parental rights to her fourteen-year-old daughter, K.D. A trial court “may order termination of the parent-child relationship if the court finds by clear and convincing evidence[] (1) that the parent has . . . executed . . . an . . . irrevocable affidavit of relinquishment of pare... More...   $0 (07-29-2015 - TX)

Kelley|Witherspoon, LLP, Kevin Kelley and Nuru Witherspoon v. Armstrong International Services, Inc.

This is an appeal from a judgment following a jury trial in a legal malpractice action. Asserting three issues, Kelley/Witherspoon, LLP, Kevin Kelley, and Nuru Witherspoon contend the evidence is legally and factually insufficient to support the damages awarded and the finding of negligence against Nuru Witherspoon individually. Armstrong International Services, Inc. presents a single issue in a c... More...   $0 (07-27-2015 - TX)

Carl "Stacey" Neese, individually and a/n/f of Logen Neese, Cameron Neese, et al. v. Ted B. Lyon, Marquette Wolf, et al.

Appellants sued appellees on several theories of liability including barratry. The trial court granted a take-nothing summary judgment in favor of appellees. Appellants raise thirteen issues on appeal. We affirm the trial court’s judgment in part, reverse it in part, and remand for further proceedings consistent with this opinion.
1 The Honorable Kerry P. FitzGerald, Retired Justice, was a mem... More...
   $0 (07-31-2015 - TX)

Acadia Healthcare Company, Inc.; Psychiatric Resource Partners, Inc.; Michael A. Saul; Timothy J. Palus; Peter D. Ulasewicz; Barbara H. Bayma; and John M. Piechocki v. Horizon Health Corporation

Horizon Health Corporation (Horizon) moved for a rehearing of this panel’s February 26, 2015 memorandum opinion and judgment. See Tex. R. App. P. 49.1. We grant the motion, withdraw our February 26, 2015 memorandum
opinion and judgment, and substitute the following. We dismiss Horizon’s motion for en banc reconsideration as moot. See Tex. Dep’t of Public Safety v. Nail, 305 S.W.3d 673, 6... More...
   $0 (07-23-2015 - TX)

Yigal Bosch v. Frost National Bank

This is the second appeal arising from a dispute between Frost Bank and Yigal Bosch regarding several defaulted business loans. We dismissed Bosch’s first appeal because there was no final judgment in the case at that time. Bosch v. Frost Nat’l Bank, No. 01-13-00190-CV, 2013 WL 1932138 (Tex. App.—Houston
[1st Dist.] May 9, 2013, no pet.) (mem. op.). The trial court has since issued a fin... More...
   $0 (07-21-2015 - TX)

Hsin-Chi-Su aka Nobu Su v. Vantage Drilling Company

Appellee, Vantage Drilling Company (“Vantage”), sued appellant, Hsin-
Chi-Su aka Nobu Su (“Su”), seeking, inter alia, to recover Vantage shares held by
Su’s wholly-owned affiliate, F3 Capital, on the ground the stock was acquired via
Su’s fraud and breach of fiduciary duties. The trial court signed a temporary
injunction precluding Su from disposing of, or otherwise encumbering, th... More...
   $0 (07-14-2015 - TX)

Cyril J. Smith, Jr. v. Saihat Corporation

Appellant Cyril J. Smith, Jr. sued appellee Saihat Corporation to declare
invalid two deeds that conveyed property to Saihat. The trial court ordered that
Smith take nothing on his claims against Saihat and declared that Saihat was the
owner of the property. We affirm.
This case involves a dispute over title to an interest in a tract of real property
locate... More...
   $0 (07-09-2015 - TX)

Johnny E. Webb, III v. Alex Rodriguez, et al.

Claiming a breach of the Uniform Purchase Agreement, under which the members of Diversegy, LLC, sold their ownership interests to Shuck Holdings, LLC, and its parent company, IDT Energy, Inc.—Johnny E. Webb, III, one of the sellers, filed suit in Dallas County,1 contrary to the Agreement’s forum selection clause, against his fellow sellers, Alex Rodriguez, Cesar Garcia, Diversegy, LLC, Lucien ... More...   $0 (06-03-2015 - TX)

Zaan, LLC v. Barry Sangani, Sangini Properties, LTD, Kathy Webster, et al

Appellant Zaan, LLC sued appellees Barry Sangani, Sangani Properties, Ltd., and Kathy Webster d/b/a Collin County Land Co. (Webster) alleging various claims related to its purchase of undeveloped real property. All claims against Sangani and its negligence claims against Sangani Properties were disposed of prior to trial. A jury then found against Zaan on all remaining claims. In fourteen issues, ... More...   $0 (05-20-2015 - TX)

Mikob Properties, Inc., Allan Klein, and Mitchell Kobernick v. David Joachim, International Realty Concepts, Inc., and H.S. Joachim Family Limited Partnership LTD.

This breach of contract case arises out of a settlement agreement negotiated by business
people who were represented by counsel. Appellants assert five issues that present three areas of
dispute: (i) whether the trial court erroneously dismissed appellants’ claim that the appellees
breached a settlement agreement by pursuing a lawsuit not mentioned in the settlement
agreement; (i... More...
   $0 (05-19-2015 - TX)

Mailing Henderson v. David Lewis

Appellant Mailing Henderson appeals from a dismissal of her lawsuit against appellee David Lewis. She had sued him for breach of fiduciary duty, shareholder oppression, and conversion with respect to her investment in multiple limited partnerships. When her attorneys failed to appear for trial, the trial court dismissed the lawsuit and later denied a motion to reinstate. Henderson has appealed fro... More...   $0 (05-15-2015 - TX)

KNJ Enterprises, Inc. v. Wilbanks & Wilbanks, P.C. and H. Erwin Wilbanks and Fidelity National Title Insurance Company

The trial court signed an order compelling arbitration of all claims between
appellant KNJ Enterprises, Inc. and appellees Wilbanks & Wilbanks, P.C., H.
Erwin Wilbanks, and Fidelity National Title Insurance Company (collectively
“Wilbanks”). Wilbanks initiated arbitration in conformity with the trial court’s
order. KNJ received notice of the arbitration initiated by Wilbanks ... More...
   $0 (04-14-2015 - TX)

B.W.D. v. James W. Turnage and Forensic DNA & Drug Testing Services, Inc.

Appellant B.W.D. appeals from a summary judgment granted in favor of appellees James W. Turnage and Forensic DNA and Drug Testing Services, Inc. In four issues, appellant argues (1) that appellees were not entitled to derived judicial immunity as a matter of law; (2) they went beyond the scope of the agreed order that modified the divorce decree; (3) they did not prove their entitlement to summary... More...   $0 (03-02-2015 - TX)

Angelica Garza Duque v. Wells Fargo, N.A.

Angelica Garza Duque sued Wells Fargo, N.A., seeking to enforce a consent judgment to which she is not a party and prevent foreclosure on her home. The parties each filed a traditional motion for summary judgment. The trial court granted Wells Fargo’s motion and denied Duque’s motion. Duque appeals. We
hold that Duque lacks standing to enforce the consent judgment and affirm the judg... More...
   $0 (03-03-2015 - TX)

Ecom USA, Inc. and U.S. Cotton Growers Association v. David Lynn Clark and Ashley Lyn Clark, Patsy Marie Clark, Randy Craig Coleman and Sandra Jo Coleman, William Ronald Coleman and Jodi A. Coleman

This interlocutory appeal involves the district court’s refusal to compel David Lynn Clark, Ashley Lyn Clark, Patsy Marie Clark, Randy Craig Coleman, Sandra Jo Coleman, William Ronald Coleman and Jodi A. Coleman (collectively referred to as the Farmers) to submit their claims against ECOM USA, Inc. and U.S. Cotton Growers Association (USCGA) to arbitration. The Farmers had contracted to deliver ... More...   $0 (02-25-2015 - TX)

Jay H. Cohen, Individually and as Trustee of the JHC Trust I and II v. Sandcastle Homes, Inc.

In related proceedings, appellant Jay H. Cohen, Individually and as Trustee of the JHC Trusts I and II, challenges the trial court’s summary judgments granted in favor of appellees Sandcastle Homes, Inc. and NewBiss Property, LP Specifically, Cohen challenges the trial court’s conclusion that the Sandcastle and NewBiss established their status as bona-fide purchasers of certain real property i... More...   $0 (02-26-2015 - TX)

Jay H. Cohen, Individually and as Trustee of the JHC Trust I and II v. NewBiss Property, L.P.

In related proceedings, appellant Jay H. Cohen, Individually and as Trustee of the JHC Trusts I and II, challenges the trial court’s summary judgments granted in favor of appellees Sandcastle Homes, Inc. and NewBiss Property, LP Specifically, Cohen challenges the trial court’s conclusion that the Sandcastle and NewBiss established their status as bona-fide purchasers of certain real property i... More...   $0 (02-26-2015 - TX)

Mary Moczygemba v. Thomas J. Moczygemba and Harry Lee Moczygemba

Mary Moczygemba appeals the trial court’s granting of summary judgment in favor of her sons Thomas J. Moczygemba and Harry Lee Moczygemba. According to Mary, the trial court erred in determining that the statute of limitations barred her claims for breach of fiduciary duty. We affirm.
Appellant Mary Moczygemba (“Mary”) is the mother of Appellees Thomas J. Moczygemba and Ha... More...
   $0 (02-18-2015 - TX)

Edith Cherry, Carris Booker, and Caboe Returns & Investments, Inc. v. Travoy R. Hollie

This is an appeal from a judgment of the trial court in favor of Travoy R.
Hollie in which it awarded Hollie actual and exemplary damages arising from the
unauthorized use of Hollie’s money and the misappropriation of stocks by Edith
Cherry and Carris Booker. We reverse and remand.2
Hollie is Booker’s son. Booker was not involved in Hollie’s life when he
was a child, but ... More...
   $0 (02-12-2015 - TX)

Jana Clark v. PFPP Limited Partnership d/b/a Planet Dodge

Janet Clark purchased a pickup truck from Manuel Santoy that she later discovered had been stolen from PFPP Limited Partnership d/b/a Planet Dodge (Planet Dodge). Clark lost both the pickup truck and the $22,000 she paid to Santoy. Clark sued Planet Dodge, along with a number of other defendants. As relevant to this appeal, Clark sought to recover from Planet Dodge the $22,000 she paid to Santoy, ... More...   $0 (02-05-2015 - TX)

Frank J. Schuster v. Kathleen Wild

Appellants, Frank J. Schuster, individually and as executor of the estate of Frank
Schuster, Frank Schuster Farms, Inc., Frank Schuster Farms and Frank Schuster Farms,
Ltd., appeal from the trial court’s refusal to confirm the arbitrator’s order and its vacatur of that award. See TEX. CIV. PRAC. & REM. CODE ANN. § 171.098 (West, Westlaw through 2013 3d C.S.) (“A party may appe... More...
   $0 (01-15-2015 - TX)

In the Matter of the Estate of Sweetie J. Boyle, Decased

This is an appeal from the County Court at Law No. 2 of Midland County, sitting in probate. A bank that was a predecessor in interest of Appellee, JPMorgan Chase Bank, National Association (JPMorgan), filed the underlying probate proceeding in 1996. The bank’s successor in interest filed a petition for declaratory judgment in the probate proceeding in 1999. Appellant, Richard D. Jones Jr. (Jones... More...   $0 (12-18-2014 - TX)

Wendolyn Messner v. Mark L. Boon

Wendolyn Messner, as the administratrix of the estate of Delbert M. Messner, filed suit May 14, 2013, against an attorney, alleging that the attorney had been negligent and had breached his fiduciary duty in the attorney’s legal representation of both Delbert (during his lifetime) and the executrix of his estate, Juanita Bengel (Delbert’s niece), after Delbert’s demise. The trial court grant... More...   $0 (12-19-2014 - TX)

Aaron Jordan, Michael Jordan, Heather Jordan, Gilbert Jordan, Phyllis Ann Woods and Donna Joyce Curtis v. Cynthia Kay Lyles

Aaron Jordan, Michael Jordan, Heather Jordan, Gilbert Jordan, Phyllis Ann Woods, and Donna Joyce Curtis appeal the trial court‟s judgment notwithstanding the verdict entered in favor of Cynthia Kay Lyles. In two issues, Appellants argue that the trial court erroneously rendered judgment notwithstanding the jury‟s verdict and, alternatively, the evidence supports the jury‟s verdict for interf... More...   $0 (12-10-2014 - TX)

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