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Texas Fiduciary Duty Law
 
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)

Rickey L. and Karen Holland v. Friedman & Feiger, et al.

Appellants Ricky and Karen Holland appeal a take-nothing judgment granted in favor of appellees Freidman & Feiger (F & F), Lawrence J. Friedman, and Marla S. Pittman. In three issues, the Hollands contend: (1) the trial court erred in granting a no-evidence motion for summary judgment on their breach of fiduciary duty claim against Freidman, (2) the trial court abused its discretion in “dismissi... More...   $0 (12-02-2014 - TX)

Jorge Guevara, M.D. v. Mark Lackner and Robert E. Lackner

Appellant Jorge Guevara M.D. appeals the trial court’s no-evidence summary judgment granted in favor of appellees Mark Lackner and Robert E. Lackner on Dr. Guevara’s claims of fraud, breach of fiduciary duty, and conspiracy. By three issues, Dr. Guevara contends that the trial court erred in concluding that his evidence presented in response to the Lackners’ motion for no-evidence summary ju... More...   $0 (11-13-2014 - TX)

Hua Xu v. David K. Lam a/k/a Ka Pun Lam a/k/a Ka P. Lam a/k/a David Lam a/k/a Kapun Lam and Jia Tian a/k/a Angela Tian

This is a dispute between a real estate investor and the two agents who managed her properties. Hua Xu (the “Investor”) sued David K. Lam and Jia Tian (collectively, the “Agents”), seeking damages for breach of contract, fraud, and breach of a fiduciary duty. After a trial by jury, the Agents moved for a directed verdict, which the trial court granted on the basis of limitations.
2
... More...
   $0 (11-06-2014 - TX)

United States of America v. Kenneth Barfield a/k/a Buddy Barfield

Austin, TX - Political consultant Kenneth Barfield (aka “Buddy Barfield”), age 58, pleaded guilty to stealing approximately $1.8 Million in campaign funds from Texas Lieutenant Governor David Dewhurst announced United States Attorney Robert Pitman, Christopher Combs, Federal Bureau of Investigation (FBI) Special Agent in Charge of the San Antonio Division, and IRS Criminal Investigation Acting... More...   $0 (10-21-2014 - TX)

Leonard K. Hoskins v. Colonel Clifton Hoskins and Hoskins, Inc.

Pursuant to an order of a bankruptcy court, Leonard K. Hoskins, Colonel Clifton Hoskins, and Hoskins, Inc. (the “Company”) were all parties to an arbitration proceeding. After a final arbitration award was entered with regard to Leonard’s claims against Clifton and the Company, Leonard filed a motion to vacate the arbitration award, while Clifton and the Company filed a motion to confirm the... More...   $0 (10-15-2014 - TX)

In the Estate f Terolle K. Luthen, Deceased

Appellants Patrick James Luthen, Rachel Luthen, and Patrick James Luthen as next friend of Andrew Luthen1 (collectively “appellants”) appeal the trial court’s order admitting Terolle K. Luthen’s will and codicil to probate and authorizing letters of administration naming appellee Donald Ley2 as the independent executor of the estate.3
1 Appellants are the decedent’s great grandchildr... More...
   $0 (09-25-2014 - TX)

Steven Frankoff v. Susan C. Norman

In this case involving the disbursement of attorneys’ fees from the settlement of a lawsuit, appellant Steven Frankoff contends the trial court erred in (1) granting summary judgment in favor of appellee Susan Norman, (2) denying Frankoff’s cross-motions for traditional and no-evidence summary judgment, (3) denying various motions and overruling numerous objections. We affirm.
Procedural H... More...
   $0 (09-09-2014 - TX)

Jerry L. Starkey, TBDL, L.P., and PBW Development Corporation v. Glen Graves

When the relationship between the companies and individuals involved in a limited partnership broke down, the aggrieved limited partner sued the other partners and their owner, alleging that they breached successive partnership agreements and committed or conspired to commit statutory and common-law
fraud and breaches of the duties of loyalty and care. The plaintiff sought the same two categor... More...
   $0 (09-11-2014 - TX)

Woody K. Lesikar v. Carolyn Ann Lesikar Moon

This appeal is the most recent round in a protracted legal battle between two siblings over their respective inheritances.1 Woody K. Lesikar, individually, and as trustee of the Woody K. Lesikar Special Trust and the Woodrow V. Lesikar Family Trust, appeals the trial court’s summary judgment in favor of Carolyn Ann Lesikar Moon, individually and as trustee of the Carolyn Ann Lesikar Moon Special... More...   $0 (09-04-2014 - TX)

Stanley A. Tener v. Short Carter Morris, L.L.P. and Adam J. Morris

Tener challenges the trial court’s rendition of summary judgment in favor of appellees, Short Carter Morris, LLP (“SCM”) and Adam J. Morris, in his suit against them for negligence and breach of fiduciary duty. In three issues, Tener contends that the trial court erred in granting Morris and SCM summary judgment and overruling his objections to their summary-judgment evidence.
We affirm.... More...
   $0 (08-28-2014 - TX)

Jerron C. Hill, M.D. v. Tx-An Anesthesia Management, LLP, et al.

Appellants Jerron C. Hill, M.D., individually, and Jerron C. Hill, M.D., P.A. appeal the trial court’s grant of summary judgment in favor of Tx-An Anesthesia Management, LLP, M2 Healthcare Services, LP, and Anesthesia Business Consultants. Appellants complain, in three issues, that the trial court erred in granting summary judgment because appellees failed to prove that all of appellants’ clai... More...   $0 (08-25-2014 - TX)

Luis A. Santiago and Linda A. Santiago v. Mackie Wolf Zientz & Mann, P.C.

Luis and Linda Santiago sued several entities involved in their home equity loan and the law firm of Mackie Wolf Zientz and Mann, P.C. (Mackie Wolf). After the trial court granted summary judgment in favor of Mackie Wolf on all of the Santiago’s claims, the trial court granted Mackie Wolf’s motion to sever. In two issues, appellants contend the trial court erred in granting Mackie Wolf’s mot... More...   $0 (08-19-2014 - TX)

Jeniffer Aloysius v. Mark Kislingbury

Appellant, Jeniffer Aloysius, challenges the trial court’s judgment, entered after a trial to the court, in favor of appellee, Mark Kislingbury, in his suit against her for breach of contract, fraud, conversion, and breach of fiduciary duties. In
2
four issues, Aloysius contends that Kislingbury lacks standing to recover in his individual capacity, the evidence is legally and factually i... More...
   $0 (08-19-2014 - TX)

Carolyn Calkins James v. Richard Stephen Calkins

Appellant Carolyn Calkins James and her brother, appellee Richard Stephen Calkins, have, for years, been embroiled in litigation in multiple courts regarding
2
the estate and guardianship of their mother, Mary Olive Calkins.
1 In the underlying suit, Richard, as agent-in-fact of Mary, and appellee Michael Easton, pro se,2 sued Carolyn and her lawyers, claiming that they were fraudulent... More...
   $0 (08-21-2014 - TX)

In the Estate of Edythe A. Miller

Richard Miller appeals the trial court’s denial of his amended claim in the probate proceeding of his mother, Edythe A. Miller. Richard’s siblings, Mary Margaret Miller and Joseph Michael Miller, are the appellees. In two issues, Richard contends the trial court’s letter ruling precluded his opportunity to request further findings of fact and conclusions of law and the trial court erred in d... More...   $0 (08-13-2014 - TX)

Carlo Bazan and Denise Bazan individually and d/b/a Vamp Ultra Lounge & Cafe, LLC v. Luis A. Munoz Jr.

Carlo Bazan and Denise Bazan, who are married, went into business with their long-time friend, Luis Muñoz. The Bazans and Muñoz opened a restaurant and bar in Laredo, Texas, called Vamp Ultra Lounge & CafĂ©. Two years later, Muñoz sued the Bazans, alleging they had wrongfully taken money from the business. A jury found in favor of Muñoz on his claims for breach of contract, breach of fiduciary... More...   $0 (08-13-2014 - TX)

Ameripath, Inc. and DFW 5.01(a) Corporation v. Steven Hebert M.D.

AmeriPath, Inc. (“AmeriPath”) and DFW 5.01(a) Corporation (“DFW”) appeal the trial court’s judgment, which finalized a series of summary judgments and separate legal rulings, and which awarded attorney’s fees to appellee Steven Hebert. In four issues, appellants contend the trial court erred by (1) denying their motion to confirm an arbitration award, (2) granting summary judgment on a... More...   $0 (08-11-2014 - TX)

Clinton Keith Dawson and Brandy Lake v. Will Matthew Lowrey

This suit regards a dispute between Pat Lowrey’s natural children and his former step-children (children of a woman from whom Pat was divorced several years before his August 31, 2012 death after a long bout with cancer)1 over the proceeds of a bank account.
Clinton Keith Dawson and Brandy Lake, Pat’s former step-children, brought suit against Will Lowrey (Pat’s son, who also was his att... More...
   $0 (07-29-2014 - TX)

Ted Stauffer & John Bernot v. Jane T. Nicholson

This interlocutory appeal arises out of a lawsuit Jane T. Nicholson filed in probate court against her brother Ted Stauffer a nonresident. Nicholson sued Stauffer individually and as “Successor Trustee of the Anne Bodulus Stauffer Revocable Trust.” Stauffer filed a special appearance to the action asserting the court lacked personal jurisdiction over him. After a hearing, the court denied the ... More...   $0 (07-30-2014 - TX)

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)

 
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