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Texas Fiduciary Duty Law
 

Alandis Montreal Russaw, JR. v. The State of Texas

Jury gives Russaw 65 years for sexual assault of a child

The victim in this case is Russaw’s 11 year-old stepdaughter, “Ariel.” The
discovery of the offense occurred when Ariel was found to be pregnant. DNA tests
revealed that Russaw was the father of Ariel’s child.
Russaw asserts in his first issue that the trial court erred in admitting a photograph
of the man Russaw and Ariel’s mother accused of sexually assaulting Ariel. Speci... More...
   $0 (07-22-2017 - TX)

Raymond Weber v. The State of Texas

Tenth Court of Appeals, Waco, Texas 

Raymond Weber was convicted of theft and sentenced to 180 days in jail. See TEX.
PENAL CODE ANN. § 31.03 (West 2011). That sentence was suspended, and Weber was
placed on community supervision for two years.
Weber’s appellate attorney filed a motion to withdraw and an Anders brief in
support of the motion to withdraw, asserting that this appeal presents no issues of
ar... More...
   $0 (07-22-2017 - TX)

Cathy Jo Almanza v. The State of Texas

IN THE TENTH COURT OF APPEALS

Cathy Jo Almanza appeals from a conviction for the offense of driving while
intoxicated. TEX. PENAL CODE ANN. § 49.04 (West 2011). Almanza complains that her
Sixth Amendment right to a jury trial was violated because one of the jurors was not the
actual juror that was summoned. Because the wrong individual appeared, Almanza
contends that the trial court did not have jurisdic... More...
   $0 (07-21-2017 - TX)

Stevon Kendrell Polk v. The State of Texas

Man awaiting murder trial arrested on weapons charge

Edward Pendleton, a person known in his community as a drug dealer, was shot
and killed during a home invasion committed in the early morning hours of May 1, 2013.
Testimony at trial established that around 6:00 a.m., two men forced their way into the
residence Pendleton occupied with his wife, Danielle Luce. After Luce witnessed one of
the intruders shoot Pendleton in the ba... More...
   $0 (07-21-2017 - TX)

Emil Coffey, Jr. v. The State of Texas

Man charged with killing brother-in-law in northeast Travis County

Appellate review of an alleged jury charge error involves a two-step inquiry. Newkirk v.
State, 506 S.W.3d 188, 190 (Tex. App.—Texarkana 2016, no pet.); Russell v. State, No. 03-12
00440-CR, 2014 WL 1572473, at *3 (Tex. App.—Austin Apr. 18, 2014, pet. ref’d) (mem. op., not
designated for publication).5 “Initially, we determine whether error occurred and then evaluate
... More...
   $0 (07-20-2017 - TX)

Edgar Miguel Garcia v. The State of Texas

Duncanville PD arrest Edgar Miguel Garcia in fatal stabbing of Spencer Dillon

On September 3, 2015, a Duncanville couple taking an early morning walk discovered
the body of nineteen-year-old Spencer Dillon by the side of the road. Dillon had sustained
seventeen incise or stab wounds to his neck, shoulder, arm, fingers, thigh, and back. The fatal
injury was a gaping wound on the left side of Dillon’s neck. The wound was more than six
inches long and pe... More...
   $0 (07-20-2017 - TX)

Joel Thomason v. Metropolitan Life Insurance Company; Verizon Employee Benefits Committee

This case arises from a dispute between a claims administrator and a
beneficiary about whether the beneficiary “elected to receive” pension benefits
under ERISA when he moved them via direct rollover from his pension fund to
his IRA. The district court determined that the plan beneficiary was entitled
to summary judgment on his § 1132(a)(1)(B) claim. Because the district court
... More...
   $0 (07-19-2017 - tX)

Nykerion Nealon v. The State of Texas

Dallas teen gets 38 years for murdering Iraqi immigrant who was enjoying first snowfall

Nealon and three friends—Quantarius Collins, Darrion “Black” Scott, and Desmond
Onery—were in the parking lot of the Walnut Bend Apartments to “shoot a gun.” An AK-47
was fired multiple times, hitting a pickup truck, the car next to the truck, a nearby fence, and a
–2–
box sitting by a dumpster.1 One of the rounds hit a Walnut Bend resident, Al-Jumaili, in the
chest, an... More...
   $0 (07-19-2017 - TX)

The State of Texas v. George David Ringer

FIFTH COURT OF APPEALS IN DALLAS

On June 7, 2011, appellee was indicted for theft of property and misapplication of
fiduciary property with aggregate values of $200,000 or more in each case. The indictment for
the theft offense alleged appellee,


–2–
did pursuant to one scheme and continuing course of conduct, unlawfully appropriate property, i.e., acquire and exercise control over property other t... More...
   $0 (07-19-2017 - TX)

Rene Hernandez v. The State of Texas

In The Court of Appeals Fifth District of Texas at Dallas

On February 19, 2014, a covert, or undercover, member of the Dallas Police
Department’s Crime Reduction Team (the CRT) saw a silver Mercedes leaving the location of an
–2–
illegal game room. The officer was familiar with the Mercedes because the CRT had “arrested
an individual” out of the vehicle the previous week. The officer followed the vehicle to a duplex
on Petain ... More...
   $0 (07-18-2017 - TX)

Ramon Castillo Jr. v. The State of Texas

On February 11, 2015, Marie Trinidad Esparza, a certified peace officer with the San
Antonio Park Police Department, was patrolling the area around La Villita Historic Arts District,
in San Antonio, Texas. Officer Trinidad was wearing her bike uniform, including San Antonio
Police Department patches, a Park Police badge, a taser, a firearm, a full utility belt, and a helmet
em... More...
   $0 (07-17-2017 - TX)

Vanessa Cameron v. The State of Texas

Murder conviction, 70-year sentence tossed for daughter of SAPD sergeant

The only facts relevant to this appeal are those surrounding the alleged closing of the
courtroom to the exclusion of Cameron’s family and friends, as well as the public, during the voir
dire phase of trial. In a nutshell, Cameron’s family and friends were instructed by the bailiffs to
leave the courtroom prior to the start of voir dire so the large venire panel could be seated. <... More...
   $0 (07-17-2017 - TX)

Dennis Mike Cranfill v. The State of Texas

Third Court of Appeals, Austin, Texas

The jury heard evidence that on May 8, 2015, Deputies Anthony Lopez and Brandon
Neal of the Coke County Sheriff’s Office were dispatched to a residence occupied by Cranfill to
execute an outstanding warrant for his arrest. Lopez testified that, upon arrival, he stationed himself
near the north entrance to the residence while Neal stationed himself near the south entrance.
Accordi... More...
   $0 (07-17-2017 - TX)

Larry Donnell Boswell, Jr. v. The State of Texas

Gang leader found guilty of capital murder

The jury heard evidence that on the night of July 16, 2012, Ricky Brandon was killed
during an armed robbery at a residence in Killeen. The evidence tended to show that Brandon had
participated in the robbery and that at some point while the robbery was ongoing, Brandon was shot
See Tex. Penal Code § 19.03(a)(2). 1
in the chest by one of his accomplices and was abandoned outside... More...
   $0 (07-16-2017 - TX)

Oswaldo Ramirez v. The State of Texas

Aggravated sexual assault of a child under the age of 6.

First Court of Appeals - Texas Courts

In March 2014, L.G. was four years old. He lived with his mother, his father,
and his uncle in an apartment. Appellant lived and worked at the same apartment
complex. On March 24, 2014, L.G. was playing in the open doorway to the
apartment while his mother cooked breakfast. Mother testified that, after about ten
minutes of being out of her sight, Mother noticed that L.G. wa... More...
   $0 (07-14-2017 - TX)

E. Peter Healey v. Edwin N. Healey, Elizabeth Healey and Michael R. Healey

E. Peter Healey (Pete) appeals from an adverse judgment rendered after a jury trial in this family dispute involving duty and money. Initially brought by his father, Edwin N. Healey (Bud), against Pete and his brothers Paul C. Healey and Mark J. Healey, the suit widened when Pete named his siblings, Elizabeth Healey (Liza) and Michael R. Healey (Mike) as third-party defendants. Pete asserts ten is... More...   $0 (07-12-2017 - TX)

Wayne E. Freeman; Freeman Resources, Ltd.; FRM GP, LLC; Frank M. Bufkin, III; Buffco Production, Inc.; Twin Resources, LLC; and Chesapeake Louisiana, L.P. v. Harleton Oil & Gas, Inc.

“In 2008, oil and gas companies descended on east Texas . . . seeking to acquire leases to exploit the Haynesville Shale formation, which they viewed as having enormous potential.”1 During this frenzied period, Chesapeake Louisiana, L.P. (Chesapeake), entered into a letter agreement with Buffco Production, Inc. (Buffco), and Twin Resources, L.L.C. (Twin), to purchase three-year term assignments in... More...   $0 (07-07-2017 - TX)

Lorri Annette Lancashire v. David Antony Lancashire

This appeal arises out of a dispute over a provision in an agreed decree of divorce naming David Anthony Lancashire constructive trustee of property decreed to Lorri Annette Lancashire.1 That property consisted of a “[f]ifty [p]ercent (50%) undivided interest in all units or shares in the business entity known as Bold Ventures, LLC2 in [David’s] name.” The dispute centered on whether David, as con... More...   $0 (07-11-2017 - TX)

Radiant Financial, Inc. v. Faye Bagby, individually, and Bagby Investments, LP, a Limited Partnership, American Financial & Retirement Services, LLC, a Limited Liability Company

Before the Court is Radiant Financial, Inc.’s May 17, 2017 Motion for Rehearing. We deny the motion. On our own motion, we withdraw our opinion issued on April 18, 2017, and vacate our judgment of that same date. The following is now the opinion of the Court.
Radiant Financial, Inc. (“Radiant”) appeals from a judgment in favor of appellees Faye Bagby (“Ms. Bagby”), Bagby Investments, LP (“Bagb... More...
   $0 (07-10-2017 - TX)

In the Interest of A.T.R. and S.B.R.

This appeal originates from a suit affecting the parent-child relationship in which
appellant Father has repeatedly sought to modify or clarify child support. The issue raised on
appeal is procedural in nature; therefore, we provide a procedural history as necessary rather than
the underlying facts regarding the divorce or SAPCR, as they are not relevant for disposition of
this app... More...
   $0 (07-07-2017 - TX)

Cheryl Johnson a/k/a Cheryl Angrum v. Citimortgage, Inc.

Cheryl Johnson a/k/a Cheryl Angrum (Johnson) appeals the trial court’s judgment awarding possession of a property to CitiMortgage, Inc., which foreclosed a lien on the property. In two issues, Johnson contends CitiMortgage did not have standing to obtain a judgment of possession and that the trial court abused its discretion because there was a factual issue of title and it did not have jurisdicti... More...   $0 (07-05-2017 - TX)

Donald W. Read v. Timothy W. Verboski

Tarrant County Courthouse - Fort Worth, Texas

Appellant Donald W. Read appeals from the trial court’s dismissal of his
suit brought against Appellee Timothy W. Verboski,1 a witness in the criminal trial
that resulted in Read’s conviction for driving while intoxicated. Upon Verboski’s
motion, the trial court dismissed Read’s suit under chapter fourteen of the civil
1In Read’s original petition, he incorrectly spelled Verboski’s... More...
   $0 (07-10-2017 - TX)

Ashok B. Patel, Ramesh Patel, Naresh Patel, and Manilal B. Patel v. Roger Pate and Pate Development, Inc.

Tarrant County Courthouse - Fort Worth, Texas

The resolution of this interlocutory appeal from the denial of special
appearances turns on an application of the burden-shifting standards described
in Kelly v. General Interior Construction, Inc., 301 S.W.3d 653, 658–59 (Tex.
1See Tex. R. App. P. 47.4.
2
2010). Because the appellees in this case brought forward legally and factually
sufficient evidence in support of their... More...
   $0 (07-10-2017 - TX)

Terrrell William Proctor dba T.W. Proctor & Associates and Preco v. Quality Signs, Inc.

Harris County Courthouse - Houston, Texas

Terrell William Proctor d/b/a T.W. Proctor & Associates and Preco (collectively, “Proctor”) appeal the trial court’s take-nothing judgment on their claims for breach of contract, violations of the Deceptive Trade Practices Act
2
(“DTPA”), fraud, breach of fiduciary duty, and negligence against Quality Signs, Inc., and in favor of Quality Signs on its breach of contract counterclaim. On app... More...
   $0 (07-10-2017 - TX)

United States of America v. Noe Olvera

Federal Courthouse - McAllen, Texas

McAllen, TX - Former Postal Employee Sent to Prison for Soliciting Bribes During Election

A former U.S. Postal Service (USPS) carrier has been ordered to federal prison for receiving bribe money in exchange for providing addresses of postal ballot recipients, announced Acting U.S. Attorney Abe Martinez.

Noe Olvera, a 44-year-old resident of Mission, pleaded guilty March 7, 2017, ... More...
   $0 (07-02-2017 - TX)

Julio Cesar Leos-Jimenez v. The State of Texas

The Court of Appeals for the Fifth District of Texas at Dallas

Continuous Sexual Abuse of Young Child or Children

A jury convicted Julio Cesar Leos-Jimenez of continuous sexual assault of a child under
the age of fourteen and sentenced him to thirty years’ confinement. In two issues, appellant
argues the trial court erred by admitting an exhibit and by overruling his objection to the State
bolstering the complaining witness’s testimony. We affirm the trial court’s judgment.
Appellant’s... More...
   $0 (06-27-2017 - TX)

Marie A. Hicks-Fields v. Harris County

While being temporarily segregated in an attorney visitation booth, Norman F. Hicks, Sr., punched Harris County Detention Officer Christopher Pool in the face, prompting a responsive punch from Pool. As Hicks fell down, he struck his head on a concrete ledge in the booth. There were two other officers on the scene, one of whom looked through a window in the door and saw Hicks starting to lift hims... More...   $0 (06-27-2017 - TX)

Nishal Keshav Rajsakha v. The State of Texas

Fifth Court of Appeals - Texas Courts

A jury convicted Nishal Keshav Rajsakha of driving while intoxicated. In a single issue,
appellant argues the evidence is insufficient to support the conviction. We affirm the trial court’s
judgment.
On June 7, 2013, at approximately 12:40 a.m., Officer Boz Rojas was dispatched to the
intersection of McKinnon and Pearl Streets where a minor car accident occurred. By the time... More...
   $0 (06-27-2017 - TX)

Marco Antonio Valdez v. The State of Texas

Third Court of Appeals – Austin

Among the witnesses at the bench trial were Valdez, the victim, and the victim’s
surgeon. Valdez testified that he was separated from his wife Lisa Valdez, but he thought that they 1
Because these parties share the same last name, we refer to appellant by his last name and1 to his wife by her first name.
were attempting reconciliation when she texted him one night, to ask if they we... More...
   $0 (06-24-2017 - TX)

Douglas Doolittle v. The State of Texas

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Douglas Doolittle was charged with failure to comply with the registration
requirements under the Sex Offender Registration Program (the “Program”). See Tex. Code Crim.
Proc. art. 62.102(a). In particular, the indictment alleged that Doolittle had been previously convicted
of a reportable offense (lewd conduct with a minor) in another state and was required to register his
new ad... More...
   $0 (06-24-2017 - TX)

Jefferson County, Texas v. Victor Stines

Jefferson County Courthouse - Beaumont, Texas

Appellant Jefferson County, Texas appeals from two orders of the trial court
denying its plea to the jurisdiction and granting appellee Victor Stines’s request for
a declaratory judgment and writ of mandamus to compel the County to submit to
arbitration. In five issues, the County argues that: (1) Stines failed to plead and prove
a valid waiver of the County’s immunity from suit; (... More...
   $0 (06-23-2017 - TX)

Herman Florez Jr. v. The State of Texas

Florez and his wife Jennifer moved in with her mother in August or
September 2014 while their new home was being built. While they lived with
Jennifer’s mother, they kept all of their jewelry in a safe in her mother’s house
because, according to Jennifer, it “[j]ust felt like a safe place to keep it because
[they] knew [they] were going to move.” Florez and Jennifer moved to ... More...
   $0 (06-23-2017 - TX)

Wells Fargo Bank, N.A., et al. v. Angela Leigh Militello, F/K/A Angela Leigh Simpson Starrett

Appellant Angela Leigh Militello sued appellant Wells Fargo Bank, N.A., for breach of fiduciary duty, fraud, negligence, and gross negligence arising from its management of several trusts. After a bench trial, the trial court rendered judgment for Militello on all of her claims and made findings of fact and conclusions of law in support of the judgment. In this appeal, Wells Fargo challenges the l... More...   $0 (06-20-2017 - TX)

Bombardier Aerospace Corporation v. SPEP Aircraft Holdings, LLC, et al.

Appellees SPEP Aircraft Holdings, LLC (SPEP), PE 300 Leasing, LLC (PE 300),
Saracen Pure Energy Partners, LP (Saracen), Crane Capital Group, Inc. (Crane Capital), James
R. Crane (Crane), Floridian Golf Resort, LLC (Floridian Golf Resort), Champion Energy
Marketing LLC (Champion Energy), and Crane Worldwide Logistics, LLC (Crane Worldwide)
sued appellant Bombardier Aerospace Corpora... More...
   $0 (06-23-2017 - tx)

Sandra E. Parker v. Robert J. Glasgow, Jr.; and Glasgow, Taylor, Isham & Glasgow, P.C.

Is a former client barred as a matter of law from bringing a legal
malpractice claim against the attorney and law firm who assisted her in obtaining
a mediated property settlement and agreed judgment in a divorce based on the
attorney’s allegedly negligent pre-settlement advice? We hold that the answer is
1See Tex. R. App. P. 47.4.
2
no in this appeal from a take-nothing su... More...
   $0 (06-23-2017 - TX)

Josh Stubblefield Jr. v. The State of Texas

First Court of Appeals - Texas Courts

Nicholas Meza testified that on November 14, 2015, when he arrived at his
family’s vacation house in Bedias, Texas, he discovered that someone had cut the
wire fence surrounding his property and had cut the lock off of one of his storage
sheds. He noted that his “dirt bike” and several of his tools were missing, i.e., a
chainsaw, table saw, and an air compressor. Meza then di... More...
   $0 (06-23-2017 - TX)

Robert H. Dodd Sr. v. Evergreen National Construction, LLCq

Robert H. Dodd, Sr. has filed a notice of appeal of the trial court’s temporary
injunction that enjoins him from attempting to evict appellee and real party in
interest, Evergreen National Construction, LLC, from property located at 5814 John
Martin Road, Baytown, Texas (the “John Martin Property”). In two issues, Dodd
contends that the trial court erred in granting the injunction ... More...
   $0 (06-23-2017 - TX)

Nadia R. Williams v. The State of Texas

First Court of Appeals - Texas Courts

Appellant pleaded guilty to the offense of assault of a public servant1, pursuant
to a plea bargain, and the trial court placed her on deferred-adjudication community
supervision for three years. After the State filed a motion to adjudicate appellant’s
guilt, appellant sent the trial court a letter in which she explained her difficult
childhood and her recent efforts to turn he... More...
   $0 (06-22-2017 - TX)

Makala Cornett v. Paul Cornett

Makala Cornett appeals the trial court’s judgment in favor of Paul Cornett. In a single issue, she contends the evidence is legally insufficient to support the judgment. We affirm.
BACKGROUND
In December 2015, Paul received a $100,000 personal injury settlement as a result of his father’s death. At the time of the settlement, Paul did not have a driver’s license, identification card, or ba... More...
   $0 (06-14-2017 - TX)

Erik Garcia v. John M. Harding and Jane E. Harding-Aguirre, Individually and as Heirs of Mildred Harding, deceased

This appeal raises the question of whether a trial court can, without some type of proper notice, issue a judgment to enforce a “Rule 11” agreement which settles a case. Under the facts presented here, we conclude that a trial court cannot issue do so and reverse and remand the case for further proceedings.
FACTUAL AND PROCEDURAL SUMMARY
John and Jane Harding, individually and on behalf of... More...
   $0 (06-07-2017 - TX)

 
 
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