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Texas Fiduciary Duty Law
 
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)

Elizabeth Sangrey Gray and Tommy Dean Gray, Jr. v. Verna Pauline Sangrey

Verna Pauline Sangrey1 brought suit against her daughter, Elizabeth Sangrey Gray, and her son-in law, Tommy Dean Gray, Jr. (collectively referred to as the Grays), seeking to impose a constructive trust against a house and lot that had been deeded to the Grays. Specifically, Sangrey alleged that the parties had a mutual understanding whereby the Grays would take out a loan to purchase the house an... More...   $0 (02-20-2014 - TX)

In the Estate of Alvilda Mae Aguilar

Anthony C. Aguilar and Michael A. Aguilar appeal the probate court’s order approving a claim filed by Margaret Morales. Morales sought reimbursement of the attorney’s fees she incurred in defending against the Aguilars’ lawsuit alleging that she breached the fiduciary duty she owed to AlvildaMae Aguilar under the terms of a durable power of attorney. Because Morales was also the independent... More...   $0 (02-19-2014 - TX)

In the Estate of Ramiro Aguilar, Jr., Deceased

This appeal arises from three probate court orders, namely: (1) an October 12, 2012 transfer order; (2) a January 11, 2013 order setting aside an out-of-county default judgment, dismissing the out-of-county case, and granting sanctions; and (3) a January 28, 2013 order granting sanctions. Appellant Anthony C. Aguilar raises fourteen issues on appeal, contending, in essence: (1) the probate court i... More...   $0 (02-19-2014 - TX)

Cenoplex, Inc. v. Scott Fox

Cenoplex, Inc. appeals from the trial court’s grant of Scott Fox’s special appearance and the dismissal of Cenoplex’s suit against Fox. Cenoplex contends that the trial court erred by concluding that Texas had no specific jurisdiction over Fox and that exercising jurisdiction over him would violate traditional notions of fair play and substantial justice. Cenoplex also contends that the tria... More...   $0 (02-21-2014 - TX)

Karen Davison v. Plano Independent School District, et al.

Karen Davison, acting pro se, appeals the trial court’s order dismissing with prejudice her claims against appellees, Plano Independent School District (PISD), Douglas Otto, Danny Modisette, Lloyd “Skip” Jenkins, Tammy Richards, and Tamira Griffin, pursuant to their plea to the jurisdiction. She also appeals the trial court’s award of attorney’s fees to appellees as sanctions assessed ag... More...   $0 (02-20-2014 - TX)

Leticia R. Benavides v. Shirley Hale Mathis

In the underlying litigation, Leticia Benavides sued Shirley Hale Mathis, As Temporary Guardian of the Estate of Carlos Y. Benavides, Jr., for tortious interference with a contract and for money had and received. Mathis moved for both a traditional and no-evidence summary judgment on both claims. The trial court rendered judgment in favor of Mathis, and this appeal by Leticia ensued.1 The disposit... More...   $0 (02-12-2014 - TX)

Bailey, Jonathan, individually Jonathan Bailey Design, LLC v. Boka Powell, LLC

Jonathan Bailey, Jonathan Bailey Design, LLC, and Jonathan Bailey Associates International Companies, LLC, on its own behalf and in its capacity as general partner for both Jonathan Bailey Associates International and Jonathan Bailey Associates, Ltd., appeal from the trial court’s final summary judgment that they take nothing on their claims against Boka Powell, LLC. In a single issue, appellant... More...   $0 (02-03-2014 - TX)

Thomas, Stuart v. Carnahan Thomas, LLP, Frederick Hoelke & Roy Romo

Appellant Stuart Thomas (“Thomas”) appeals from two summary judgments entered in favor of appellees Carnahan Thomas, L.L.P., Frederick Hoelke, Roy Romo and William Peters (collectively referred to as the “Attorneys”). In two issues, Thomas contends the trial court erred in granting the Attorneys’ motions for summary judgment concerning: (1) his negligence claim and (2) his claim for brea... More...   $0 (02-04-2014 - TX)

Edward Nwokedi and 1002 Gemini Interests, LLC v. Unlimited Restoration Specialists, Inc.

Appellants Edward Nwokedi and 1002 Gemini Interests, LLC appeal a judgment entered against them in favor of appellee Unlimited Restoration Specialists, Inc., trading as Unlimited Restoration, Inc. (URI), a company that provided restoration services to Gemini’s property after it was damaged during

2

Hurricane Ike. After Gemini refused to pay URI for its services, URI sued Nwoked... More...
   $0 (01-23-2014 - TX)

Lanty Wylie and Patricia Wylie v. Hide-a-Way Lake Club, Inc. and Hide-a-Way Lake Community Church

Lanty Wylie and Patricia Wylie appeal the trial court’s orders denying their motion for summary judgment and granting Appellees, Hide-A-Way Lake Club, Inc.’s and Hide-A-Way Lake Community Church’s, respective motions for summary judgment as well as its awards of attorney’s fees to Appellees. The Wylies raise six issues on appeal. We affirm.

BACKGROUND

Hide-A-Way Lake is a res... More...
   $0 (12-20-2013 - TX)

Lloyd Ward, Lloyd Ward, PC. et al v. Hawkins, Kelly

Appellants Lloyd Ward, Lloyd Ward, P.C., Lloyd Ward & Associates, and Lloyd Ward Group, P.C. appeal the denial of their motion to vacate a Kansas default judgment in favor of appellee Kelly Hawkins. In three issues, appellants contend the trial court (1) abused its discretion by not granting their motion to vacate the default judgment because the Kansas court lacked personal jurisdiction over appe... More...   $0 (12-16-2013 - TX)

Revenue Technology Services Corporation v. Martinair Holland N.V.

Appellant Dibon Solutions, Inc. d/b/a Revenue Technology Services Corporation (“Dibon/RTS”) appeals from the summary judgment entered in favor of appellee Martinair Holland N.V. (“Martinair”). In two issues, appellant contends the trial court erred in striking its amended petition when: (1) Dibon/RTS complied with rule 28 in identifying its “true name” by means of an amended petition a... More...   $0 (12-18-2013 - TX)

Emelda Akukoro v. Kerry Akukoro

Emelda Akukoro appeals the trial court’s final decree of divorce. She challenges (1) the trial court’s grant of Kerry Akukoro’s claims for equitable reimbursement, (2) the trial court’s failure to offset those claims with her own

2

claims for reimbursement, (3) the trial court’s failure to file findings of fact and conclusions of law, and (4) the trial court’s grant of Ke... More...
   $0 (12-19-2013 - TX)

Mark A. D'Andrea, M.D., Gulf Coast Cancer & Diagnostic Center of Southeast, Inc., Gulf Coast Oncology Associates, P.A., University Center Huntsville-Brenham, Inc and Southeast Gulf Coast Business Development, L.P. v. Epstein, Becker, Green, Wickliff & Hall, P.C., Epstein Becker & Green, P.C., and Stephen R. Cochell

We issued an opinion in this case on October 31, 2013, reversing the trial court‘s summary judgment and remanding the case. Appellees subsequently filed

2

a motion for rehearing. Without changing the disposition of the case, we deny the motion for rehearing, withdraw our previous opinion, and issue this substitute opinion.

In this attorney malpractice case, the plaintiffs ar... More...
   $0 (12-12-2013 - TX)

Richard W. Opperman, Jr. v. Randal Scott Opperman and Lorri Opperman

Richard W. Opperman, Jr., Appellant, appeals the entry of an order granting a take-nothing summary judgment in favor of Randal Scott Opperman and Lorri Opperman, Appellees, on Appellant’s breach of fiduciary duty claim. Stated in five issues, Appellant asserts the trial court erred by denying (1) his motion to continue the summary judgment hearing and (2) his opportunity to cure any defects in t... More...   $0 (12-09-2013 - TX)

Kaye/Bassman International Corp. v. Pankaj Dhanuka and Kishore Saraogi

In this interlocutory appeal, Kaye/Bassman International Corp. challenges the trial court’s order granting the special appearance of nonresidents Pankaj Dhanuka and Kishore Saraogi and dismissing the claims against them. In a single issue, appellant contends appellees are subject to specific jurisdiction in Texas because the claims against them directly relate to and arise from appellees’ purp... More...   $0 (12-03-2013 - TX)

Flutobo, Inc. d/b/a Keller Williams Realty Northeast v. Shawn Holloway and Stephanie Holloway

In this case we examine a real estate company’s liability to buyers in the context of the sale of a home owned by one of the company’s salespersons in a transaction in which the company was both the buyer’s agent and the seller’s agent.

After the sale, the buyers of the home discovered termite damage and sued the termite inspector, the seller, the real estate company, and the real ... More...
   $0 (11-26-2013 - TX)

Richard Owen Taylor v. Dawn Grounds, et al.

While imprisoned in the Texas Department of Criminal Justice Correctional Institutions Division (TDCJ-CID), Telford Unit, Richard Owen Taylor failed a prison-administered drug test. As a result, the TDCJ demoted his prisoner status and forfeited his good time credit. Taylor filed a suit for damages against several employees of the TDCJ, his appointed counsel, and two John Does. Taylor’s original... More...   $0 (11-27-2013 - TX)

Kimzey Wash, LLC v. LG Auto Laundry, LP

Kimzey Wash, LLC appeals from a take-nothing summary judgment in favor of LG Auto Laundry on Kimzey’s lawsuit seeking declaratory relief to quiet title on certain real property in which LG has asserted a leasehold interest. Kimzey argues that the trial court should have rendered summary judgment in its favor because it conclusively established that (1) LG’s ground lease was extinguished by the... More...   $0 (11-26-2013 - TX)

Jacob and Galina Dobrushkin v. Davenport Meadows, LP

Appellants Jacob and Galina Dobrushkin (Buyers) appeal from a combined no-evidence and traditional summary judgment granted in favor of appellee Davenport Meadows, LP (Seller) on Buyers’ fraud and abuse of process claims. Buyers raise two issues on appeal challenging the summary judgment. The background of the case and the evidence adduced below are well known to the parties; thus, we do not rec... More...   $0 (11-05-2013 - TX)

John Powell v. Susan Reiswerg, Individually and as Independent Executrix of the Estate of Meyer Reiswerg

In this appeal of a judgment against an attorney on his clients’ claims that he charged them excessive fees and otherwise breached his contractual and fiduciary duties, attorney John Powell contends that (a) the trial court reversibly erred by failing to issue findings of fact and conclusions of law, (b) his clients’ complaints against him are barred by the voluntary-payment rule, and (c) the ... More...   $0 (10-31-2013 - TX)

Mark A. D'Andrea, M.D., Gulf Coast Cancer & Diagnostic Center of Southeast, Inc., Gulf Coast Oncology Associates, P.A., University Center Huntsville-Brenham, Inc and Southeast Gulf Coast Business Development, L.P. v. Epstein, Becker, Green, Wickliff & Hall, P.C., Epstein Becker & Green, P.C., and Stephen R. Cochell

In this attorney malpractice case, the plaintiffs are an individual, Mark A. D‘Andrea, M.D., and various business entities of which D‘Andrea is the self-described ―de facto owner.‖ We refer to the business entities collectively as ―Gulf

2

Coast.‖ The defendants, attorney Stephen R. Cochell and the law firm of Epstein, Becker, Green, Wickliff & Hall, P.C. (collectively, ... More...
   $0 (10-31-2013 - TX)

Bobie Kenneth Townsend v. Barrett Daffin Frappier Turner & Engel, LLP, Shelley Luan Douglass, and Kelly Jimenez, Substitute Trustee

Bobie Kenneth Townsend filed an action in tort against the law firm that represented a lender, one of the law firm’s employees, and the substitute trustee who foreclosed on Townsend’s property. The trial court granted a summary judgment in favor of Barrett Daffin Frappier Turner & Engel, LLP (BDFTE), Shelley Luan Douglass, and Kelly Jimenez. Townsend brings fifteen issues in his appeal.
More...
   $0 (10-31-2013 - TX)

Larry A. Merchant v. PHH Mortgage Corporation, et al

Larry A. Merchant appeals from the trial court‟s summary judgment in favor of PHH Mortgage Corporation and Federal National Mortgage Association (FNMA) in Merchant‟s suit for wrongful foreclosure, breach of fiduciary duty, common law fraud, fraud in a real estate transaction, and to quiet title to real property. In three issues, Merchant contends there are fact issues concerning the foreclosur... More...   $0 (10-09-2013 - TX)

Gerald Bakke, Individually and on Behalf of 7800 Ranch Investment, Inc., a Texas Closely-Held Corporation v. John H. Harvison, Glenda Sue Harvison, John D. Harvison, 7HBF Ltd., 7HBF Management Co., Ltd., Donald H. Ray, Donald H. Ray, P.C., and Ray & Wilson

This is an appeal from a no evidence motion for summary judgment. Gerald Bakke, individually and on behalf of 7800 Ranch, filed suit against John H. Harvison, Glenda Sue Harvison, John D. Harvison, 7HBF Ltd., and 7HBF Management Co., Ltd. (collectively referred to as the Harvisons) and Donald H. Ray, Donald H. Ray, P.C. and Ray & Wilson (the Rays) seeking damages and equitable relief based on an a... More...   $0 (10-16-2013 - TX)

Joseph Hevey v. Margaret Hundley

Joseph Hevey, in his capacity as co-trustee of the Will Slip 2011 Trust, appeals the trial court’s order dismissing Trust claims related to a marriage that occurred thirty-six years ago between Dale C. Bullough and appellee Margaret Hundley. Because we conclude a 2004 final decree of divorce bars the Trust’s claims, we affirm.

The summary judgment evidence shows the following. In 1977, ... More...
   $0 (10-25-2013 - TX)

The Peterson Group, Inc., PGI Development Group, LP, and Wellington Yu v. PLTQ Lotus Group, L.P. and Cubo Group, L.L.C.

This is an appeal from a judgment after a jury trial in a case arising from two real estate transactions. Appellants Peterson Group, Inc., PGI Development, L.P., and Wellington Yu sued appellees PLTQ Lotus Group, L.P. and Cubo Group,

2

L.L.C. (collectively, “PLTQ”) for money due under a purchase agreement and a real estate development agreement. PLTQ countersued for breach of the... More...
   $0 (10-20-2013 - TX)

 
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