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Texas Fiduciary Duty Law
 
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
2
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
2
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
2
[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.
BACKGROUND
This case involves a dispute over title to an interest in a tract of real property
2
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
2
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.
BACKGROUND
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,
2
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)

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)

 
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