A court of appeals recently issued an opinion rejecting a fiduciary’s claims regarding the excessiveness of the trial court’s judgment that awarded disgorgement and exemplary damages. In Swinnea v. ERI Consulting Engineers, Inc., Snodgrass and Swinnea owned equal interests in ERI, a small consulting company that managed asbestos abatement
Attorney Fees
A Party Should Seek Attorney’s Fees in Proceeding Where They Are Incurred
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Lesikar v. Moon, a trustee personally paid $750,000 in attorney’s fees for a trust in the course of litigation. No. 01-12-00406-CV, 2014 Tex. App. LEXIS 10041 (Tex. App.—Houston [1st Dist.] September 4, 2014, no pet.). After that suit was resolved, the trustee filed a second suit to obtain…
A Trustee Can Generally Pay Attorney’s Fees Out of a Trust in Defending the Trustee’s Conduct
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In In the Guardianship of Hollis, a special needs trust’s trustee used $67,000 to build a pool on the beneficiary’s parent’s property. No. 14-13-00659-CV, 2014 Tex. App. LEXIS 12038 (Tex. App.—Houston [14th Dist.] November 4, 2014, no pet.). The trial court ordered show cause hearings to determine the appropriateness of…