The Texas Legislature recently enacted a new law that criminalizes the financial abuse of the elderly. This is in response to the increasing financial attacks on the elderly. Effective September 1, 2021, the Texas Legislature added a penal statute entitled “Financial Abuse of Elderly Individual.”
Continue Reading Texas Passes A New Law To Punish Elder Financial Abuse
misapplication of fiduciary property
Court Caps Exemplary Damages Award Where Plaintiff Did Not Plead or Prove A Misapplication Of Fiduciary Property Capbusting Offense
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Davis v. White, a lawyer sued his former partner over the application of a receivable. No. 02-13-00191-CV, 2016 Tex. App. LEXIS 3075 (Tex. App.—Fort Worth March 24, 2016, no pet. history). A jury awarded the plaintiff over $300,000 in actual damages and $2.8 million in exemplary damages. The trial court awarded the plaintiff…