On October 9, 2015, the Texas Supreme Court denied the petition for review in Ward v. Standford, 443 S.W.3d 334 (Tex. App.—Dallas 2014, pet. denied). This case dealt with the accrual of the statute of limitations for breach of fiduciary duty claims against trustees where the plaintiff complained of
Statute of Limitations
There Can Be a Fact Issue on the Accrual of a Breach of Fiduciary Duty Claim Arising From an Act of Omission
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Ward v. Standford, a father and a mother set up an irrevocable trust in the 1970s and transferred many assets to it. 443 S.W.3d 334 (Tex. App.—Dallas 2014, pet. filed). In the 1980s, the father and his company borrowed money from the trust and issued a note. The…
To Invoke the Discovery Rule, a Plaintiff Must Have Objectively Verifiable Evidence to Support the Underlying Claim
By David Fowler Johnson on
Posted in Cases Decided, Texas Court of Appeals
In Moczygemba v. Moczygemba, a mother sold a ranch to two sons and later sued them for breach of fiduciary duty for not disclosing to her that the deeds also transferred mineral interests. No. 04-14-001100-CV, 2015 Tex. App. LEXIS 1536 (Tex. App.—San Antonio February 18, 2015, no pet. hist.). The…
The Statute of Limitations for Bills of Review in Estate Cases Are Two Years
By David Fowler Johnson on
Posted in Cases Decided, Texas Supreme Court
In Valdez v. Hollenbeck, parties attempted to sue an administrator for thefts from the estate by a third person around 1995 after the court had discharged the administrator in 1996. No. 13-0709, 2015 Tex. LEXIS 556 (Tex. June 12, 2015). The Texas Supreme Court held that all bills of…