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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. E2015-00941-COA-R9-CV
Regular Panel Decision

Wade Harvey, Ex Rel. Alexis Breanna Gladden v. Cumberland Trust And Investment Company

This interlocutory appeal addresses whether a trustee's signature on an investment/brokerage account agreement, containing a predispute arbitration provision, binds the trust beneficiary. The Tennessee Supreme Court held that the Tennessee Uniform Trust Code grants trustees broad authority to enter such agreements, provided the trust instrument does not prohibit it. The Court found the Trust Instrument in this case authorized the Trustee to execute the client agreement, including the arbitration provision. However, it clarified that a nonsignatory third-party beneficiary is only bound to arbitration for claims that seek to enforce the contract. The Court reversed the Court of Appeals' decision and vacated the trial court's order compelling arbitration of all claims, remanding the case for a determination of which claims, if any, asserted by the trust beneficiary seek to enforce the Client Agreement.

Trust LawArbitration AgreementTrustee AuthorityBeneficiary RightsPredispute ArbitrationContract LawFiduciary DutyUniform Trust CodeFederal Arbitration ActInterlocutory Appeal
References
104
Case No. 04-14-00657-CV
Regular Panel Decision
Jan 14, 2015

Richard Leshin, Successor Trustee of the Davila Family Trust, Trust A v. Juan Gerardo Oliva, Rosina Oliva, Individually and as Successor Trustee of the Davila Family Trusts B, C, and D, and Alma Guadalupe Davila

A party who seeks to vacate an arbitration award bears the burden in the trial court of bringing forth a complete record that establishes its basis for vacating the award. Leshin has completely failed to carry his burden because he has come forth only with a partial record. Leshin has not brought forth a record showing that he was not brought into arbitration in a manner that would render him individually liable. For this reason alone, the trial court was correct in confirming the arbitrator’s award. In any case, the matters in the record clearly establish that the arbitrator was well within his power to determine that Leshin was individually liable for his wrongful acts. The AAA Commercial Rules of Arbitration, which apply to this matter, provide that the arbitrator had the power to rule on his own jurisdiction, 'including any objections with respect to the . . . scope . . . of the arbitration agreement or to the arbitrability of any claim or counterclaim.' Finally, the Texas Trust Code is clear that a trustee is always individually liable for his wrongful acts committed as trustee, so it was not necessary to sue Leshin in any particular capacity.

ArbitrationTrustee LiabilityTrust DisputeArbitration AwardAppellate ReviewJurisdictionArbitrabilityTexas LawCommercial Arbitration RulesDavila Family Trust
References
26
Case No. 02-20-00224-CV
Regular Panel Decision
Oct 14, 2021

Regina Nachael Howell Foster v. Ocwen Loan Servicing, LLC and Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital 1 Inc. Trust 2005-HE1, Mortgage Pass-Through Certificates, Series 2005-HE 1

Regina Nachael Howell Foster used her property as collateral for her husband's mortgage refinance loan. After her husband defaulted, she sued Ocwen Loan Servicing, LLC and Deutsche Bank National Trust Company to invalidate the deed-of-trust lien and stop foreclosure. Her initial suit was unsuccessful. Following a foreclosure sale, Foster initiated a second lawsuit, challenging the foreclosure procedures and reasserting the invalidity of the deed-of-trust lien. The trial court granted summary judgment in favor of the defendants. On appeal, Foster challenged this summary judgment, primarily arguing that she did not receive the required notice of default under the Texas Property Code and that the lien was invalid under the Texas Constitution. The Court of Appeals affirmed the trial court's judgment, concluding that Foster's contentions regarding lien invalidity were without merit and that she was not entitled to notice of default.

MortgageForeclosureDeed of TrustHomesteadSummary JudgmentAppellate ReviewTexas ConstitutionProperty CodeNotice of DefaultLien Invalidity
References
45
Case No. E2018-00232-COA-R3-CV
Regular Panel Decision
Feb 28, 2019

Branch Banking And Trust Company v. Wayne R. Hill

The plaintiff bank, Branch Banking and Trust Company, sought a deficiency judgment against defendant real estate developers, Wayne R. Hill, Cornelia D. Hill, and Rainbow Ridge Resort, LLC, following the foreclosure sale of several tracts of real property. The trial court granted partial summary judgment to the bank, finding the developers liable for deficiency balances on promissory notes and guaranty agreements, along with accrued interest, fees, and attorney's fees. The developers appealed, challenging the trial court's denial of their request to cross-examine the bank's witnesses and introduce evidence regarding the adequacy of the foreclosure sales prices and process. The Court of Appeals affirmed the trial court's judgment, holding that the defense of inadequacy of the foreclosure sales prices was an affirmative defense that the appellants had waived by failing to properly plead it prior to trial. The court also found the Uniform Commercial Code requirements concerning "commercially reasonable" sales inapplicable to transfers of real property.

Deficiency JudgmentForeclosure SalePromissory NotesGuaranty AgreementsReal PropertyResort CabinsAppellate ProcedureSummary JudgmentAffirmative DefenseWaiver of Defense
References
47
Case No. 14-08-00795-CV
Regular Panel Decision
Aug 03, 2010

Transcontinental Insurance Company, as Subrogee of the Estate of Reabon Jackson, Jr., Reabon Drusila Jackson (A Minor), Nettie Adams and Donald Robinson v. Briggs Equipment Trust and Genie Industries, Inc.

The Fourteenth Court of Appeals reviewed three summary judgments in a case involving wrongful-death and subrogation claims. Appellants Transcontinental Insurance Company and SelenEr Love sued Briggs Equipment Trust and Genie Industries, Inc. after a fatal industrial accident. The court affirmed the summary judgment against Love's claims due to procedural default. However, it reversed and remanded Transcontinental's claims, finding genuine issues of material fact regarding negligence, product defect, and causation by the defendants, as well as Briggs's liability as a nonmanufacturing seller. The court also clarified that the Texas Family Code's Uniform Parentage Act does not strictly govern paternity determinations in wrongful-death actions, relying on a 'clear and convincing evidence' standard for filial relationships. An unopposed motion to unseal paternity test results was granted.

Product LiabilityWrongful DeathWorkers' CompensationSubrogationSummary JudgmentNegligenceDesign DefectCausationPaternityGenetic Testing
References
24
Case No. 08-19-00108-CV
Regular Panel Decision
Jan 22, 2020

Lawrence E. Meyers, as Manager of the Ramon Burstyn Irrevocable Trust v. 8007 Burnet Holdings, LLC John Reese Nelson Magen Bullock Nelson Antonio Calvo J.M.N. Enterprises, LLC And 8007 Burnet Road, Austin, Texas, in Rem

This statutory nuisance case involves adjacent property owners in Austin, Texas. Lawrence E. Meyers, as manager for the Burstyn Irrevocable Trust, sued 8007 Burnet Holdings, LLC and other appellees over issues stemming from a boarding house on the appellees' property, which housed individuals with mental health issues. Residents of Zoe's Safe Place allegedly engaged in disturbing acts on the Trust's adjacent properties. The Trust initially filed common law claims and later added a statutory nuisance claim under Chapter 125 of the Texas Civil Practices and Remedies Code. The jury found no statutory nuisance, trespass, or private nuisance damages, and the trial court affirmed the judgment, setting aside the jury's attorney's fee finding and awarding its own amount. The appellate court affirmed the trial court's judgment, finding no charge error and sufficient evidence to support the jury's verdict.

Statutory NuisanceProperty DisputeCivil ProcedureJury Charge ErrorAttorney FeesAppellate ReviewReal EstateLand UseTexas LawCommon Nuisance
References
41
Case No. 03-98-00509-CV
Regular Panel Decision
Oct 21, 1999

Lower Laguna Madre Foundation, Inc. and Walter A. Kittelberger v. Texas Natural Resource Conservation Commission and the Loma Alta Trust

The case involves an appeal by the Lower Laguna Madre Foundation and Walter Kittelberger against the Texas Natural Resource Conservation Commission and The Loma Alta Trust. The appellants challenge the district court's grant of summary judgment which affirmed the Commission's decision to exempt Loma Alta's shrimp research facility from certain wastewater discharge permits under Texas Administrative Code § 321.272(b)(3). The Foundation raised four issues, including whether the rule creates an exemption, whether the Commission violated the Texas Water Code by failing to set conditions for the exempted facility, whether the adoption order had a reasoned justification under the APA, and whether the lack of an appeal provision in the exemption rule prejudiced their rights. The appellate court affirmed the district court's decision, finding that the rule creates a valid exemption, the Commission established sufficient conditions, the order substantially complied with the reasoned justification requirement, and the Foundation's rights were not prejudiced despite the rule's appeal omission because they received a review.

Environmental LawAdministrative LawSummary JudgmentRule InterpretationStatutory ConstructionTexas Water CodeTexas Administrative Procedure ActShrimp AquacultureResearch FacilitiesWastewater Discharge
References
14
Case No. No. 08-13-00252-CV
Regular Panel Decision
Jan 16, 2015

Bank of New York F/K/A the Bank of New York as Trustee for the Certificateholders of the CWABS Inc. Asset Back Certificates, Series 2005-9 v. Chesapeake 34771 Land Trust

The Trust (Appellee) sued the Bank (Appellant), a financial institution, to quiet title to a house after a foreclosure sale. The Trust alleged title irregularities and sought to set aside the Bank's deed, leading to a no-answer default judgment against the Bank. On appeal, the Bank argued improper service of process. The Court of Appeals agreed, finding that service did not strictly comply with Section 17.028 of the Texas Civil Practice and Remedies Code, which mandates specific procedures for serving financial institutions. The court clarified that the term 'may' in the statute indicates a mandatory procedure to protect financial institutions from default judgments. Therefore, the appellate court reversed the trial court's judgment and remanded the cause for further proceedings.

Default JudgmentService of ProcessFinancial InstitutionsTexas Civil Practice and Remedies CodeRestricted AppealQuiet TitleForeclosureStatutory InterpretationSecretary of StateRegistered Agent
References
13
Case No. MISSING
Regular Panel Decision

Benefit Trust Life Insurance Co. v. Littles

Leslie Littles and the City of Victoria sued Benefit Trust Life Insurance Company for bad faith in handling a medical claim for Littles, an employee of the City. Littles was severely burned, and Benefit Trust, the administrator of the City's self-funded health plan, refused to pay a substantial portion of his medical bills, citing 'prevailing fee' limitations. The jury found Benefit Trust liable under the Texas Insurance Code and for breach of contract, awarding actual damages, statutory damages, and attorney fees to both Littles and the City. On appeal, the court affirmed Littles' standing as a third-party beneficiary and upheld the jury's findings on unfair practices and bad faith. However, the appellate court ruled that prejudgment interest could not be trebled under the Insurance Code, necessitating a modification of the damage and attorney fee awards. Ultimately, the motions for rehearing were denied, and the judgment was affirmed in all other respects with modified financial awards.

Insurance Bad FaithTexas Insurance CodeThird-Party BeneficiaryDeceptive Trade Practices ActAttorney FeesPrejudgment InterestPunitive DamagesActual DamagesContract BreachMedical Claims
References
50
Case No. 08-18-00074-CV
Regular Panel Decision
Aug 28, 2019

in the Matter of Troy S. Poe Trust

This case concerns a dispute between two trustees, Anthony Bock and Richard C. Poe II, of the Troy S. Poe Trust, which was established for Troy Poe, a disabled beneficiary. The trust document required unanimous decisions from its trustees. Following the settlor Dick Poe's death, trustee Anthony Bock petitioned the probate court to modify the trust to include a third trustee and allow for majority decisions, citing irreconcilable differences and litigation between the two existing trustees. The probate court granted the modifications after a bench trial, finding changed circumstances made the trust's purposes impossible to fulfill. Richard C. Poe II, the other trustee, appealed this judgment, arguing that he was improperly denied a jury trial. The appellate court agreed that the fundamental questions regarding the necessity of trust modification due to changed circumstances or impossibility of fulfillment were factual issues that should have been decided by a jury. Consequently, the appellate court set aside the probate court's order and remanded the case for a new trial.

Trust ModificationTrustee DisputeJury TrialProbate CourtEquitable ReliefTexas Property CodeEstates CodeDue ProcessHarmless ErrorSpendthrift Trust
References
34
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