Legal Opinion

Epstein v. Hutchison

Texas Court of Appeals, 1st District (Houston)

Decided November 4, 2004No. 01-02-01274-CVPublishedCited by 7 opinions

1Opinion of the Court

OPINION

TIM TAFT, Justice.

This is the second of several appeals arising from the same underlying litigation. In this appeal, appellant, J. Michael Epstein (“Michael”), appeals from four orders approving attorney’s fees for legal work performed by appellee, John A. Hutchison III, the guardian of the estate of Michael’s incapacitated mother, Alta J. Epstein (“Alta”). We consider whether the trial court erred in approving Hutchi-son’s attorney’s fees for legal work that he did as the attorney for himself in the capacity of Alta’s guardian. We affirm.

Background

Michael sued Alta, alleging that she…

2Cases cited8 opinions

  1. Johnson v. Fourth Court of AppealsTexas Supreme Court · 1985
  2. Archer v. GriffithTexas Supreme Court · 1964
  3. Byrd v. Woodruff, Texas Court of Appeals, 5th District (Dallas)1994
  4. Estate of Devitt, Texas Court of Appeals, 7th District (Amarillo)1988
  5. State ex rel. Texas Department of Mental Health & Mental Retardation v. EllisonCourt of Appeals of Texas · 1996

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3Cited by7 opinions

  1. In Re Guardianship of Bayne, Texas Court of Appeals, 5th District (Dallas)2005
  2. Duane Conkey, Administrator of the Estate of Raymond Conkey v. Candace Tonkens, Administrator of the Estate of Amy Ann Conkey, Texas Court of Appeals, 13th District2007
  3. J. Michael Epstein, Ind., and as the Trustee of the Testamentary Trusts Under the Will of Julius Epstein v. John A. Hutchison, III, Successor Guardian of the Estate of Alta J. Epstein, an Incapacitated Person, Texas Court of Appeals, 1st District (Houston)2004
  4. Sharon Swank Backhus Benjamin F. Swank, III Shannon Lea Werchan Pickering Swank Turner Backhus Benjamin Fontaine Swank, IV Christian Harris Swank And Suzanne Swank Porter v. Haven Lynn Werchan Wisnoski and Shane Alan Werchan, Texas Court of Appeals, 1st District (Houston)2008
  5. Sheila Owens-Collins v. Dana Drexler, Temporary Guardian the Person and Estate of Hattie B. Owens, Incapacitated, Gus Tamborello, Substituted Attorney for Dana Drexler, Temporary Guardian the Person and Estate of Hattie B. Owens, Incapacitated, Hattie Shannon, Attorney Ad Litem of the Estate of Hattie B. Owens, Incapacitated, Melbourne Berlinger, Guardian Ad Litem of the Estate of Hattie B. Owens, Incapacitated, and Geoffrey Sansom, Attorney Ad Litem of the Estate of Hattie B. Owens, Incapacitated, Texas Court of Appeals, 1st District (Houston)2020

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