Legal Opinion
in Re: XTO Energy Inc., Timberland Gathering & Processing Company, Inc., and Bank of America, N.A.
Texas Court of Appeals, 5th District (Dallas)
Decided July 27, 2015No. 05-14-01446-CVPublishedCited by 11 opinions
1Opinion of the Court
OPINION
Opinion by
Justice Evans
Relators, a trustee and settlor of a publicly traded trust and a wholly owned subsidiary of the settlor, filed a petition for writ of mandamus requesting that this Court order the trial court to grant their special exceptions and dismiss the claims filed against them. They contend the trial court abused its discretion by allowing this suit to go forward and mandamus is required to prevent a trust beneficiaiy from wrongfully usurping control of litigation on behalf of the trust. We agree the trial court abused its discretion by failing to grant relators’ special…
2Cases cited23 opinions
- Walker v. PackerTexas Supreme Court · 1992
- In Re Prudential Insurance Co. of AmericaTexas Supreme Court · 2004
- In Re McAllen Medical Center, Inc.Texas Supreme Court · 2008
- Baylor University v. SonnichsenTexas Supreme Court · 2007
- Texas West Oaks Hospital, LP v. WilliamsTexas Supreme Court · 2012
18 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In re Lonestar Logo & Signs, LLCCourt of Appeals of Texas · 2018
- In re Estate of D.A. OsguthorpeUtah Supreme Court · 2021
- American Bank, N.A. as Trustee of the Lisa Marie Buckley Trust and Co-Trustee of the John Buckley Jr. Trust and Kelly Rose Kinard Trust, John Buckley Jr. Trust, Lisa Marie Buckley Trust, Kelly Rose Kinard Trust, Together With John Buckley Jr., Lisa Marie Buckley, and Kelly Kinard, as Trustee, Co-Trustee and/or Trust Beneficiaries of the John Buckley Jr. Trust, Lisa Marie Buckley Trust and Kelly Rose Kinard Trust, and/or Shareholders v. Moorehead Oil & Gas, Inc., Moorehead Acquisition, LLC, and Moorehead Oil & Gas, LLC, Texas Court of Appeals, 13th District2018
- Burgess v. JohnsonCourt of Appeals for the Tenth Circuit · 2020
- Dr. Kelly Isbell v. Jeanne Russell, Mission Street Consulting LLC, and Kate Rogers, Texas Court of Appeals, 13th District2022
6 more not listed; retrieve them via the Exa API.