Legal Opinion · Concurring in part, dissenting in part

In Re Estate of Preston

Texas Court of Appeals, 2nd District (Fort Worth)

Decided July 14, 2011No. 02-09-00095-CV, 02-09-00233-CVPublished

1Concurring in part, dissenting in partTerrie Livingston, Chief Justice

I join the majority opinion and judgments in all respects except for the failure to affirm the award of exemplary damages.

The trial court’s amended final default judgment awarded Deartis Preston $414,000 and the final judgment awarded Doris’s estate $180,716.94 in exemplary damages based on its finding of sufficient clear and convincing evidence. In the trial court’s findings of fact and conclusions of law, it found that appellants had breached their fiduciary duties to appellees; that such breaches were committed with an intent to gain benefits and consisted of self-dealing; that appellants…

2Cases cited2 opinions

  1. Alamo National Bank v. KrausTexas Supreme Court · 1981
  2. Paradigm Oil, Inc. v. Retamco Operating, Inc., Texas Court of Appeals, 4th District (San Antonio)2010

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