Bank One, N.A. v. Borse

Following a bench trial, the trial court entered judgment in favor of plaintiff, Bank One, N.A. (Bank One), on defendant Susan Clontz’s counterclaim alleging breach of fiduciary duty. In her counterclaim, Clontz alleged that Bank One breached its fiduciary duty as the trustee of the Anton G. Borse Amended and Restated Declaration of Trust (the trust). Clontz alleged that Bank One failed to properly manage the assets of the trust and failed to deal fairly with all of the trust’s beneficiaries. On appeal, Clontz contends that (1) the trial court abused its discretion in refusing to extend the…