Ostrander v. Texas Commerce Bank-Northwest, N.A.

HOWELL, Justice.

Plaintiff-appellant, Charles B. Ostrander, Jr., acting as next friend of his incompetent father, Charles B. Ostrander, Sr., brought this action against defendant-appellee, Texas Commerce Bank-Northwest, N.A., as guardian of his father’s estate. Plaintiff alleged that the defendant bank had breached its fiduciary duty of care in managing the estate’s assets. The court subsequently dismissed plaintiff’s suit with prejudice, reciting that plaintiff had failed to comply with (1) an order to amend his pleading in response to defendant’s special exceptions and (2) an order to secure…