McMullen v. Yates

ON RELATOR’S PETITION FOR WRIT OF MANDAMUS

In October of 1982, relator Lavema Lee McMullen, brought suit against James B. Young and Dean Witter Reynolds, Inc. (Dean Witter) for actual and exemplary damages arising out of the churning of her account with Dean Witter of which Young was the account executive. These allegations were raised in Count II of her suit; her complaints under Count I are not here in issue. Under Count II relator brought action under Texas common law alleging fraud, breach of fiduciary duty, and negligence. She further sought relief under the Texas Deceptive Trade…