Franks v. Roades

OPINION

Opinion by Justice BENAVIDES.

Christine Franks, appellant, appeals from a summary judgment granted in favor of John Leslie Roades, appellee. Franks asserts that fact issues exist regarding whether Roades breached his fiduciary duty to her and whether Roades acted negligently. We affirm.

I. Background

Roades, an attorney in Wharton, Texas, began representing Franks in 1999 when he prepared a durable power of attorney, appointing Michael Franks (“Michael”), her son, as her attorney-in-fact. In July 2001, Franks changed the power of attorney to appoint Carol Thompson (“Thompson”), her…