Barnett v. Rogers

Cheryl Barnett (“Petitioner”) sought to remove her brother, Roy Rogers, Jr., (“Trustee”), as trustee of the Roy Rogers and Dale Evans Rogers Trust (“the Trust”) and obtain awards of compensatory and punitive damages for Trustee’s alleged breach of his fiduciary duties to the Trust. After a bench trial, the trial court denied relief.1

In a single point relied on, Petitioner — a beneficiary of the Trust — claims

[t]he trial court erred when it failed to remove [Trustee] as trustee of [the Trust] and allow the Trust recovery for the losses it sustained because of a breach of [Trustee]’s fiduciary…