McDonough v. Williamson

OPINION

PAUL PRESSLER, Justice.

This is an appeal by writ of error from a default judgment. The primary question is whether the judgment was final or interlocutory. We hold that the judgment was final and affirm as modified.

Plaintiffs sued J. Moore McDonough, Jr., individually and as trustee, for breach of his fiduciary duties under a trust agreement. The agreement, provided that the trust would terminate no later than December 13, 1985. Plaintiffs allege that McDon-ough refused to distribute or account for the assets at that time. McDonough did not answer the suit. Plaintiffs proved damages…