Legal Opinion

Miller v. Kennedy & Minshew, Professional Corp.

Court of Appeals of Texas

Decided July 8, 2004No. 2-01-408-CVPublishedCited by 77 opinions

1Opinion of the Court

OPINION

JOHN CAYCE, Chief Justice.

I. Introduction

In this fee forfeiture case, the primary issue we must decide is whether the trial court abused its discretion by ruling that no forfeiture was required where the jury found that appellees, who are attorneys, breached their fiduciary duty to their client, appellant William J. Miller; that Miller ratified appellees’ misconduct and committed fraud; and that both appellees and Miller breached their retainer fee agreement and were negligent, but only appellees suffered damages. Because we conclude that the trial court’s ruling was not an abuse of…

2Cases cited59 opinions

  1. Downer v. Aquamarine Operators, Inc.Texas Supreme Court · 1985
  2. In Re King's EstateTexas Supreme Court · 1951
  3. Coker v. CokerTexas Supreme Court · 1983
  4. Formosa Plastics Corp. USA v. Presidio Engineers and Contractors, Inc.Texas Supreme Court · 1998
  5. Maritime Overseas Corp. v. EllisTexas Supreme Court · 1998

54 more not listed; retrieve them via the Exa API.

3Cited by77 opinions

  1. City of the Colony v. North Texas Municipal Water DistrictCourt of Appeals of Texas · 2008
  2. Reynolds v. MurphyCourt of Appeals of Texas · 2006
  3. Toshiba MacHine Co. v. SPM Flow Control, Inc.Court of Appeals of Texas · 2005
  4. Formosa Plastics Corp., USA v. Kajima International, Inc., Texas Court of Appeals, 13th District2006
  5. In Re Enron Corp. Securities, Derivative & Erisa Lit.District Court, S.D. Texas · 2011

72 more not listed; retrieve them via the Exa API.

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