Legal Opinion

Robert Litoff v. David Case, Trustee

Texas Court of Appeals, 3rd District (Austin)

Decided May 29, 2025No. 03-24-00400-CVPublished

1Opinion of the Court

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-24-00400-CV Robert Litoff, Appellant v. David Case, Trustee, Appellee FROM THE PROBATE COURT NO. 2 OF TRAVIS COUNTY NO. C-1-PB-24-000672, THE HONORABLE NICHOLAS CHU, JUDGE PRESIDING MEMORANDUM OPINION Robert Litoff appeals the trial court’s dismissal of his suit against David Case under Texas Rule of Civil Procedure 91a. David serves as the trustee of a trust for which Robert is the primary beneficiary, and Robert sued to modify the terms of the trust and demand an accounting from David. 1 Because Robert’s claims have a basis in law and…

2Cases cited4 opinions

  1. Duncan v. Cessna Aircraft Co.Texas Supreme Court · 1984
  2. DeSantis v. Wackenhut Corp.Texas Supreme Court · 1990
  3. Abutahoun v. Dow Chemical Co.Texas Supreme Court · 2015
  4. McKeehan v. McKeehanCourt of Appeals of Texas · 2011

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