Schumacher v. Schumacher

VICTOR C. HOWARD, Judge.

Louis Edward Schumacher Austin and Sara Schumacher (“Trustees”) 1 appeal the judgment of the trial court in favor of James Price Schumacher and Cindy Sue Davis (“Beneficiaries”) on their petition for declaratory judgment. On appeal, Trustees contend that the trial court erred in entering a judgment finding that Trustees had breached their fiduciary duties because: (1) the issue was outside of the pleadings and had not been tried by consent; and (2) the court failed to hear evidence and consider facts that would have supported Trustees’ investment decisions. The…