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, a trustee filed a mandamus proceeding to challenge a trial court’s order denying his motion to pay his attorney’s fees from the trust. The trial court denied the request, and the plaintiff filed a petition for writ of mandamus seeking an order from the court of appeals to order the trial court to grant the motion. An example of one such case arises “when a trial court imposes discovery sanctions which have the effect of precluding a decision on the merits of a party’s claims—such as by striking pleadings, dismissing an action, or rendering default judgment—a party’s remedy by eventual appeal is inadequate, unless the sanctions are imposed simultaneously with the rendition of a final, appealable judgment.” . Laws 3269, 3376; see also Act of May 28, 1993, 73rd Leg., R.
He incurred fees totaled just over 0,000 and argued that “[i]t’s not our burden today when seeking interim attorney’s fees to do any proof to show what’s reasonable and necessary at this stage in the game.” . He argued that absent mandamus review, Section 114.063’s application evaded appellate review and he would be forced to pursue litigation with his personal funds, which was “particularly egregious here when the trial court has already found a breach of fiduciary duty and thus validated some of [his] claims.” According to Cousins, “[p]roceeding forward with the litigation without mandamus relief jeopardizes Cousins’s ability to diligently pursue his breach-of-fiduciary-duty lawsuit against [James], as Cousins is obligated by statute to do.” However, the denial of Cousins’ motion does not deprive him of a reasonable opportunity to develop the merits of his case, such that the proceedings would be a waste of judicial resources.
“Cousins may still pursue his claims against James, including a claim for reimbursement under Section 114.063, and the eventual outcome has not been pre-determined by Respondent’s ruling.” .
The court also held that mandamus review was not so essential to give needed and helpful direction regarding Section 114.063 that would otherwise prove elusive in an appeal from a final judgment.
At the hearing, the plaintiff argued that the statute and the trust agreement authorized reimbursement for his attorney’s fees: “We’re not asking you to award us attorney fees we’re asking for access to the trust to pay our ongoing legal expenses.” . The trustee has a lien against trust property to secure reimbursement. According to the plaintiff, Section 114.063 applied to reimbursement during the lawsuit and Section 114.064, but not Section 114.063, applies at the end of the litigation. The court held that this fact, standing alone, did not warrant mandamus review.
The plaintiff filed a motion for court ordered payment of his legal fees and litigation expenses from the trust based on Texas Property Code Section 114.063. The plaintiff also argued that making him utilize personal funds to pursue litigation made the proceeding more costly and inconvenient.
A funeral is the last place you wanna have your mouth washed out with soap.
So, save the reading of the will until after the burial.
If you have a bratty cousin with an obnoxious Mohawk, send him over to Mesquite and maybe they’ll lower his ears.
Sorry Porky, it’s illegal for two pigs to make sweet love at the Kingsville Airport.
BONUS: I hope you’re not reading this while sitting on the sidewalk in Galveston.
In the Alamo City, it’s illegal to flirt using your eyes or hands. In most Texas towns, cleaning up the streets is encouraged.
Well, something went wrong over in Clarendon, where it is illegal to feather dust a public building.