Texas Fiduciary Litigator

Texas Fiduciary Litigator

The Intersection of Texas Courts and the Fiduciary field

Tag Archives: discovery rule

Court Rejects Claim That Mortgage Lender Owed Fiduciary Duties To Borrower And Addressed The Discovery Rule For The Statute of Limitations

In Wakefield v. Bank of Am., N.A., a borrower stopped paying on her mortgage because she felt she was assisting in a fraud. No. 14-16-00580-CV, 2018 Tex. App. LEXIS 545 (Tex. App.—Houston [14th Dist.] January 18, 2018, no pet. history). She later sued the lender for breach of fiduciary duty, and the lender filed a… Continue Reading

To Invoke the Discovery Rule, a Plaintiff Must Have Objectively Verifiable Evidence to Support the Underlying Claim

In Moczygemba v. Moczygemba, a mother sold a ranch to two sons and later sued them for breach of fiduciary duty for not disclosing to her that the deeds also transferred mineral interests. No. 04-14-001100-CV, 2015 Tex. App. LEXIS 1536 (Tex. App.—San Antonio February 18, 2015, no pet. hist.). The trial court granted summary judgment… Continue Reading

The Statute of Limitations for Bills of Review in Estate Cases Are Two Years

In Valdez v. Hollenbeck, parties attempted to sue an administrator for thefts from the estate by a third person around 1995 after the court had discharged the administrator in 1996. No. 13-0709, 2015 Tex. LEXIS 556 (Tex. June 12, 2015). The Texas Supreme Court held that all bills of review (statutory or equitable) from probate… Continue Reading