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in the Matter of the Estate of Richard C. Poe
Citation: Not availableDocket: 08-18-00015-CV
Court: Court of Appeals of Texas; August 28, 2019; Texas; State Appellate Court
Original Court Document: View Document
The Court of Appeals for the Eighth District of Texas affirmed the lower court's decision that granted declaratory relief to Richard C. Poe II against Co-Independent Executors Anthony E. Bock and Karen G. Castro, as well as against Bock, Castro, and Paul O. Sergent, Jr. in their capacities as officers of Poe Management, Inc. and Co-Trustees of the Dick Poe Estate Trust. The court also upheld the judgment awarding monetary relief to Bock and Castro as Co-Independent Executors and attorney’s fees to Richard C. Poe II under the Texas Declaratory Judgment Act. Conversely, the court identified errors regarding the lower court's ruling that dismissed claims against Sergent and Bock individually. Specifically, it reversed the take-nothing judgment concerning the breach of fiduciary duty of loyalty claim limited to disgorgement of legal and accounting fees since Richard C. Poe's death, as well as the dismissal of the conspiracy claim against Sergent. All other take-nothing judgments in favor of Bock, Sergent, and Castro were affirmed. Costs were ordered to be assessed against the party incurring them. The judgment was issued on August 28, 2019, by Chief Justice Ann Crawford McClure, with Justices Rodriguez and Palafox concurring.