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CARTER v. CARTER

No. 04-99-00332-CV.

21 S.W.3d 441 (2000)

Clyde T. CARTER, Appellant, v. Joe CARTER, et al, Appellee.

Court of Appeals of Texas, San Antonio.

March 29, 2000.

Attorney(s) appearing for the Case

Karl E. Hays, Law Offices of Edwin J. (Ted) Terry, Jr., Austin, Bruce J. Mery, Law Offices of Bruce J. Mery, San Antonio, for appellant.

Robert E. Golden, Robert E. Golden & Associates, San Antonio, for appellee.

Sitting: CATHERINE STONE, Justice, PAUL W. GREEN, Justice, KAREN ANGELINI, Justice.

OPINION

Opinion by: KAREN ANGELINI, Justice.

FACTUAL AND PROCEDURAL BACKGROUND

Clyde C. Carter was the trustee of the Harry Lee Carter Estate Management Trust. On June 6, 1989, Clyde filed an application to terminate the Trust. Beneficiaries of the Trust and two co-trustees sued Clyde for breach of fiduciary duty. As a result, in 1991, a $7,000,000 judgment was entered against Clyde and in favor of the Trust. After the judgment was entered, Clyde...

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