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AVERITT v. PRICEWATERHOUSECOOPERS L.L.P.

No. 2-01-014-CV.

89 S.W.3d 330 (2002)

Walter Fay AVERITT, Ronald G. Tefteller, Successor Trustee of the W.T. Averitt, III Trust, u/t/a Dated August 31, 1988, W.T. Averitt, III, and Shannon Averitt Medford, Appellants, v. PRICEWATERHOUSECOOPERS L.L.P., Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled December 12, 2002.

Attorney(s) appearing for the Case

Canon & Gaston, P.C., Michael J. Canon, W. Clayton Gaston, Midland, for Appellant.

Jackson Walker L.L.P., Albon O. Head, Jr., Mark T. Josephs, William D. Ellerman, Fort Worth, for Appellee.

PANEL A: CAYCE, C.J., DAY and DAUPHINOT, JJ.

OPINION

JOHN CAYCE, Chief Justice.

Introduction

The primary issue we must decide in this case is whether an accounting firm can use a declaratory judgment action to obtain a declaration of nonliability for an alleged breach of an oral contract for accounting services pertaining to the formation of a trust. Because we hold that use of a declaratory judgment action is improper in this context, we reverse the trial court's judgment and render judgment...

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