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AVARY v. BANK OF AMERICA, N.A.

No. 05-00-00918-CV.

72 S.W.3d 779 (2002)

Rhonda AVARY, Guardian of the Estates of Brett Joseph Bourgeois and Timothy James Bourgeois, Minor Children, Appellant, v. BANK OF AMERICA, N.A., Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Overruled May 6, 2002.

Attorney(s) appearing for the Case

Charles W. McGarry, Thurman & Andres, P.C., Dallas, for appellant.

Talmage Boston, Winstead, Secrest & Minick, P.C., Dallas, for appellee.

Before Justices MORRIS, WHITTINGTON, and O'NEILL.

OPINION

Opinion By Justice WHITTINGTON.

Rhonda Avary, guardian of the estates of Brett Joseph Bourgeois and Timothy James Bourgeois, minor children (Avary), sued Bank of America, N.A. (Bank) for breach of fiduciary duty, negligence, fraud, and conspiracy. The alleged wrongful conduct occurred during the court-ordered mediation of a now-concluded lawsuit. The Bank moved for summary judgment on the ground that Avary had no evidence to support her claims because...

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