STERLING TRUST CO. v. ADDERLEY

No. 2-00-336-CV.

119 S.W.3d 312 (2003)

STERLING TRUST COMPANY, Appellant, v. Roderick ADDERLEY, Individually and On Behalf of the Estate of Elsie Westmoreland, Jim and Vicki Allison, Hilda Banta, Sadye Millie Barbee, Individually and as Trustee of the Sadye M. Bridges Barbee Revocable Living Trust, Ray and Barbara Bissell, Diana Boyd, Margaret Maness Bridges, Individually and On Behalf of the Estate of J.T. Maness, George Emory Bridges, Dorothy Claunch, Clarence and Iva Davis, Carol Ann and Charles Denson, Sr., Patsy and Raymond Dixon, Hercules and Ruby Echols, Gary Farish, Martin and Patsy Hardin, Nancy Harris, Willie Harris, Individually and On Behalf of the Estate of Bennie Harris, James E. and Ina Dell Hill, Maxine Jackson, Nancy Kaufmann, Walter and Glenda Kaufmann, Bill and Galya Keith, Essie Lacy, Individually and On Behalf of the Estate of Swarn Lacy, Jr., Joe Langdon, Manuel and Margaret Marin, Gary and Winifred McDermott, Marjorie and Arthur McDonald, W.C. And Rose Mary McGee, H.L. And Janis Merrill, H.L. Merrill & Son Construction Co., Inc., Don and Edith Mobley, Mary K. Parham, Buck and Martha Pigg, Gene W. Preston, as Independent Executor of the Estate of Gladyce P. Acers, Jaquitta M. Putman, Joann Russell, Camille Sanders, Individually and as Independent Executrix of the Estate of Fred Sanders, Roll Sanders, Norman G. and Eileen V. Watson, Donna Whittenton, Joe D. Willcox, Jr., Individually and as Independent Executor Of The Estate Of Kenneth R. Willcox, and Intervenors Jack R. Mann, Sr., Earl R. Crider and Leta Crider, Appellees.

Court of Appeals of Texas, Fort Worth.

Rehearing and Reconsideration Denied September 18, 2003.


Attorney(s) appearing for the Case

Kelly, Hart & Hallman, P.C., Donald E. Herrmann, Dee J. Kelly, Jr., Fort Worth, Jenkens & Gilchrist, P.C., Robert B. Gilbreath, V. Elizabeth Kellow, Dallas, for Appellant.

Jose, Henry, Brantley & Keltner, L.L.P., Rickey J. Brantley, David E. Keltner, Karen S. Precella, Fort Worth, Murphy Mahon, Keffler & Farrier, L.L.P., Thomas G. Farrier, Fort Worth, For Appellee.

James Dan Moorhead, for Jack R. Mann.

Panel A CAYCE, C.J.; DAY and DAUPHINOT, JJ.


Rehearing and En Banc Reconsideration Denied September 18, 2003.

OPINION

JOHN CAYCE, Chief Justice.

In this securities fraud case, the jury found that Sterling Trust Company materially aided Norman Cornelius in committing securities fraud and breached its fiduciary duty as a trustee. In three multi-faceted issues on appeal, Sterling challenges both of those jury findings and the trial court's damages calculations. We will affirm the trial court's...

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