MILLER v. KENNEDY & MINSHEW, PROF. CORP.

No. 2-01-408-CV.

142 S.W.3d 325 (2003)

William J. MILLER, Appellant, v. KENNEDY & MINSHEW, PROFESSIONAL CORPORATION a/k/a Kennedy, Minshew, Campbell & Morris, P.C., and a/k/a Kennedy, Minshew & Campbell, P.C., and Robert Minshew, Appellees.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled July 8, 2004.


Attorney(s) appearing for the Case

Law Office of Frederick R. Zlotucha, Frederick R. Zlotucha, San Antonio, Storey, Moore & McCally, P.C., Helen A. Cassidy, Holtz & Wright, Inc., James W. Holtz, Houston, Bourland, Kirkman, Seidler, Evans, Jay & Michel, L.L.P., David L. Evans, Fort Worth, for appellant.

Haynes and Boone, L.L.P., Karen S. Precella, Kendyl Darby, Fort Worth, Kennedy & Minshew, P.C., Jack G. Kennedy, Sherman, for appellees.

PANEL A: CAYCE, C.J.; WALKER, J.; and SAM J. DAY, J. (Retired, Sitting by Assignment).


Rehearing En Banc Overruled July 8, 2004.

OPINION

JOHN CAYCE, Chief Justice.

I. Introduction

In this fee forfeiture case, the primary issue we must decide is whether the trial court abused its discretion by ruling that no forfeiture was required where the jury found that appellees, who are attorneys, breached their fiduciary duty to their client, appellant William J. Miller; that Miller ratified appellees' misconduct and committed fraud...

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