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DI PORTANOVA v. MONROE

No. 01-04-00992-CV.

229 S.W.3d 324 (2006)

Paul Piero DI PORTANOVA; Antonella Apuzzo Di Portanova; Max Butler, Robert Hux, and Robert A. Higley, Co-Trustees of the H.R. Cullen and Lillie C. Cullen New Louisiana Trust for the Benefit of Ugo Di Portanova, Appellants, v. Richard MONROE, Guardian of the Estate of Ugo Di Portanova, An Incapacitated Person, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled December 7, 2006.

Attorney(s) appearing for the Case

Christopher A. Prine, Crain, Caton & James, P.C., Helen B. Wils, Crain, Caton & James, Wayne Fisher, Fisher, Boyd, Brown, Boudreaux & Huguenard, LLP, Jennifer Bruch Hogan, Richard P. Hogan, Jr., Pillsbury Winthrop Shaw Pittman, L.L.P., James A. Huguenard, Houston, TX, Darrin M. Walker, Law Offices of Darrin Walker, Kingwood, TX, for Appellants.

Richard Snell, Stacy L. Kelly, David A. Furlow, W. Cameron McCulloch, Thompson & Knight, L.L.P., Houston, TX, for appellee.

Panel consists of Chief Justice RADACK and Justices TAFT and NUCHIA.

OPINION

SHERRY RADACK, Chief Justice.

In this appeal, we consider whether a declaratory judgment is appropriate to resolve a dispute between a beneficiary and a trustee over how the trustee should exercise the discretion given to him in the trust instrument. In accordance with our holding that no justiciable controversy was presented to the trial court on that issue, we vacate that portion of the judgment of the trial court and dismiss that portion of the...

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