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ALPERT v. RILEY

Nos. 01-06-00605-CV, 01-06-00505-CV.

274 S.W.3d 277 (2008)

Robert ALPERT, Roman Alpert, and Renee Picazo, Guardian of the Estate of Daniel Alpert, A Minor, Appellants, v. Mark RILEY, Individually and as Trustee, Appellee.

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

Rehearing Overruled January 15, 2009.

Attorney(s) appearing for the Case

Bobbie G. Bayless, Bobbie Grace Bayless, Bayless & Stokes, Christopher Jene Richart, Jeffrey L. Oldham, Mayer, Brown, Rowe & Maw LLP, Claudia Wilson Frost, Pillsbury Winthrop Shaw Pittman LLP, J. Brett Busby, Bracewell & Giuliani LLP, Mark D. Manela, Mayer Brown LLP, Edward J. Hennessy, Hennessey, Gardner & Barth, Kristin N. Necessary, Melinda M. Riseden, C. Vance Christopher, Sharon B. Gardner, Crain, Caton & James, P.C., Houston, TX, Patricia D. White, Sandra Day O'Connor College of Law, Arizona State University, Tempe, AR, for Appellants.

David W. Holman, The Holman Law Firm, P.C., Houston, TX for Appellee.

Panel consists of Chief Justice RADACK and Justices JENNINGS and BLAND.

CORRECTED OPINION ON REHEARING

JANE BLAND, Justice.

The parties filed motions for rehearing, and Mark Riley also moved for rehearing en banc. We grant rehearing and withdraw our opinion and judgment of October 9, 2008 and issue the following in their stead.1 Our disposition of the case remains unchanged.

In this trust management dispute involving three separate trusts, Roman Alpert and Renee Picazo, Guardian of the Estate...

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