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SMITH v. O'DONNELL

No. 07-0697.

288 S.W.3d 417 (2009)

Paul H. SMITH, et al., Petitioners, v. Thomas O'DONNELL, Executor of the Estate of Corwin Denney, Respondent.

Supreme Court of Texas.

Decided June 26, 2009.

Attorney(s) appearing for the Case

Casey L. Dobson, Paige Arnette Amstutz, Jane M.N. Webre, Scott Douglass & McConnico, L.L.P., Austin TX, for Petitioner.

Vincent L. Marable III, Paul Webb, P.C., Wharton TX, Brett Wagner, Mark W. Long, Larry J. Doherty, Doherty Long & Wagner, L.L.P., Houston TX, for Respondent.

Justice O'NEILL delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice BRISTER, Justice MEDINA, and Justice JOHNSON joined.

Thomas O'Donnell, as executor of the estate of Corwin Denney, sued Cox & Smith, Corwin's attorneys, for legal malpractice, breach of fiduciary duty, and gross negligence/malice arising out of advice the attorneys gave Corwin while he was serving as executor of his wife's estate. The trial court granted summary judgment...

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