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MYRICK v. MOODY NAT. BANK

No. 01-09-00510-CV.

336 S.W.3d 795 (2011)

David B.T. MYRICK, Jr., Appellant, v. MOODY NATIONAL BANK, Trustee, Appellee.

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

February 10, 2011.

Attorney(s) appearing for the Case

L. Brent Farney , San Antonio, TX, for Appellant.

Angela Olalde , Roni Mihaly, Greer, Herz & Adams, L.L.P., League City, TX, Charles O. Grigson , Austin, TX, Dennis R. Bettison , Bettison, Boyle, Apffel & Guarino, P.C., John A. Buckley Jr. , Greer, Herz & Adams, LLP, Galveston, TX, Joseph S. Horrigan , Horrigan & Goehrs, LLP, Houston, TX, Van Henry Archer III , San Antonio, TX, for Appellee.

Panel consists of Justices KEYES, SHARP, and MASSENGALE.

OPINION

MICHAEL MASSENGALE, Justice.

Appellant David B.T. Myrick, Jr. appeals from a declaratory judgment granted in favor of appellee Moody National Bank. The bank is the trustee and Myrick is a beneficiary of a trust created in 1934. Myrick sued the trustee, seeking a declaratory judgment that it did not have the authority to enter into a lease with terms extending beyond the termination date of the trust. The trustee countersued, seeking, among other...

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