Texas Breach of Fiduciary Duty Lawyer Jason S. Coomer Handles A Variety of Texas Breach of Fiduciary Duty Lawsuits Including Texas Trustee, Executor, Guardian, Business Executive, Financial Advisor, Board of Director, POA, and Administrator Breach of Fiduciary Duty Lawsuits by Texas Breach of Fiduciary Duty Lawyer and Austin Texas Fiduciary Duty Lawyer Jason S. Coomer
Texas Breach of Fiduciary Duty Lawyer Jason Coomer handles Texas breach of fiduciary duty lawsuits where Texas Executors, Texas Trustees, Texas Business Executives, Texas Financial Advisors, Texas Guardians, Texas Lawyers, Texas Accountants, or other persons or entities have breached their fiduciary duty causing plaintiffs to suffer damages. As a Texas breach of fiduciary duty lawyer, he also represents executors, administrators, trustees, guardians, business executives, persons holding powers of attorney, and other persons or entities that have been accused of breaching their fiduciary duty.
To prevail on a breach of fiduciary duty claim under Texas law, a plaintiff must first prove the existence of a fiduciary relationship between the plaintiff and the defendant. See Lundy v. Masson, 260 S.W.3d 482, 501 (Tex. App.—Houston [14th Dist.] 2008, pet. denied). “[A] fiduciary duty arises out of agency law based upon a special relationship between the two parties.” In re Bass, 113 S.W.3d 735, 743 (Tex. 2003) (orig. proceeding) (citing Johnson v. Brewer & Pritchard, P.C., 73 S.W.3d 193, 200 (Tex. 2002)); see also Shands v. Tex. State Bank, 121 S.W.3d 75, 77 (Tex. App.—San Antonio 2003, pet. denied) (stating that an agency relationship creates a fiduciary relationship as a matter of law). An agent is a person who is authorized to act for another and is subject to the control of the other. SITQ E.U., Inc. v. Reata Rests., Inc., 111 S.W.3d 638, 652 (Tex. App.—Fort Worth 2003, pet. denied) (noting that agency is generally a question of fact and that the trial court, as factfinder, was free to resolve any inconsistencies in the conflicting testimony to support its implied finding of agency). “Texas law does not presume agency, and the party who alleges it has the burden of proving it.” IRA Res. Inc. v. Griego, 221 S.W.3d 592, 597 (Tex. 2007); Tex. Cityview Care Ctr., L.P. v. Fryer, 227 S.W.3d 345, 352 (Tex. App.—Fort Worth 2007, pet. dism’d) (same).
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