thatSilverado's provethat wrongful Silverado's wrongful assault assault
andbattery and intentional wasintentional battery was andmalicious, and suchthatSilverado malicious, such that Silverado should beassessed shouldbe assessed
exemplary exemplary punitivedamages. orpunitive or damages. C C BREACH BREACH OFTRUST OF andBREACH TRUST and OFFIDUCIARY BREACH OF DUTY FIDUCIARY DUTY
80 Plaintiffs c Plaintiffs laimdamages claim jointly and severally a damages jointlyandseverally against DavidandCarol gainstDavid for and Carol for
fraud,breachof fraud, fiduciaryduty,and/orbreachof breach of fiduciary withrespect trustwith duty, and/or breach of trust respectto their to their
obligations fiduciary obligations toRuby to andthemselves. Rubyand themselves.
Silverado Appx. 0193 No. 1-15-586-CV 3229 81 TheEstates The Estates Code breacheshis thataa fiduciarybreaches Code providesthat her dutyby orherduty hisor by neglecting o provide accounting, neglecting tto records,funds, accounting,records, funds,aand ndinformation informationwhenasked when askedor or under under aa duty to provide duty to provide the same. IItt further includes the same. includes ffailure ailureto meetthehighest to meet the highest degree degree of care owed of care owed to to any humanbeing.Tex. anyhuman being. Tex. E Code.7751.001 st.Code. Est. 51.001eett seq. seq.
82 Carol Carol aand ndDavid have duties David have dutiestto: account,keep o:account, accuraterrecords, keepaccurate ecords,andproduce and produce the the same demand bby upon demand same upon ythe the beneficiariesincluding includingR ubyandthePlaintiffs. Ruby and the Plaintiffs. Sec.751.102. Sec. 751.102. Duty to Timely Inform Duty to Inform Principal. [TPC§489B(b)] states:""(a) [TPC §489B(b)]states: (a)The The
attorney in attorney in fact fact or shalltimely agentshall or agent timely inform the principal of inform theprincipal of eachactiontaken each action taken underthe of attorney.(b)Failure power of attorney. under the power of anattomey (b) Failure ofan attorneyin fact oragentto in factor timely agent to timely inform, as to inform, as third doesnot invalidate to third parties, does not actionofthe attorneyinfact any action of theattomey invalidateany in factor or agent."Sec. 751.103. of Records.[TPC§489B(c),(f)] states:"(a) agent." Sec. 751.103. Maintenance of Records. [TPC §489B(c), (f)]states: "(a) The The attorney in fact or agent attorney in fact or shallmaintain agentshall recordsof eachactiontaken or maintain records of each action takenor decisionmadeby the attorneyin decision made by the attomey fact or agent. in fact or (b)Theattorneyin fact oragent agent. (b) The attorney in factor agent shallmaintainallrecordsuntildelivered to theprincipal, releasedbytheprincipal, shall maintain all records until delivered to the principal, released by the principal, or dischargedby court."Sec.751.104. Accounting. [TPC§489B(d), (e)]states or discharged by aa court." Sec. 751.104. Accounting. [TPC §489B(d), (e)1 states "(a)Theprincipalmaydemandan accounting bytheattorneyinfact agent.(b) "(a) The principal may demand an accounting by the attorney in factor or agent. (b) Unlessotherwisedirectedby the accounting underSubsection (a) Unless otherwise directed by the principal, an an accounting under Subsection (a) must include:(1)the propertybelongingto theprincipalthathas cometo the must include: (1) the property belonging to the principal that has come to the attorneyin fact'sor agent'sknowledge or intothe attorneyin fact'sor agent's attorney in fact's or agent's knowledge or into the attorney in fact's or agent's
Silverado Appx. 0194 No. 1-15-586-CV 3230 possession; possession; (2) each action taken (2)eachaction ordecision taken or decision m adebythe made infact by the attorney in agent; or agent; fact or
(3)aa complete (3) complete ofreceipts,