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    Final Judgment

    Uploaded by

    Michael Lindenberger
    On June 30, Texas state district judge Emily Tobolowsky entered a final judgment in favor of plaintiff Angela Militello.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Final Judgment

    Uploaded by

    Michael Lindenberger
    366 views6 pages
    On June 30, Texas state district judge Emily Tobolowsky entered a final judgment in favor of plaintiff Angela Militello.

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

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    On June 30, Texas state district judge Emily Tobolowsky entered a final judgment in favor of plaintiff Angela Militello.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    366 views6 pages

    Final Judgment

    Uploaded by

    Michael Lindenberger
    On June 30, Texas state district judge Emily Tobolowsky entered a final judgment in favor of plaintiff Angela Militello.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 6
    At a glance
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    The case involved claims of breach of fiduciary duty, fraud, negligence, and gross negligence against a bank trust. The plaintiff was awarded various damages including past economic damages, disgorgement of trust fees, mental anguish damages, exemplary damages, and attorneys fees.

    The case is about a plaintiff, Angela Militello, suing Wells Fargo Bank for breach of fiduciary duty, fraud, negligence, and gross negligence related to a trust established by Ms. Militello.

    The plaintiff was awarded past economic damages, disgorgement of trust fees, past mental anguish damages, exemplary damages, and attorneys fees in specified amounts totaling over $1 million.

    ATTORNEYS

    DALLAS COUNTY
    7/9/2015 10:35:11 AM
    FELICIA PITRE
    DISTRICT CLERK
    :\ I.ANA K. A l."krr.S
    III.: 2 1-1.711) 111 2

    & COUNSELORS

    r AJ,.;

    ..'.oil " I LSu)3E lI

    :-:t,:--.:-: ,\1.1. y.co:q

    2 ABSTRACTS-ESERVE
    Christi Underwood
    Jul y9,20 15

    VIA ELECTRONIC FILING


    Felicia Pitre
    Dallas County District Clerk
    Geo rge L. Allen, Sr. Courts Bldg.
    600 Commerce Street, Suite 103
    Dallas, Texas 75202
    Re:

    Cause No . DC-I 0-06211; Angela Militello, flkla Angela Leigh Simpson Starrell v.
    Wells Fargo Bank, NA .; In the 298 1h Judicial Di strict Court, Dallas County, Texas

    Dear Ms. Pitre:


    Attached is a Final Judgment entered in the abo ve-referenced matter. Pl ease issue two
    (2) Abstracts of Judgment and return them to me in the self-addressed, stamped enve lope that is
    being mail ed to Linda Schaffer under separate cover. Please include the following addresses on
    the Abstract of Judgment:
    Pl ainti ff:

    Angela Militello, f/k/a Angela Leigh Simpson Starrett


    7608 Hi ghmont Street
    Dallas, Texas 75230

    Defendant:

    Wells Fargo Bank, N.A.


    c/o Co rporati on Service Company d/b/a
    CSC-Lawye rs Incorporating Service Co mpany
    2 11 E. 71h Street, Suite 620
    Aust in, Texas 78701-3218

    Thank you for your assistance with thi s matter. If you have any quest ions or concerns,
    please feel free to contact me.

    Alana K. Ackels
    AKNmk
    Enclosure
    Cc : Shayne Moses, David Palmer, Stacie Burgess (via e-jiling)
    861 Ll / 2224065_ l.docx

    3232 MCKINNEY AVENUE SUITE 1400 . DALLAS. TXAS 75204 1214 . 740 .1400 I WWW . BELLNUNNALLY.CO M

    CAUSE NO. DC-lO-06m


    ANGELA MILITELLO, FIKIA

    ANGELA LEIGH SIMPSON STARREIT,

    Plaintiff,

    vs.

    WELLS FARGO BANK, N.A., AS

    SUCCESSOR TRUSTEE TO CHASE

    BANK OF TEXAS, N.A. FOR THE

    REVOCABLE TRUST ESTABLISHED

    BY ANGELA LEIGH SIMPSON

    STARREITBY AGREEMENT DATED

    SEPTEMBER 8, 1999

    ?JJ! M

    000771

    IN THE DISTRICT COURT

    DALLAS COUNTY, TEXAS

    19Snl JUDICIAL DISTRICf

    Defendant.

    FINAL JUDGMENT

    On April 16, 2012, this case was called for a bench trial. Plaintiff, ANGELA LEIGH
    MILITELLO, FIKIA ANGELA LEIGH SIMPSON STARRETI ("Plaintiff' or "Ms. Militello"),
    appeared through her attorneys and announced ready for trial. Defendant, WELLS FARGO

    BANK, N.A., AS SUCCESSOR TRUSTEE TO CHASE BANK. OF TEXAS, N.A. FOR THE
    REVOCABLE TRUST ESTABLSIHED BY ANGELA LEIGH SIMPSON STARRETI BY
    AGREEMENT DATED SEPTEMBER 8, 1999 ("Wells Fargo Bank"), appeared through its
    attorneys and announced ready for trial.
    The Court heard the evidence and arguments of counsel. The Court reviewed the
    post-trial submissions of the parties. Plaintiff filed a Motion for Entry of Judgment.
    The Court hereby RENDERS judgment in favor of Plaintiff against Wells Fargo Bank on
    each of the following causes of action alleged by Plaintiff

    FlNALJUDGMENT

    PAGEl

    a) Statutory breach of fiduciary duty under the Texas Trust Code;


    b) Common law breach of fiduciary duty;
    c) Common law fraud;
    d) Negligence; and
    e) Gross negligence
    It is therefore ordered, adjudged, and decreed that Plaintiff is granted judgment against

    Wells Fargo Bank as follows:


    1. It is ORDERED that Plaintiff is awarded past economic damages for breach of the
    Texas Trust Code, breach of fiduciary duty, fraud, negligence, and gross negligence in
    the amount of$

    h a3 i

    2. It is ORDERED that Plaintiff is awarded disgorgement of trust fees pursuant to Texas


    Trust Code Sections 114.06 1(b) and 114.008(a)(10)
    $

    in the amount of

    $1 d"i (P. '15

    3. It is further ORDERED that Plaintiff is awarded past mental anguish damages pursuant
    to Texas Trust Code Section 114.008(a)(10) and the Texas common law on breach of
    fiduciary
    $

    r,

    duty,

    fraud,

    and

    negligence

    in

    the

    amount

    of

    000, 0" 00

    4. It is further ORDERED that Plaintiff is awarded exemplary damages pursuant to Texas


    Trust Code Section Il4.008(a)(I), Texas Civil Practice and Remedies Code Section
    41.003 and the Texas common law on breach offidcuairy duty, fraud, negligence, and
    gross negligence in the amount of$

    4q O.

    S. It is further ORDERED that Plaintiff is awarded attorneys fees pursuant to Texas Trust

    Code Section 114.064(a) in the amount of$467,374.00.

    FINAL JUDGMENT

    PAGE 2

    6. It is further ORDERED that if Wells Fargo Bank appeals this judgment to the Court of
    Appeals and is unsuccessful, Plaintiff is further awarded $30 OOO.00 in additional
    t

    attorneys' fees.
    7. It is further ORDERED that if Wells Fargo Bank files a petition for review in the Texas
    Supreme Court that is ultimately denied, Plaintiff is further awarded $20,000.00 in
    additional attorneys' fees.
    8. It is further ORDERED that if Wells Fargo Bank files a petition for review in the Texas
    Supreme Court and review is granted, but relief is not ultimately granted to Wells
    Fargo bank, Plaintiff is further awarded $20,000.00 in additional attorneys' fees.
    9. Plaintiff

    .1)

    is
    I

    awarded

    prejudgment

    <}4-"" , 36

    interest

    on

    the

    amount

    of

    (past economic damages plus past

    mental anguish damages) calculated from May 21,2010 to the day before the judgment
    is rendered at the annual rate of 5%.
    10. Plaintiff is awarded postjudgment interest on the sum of: (i) damages attributable to
    Wells Fargo Bank and (ii) prejudgment interest, at the rate of 5% compounded
    annually from the date the judgment is rendered until paid.
    11. Plaintiff is awarded costs pursuant to Texas Trust Code 114.064(a), Rule 131 of the
    Texas Rules of Civil Procedure and Section 31.007{b) of the Texas Civil Practice &.
    Remedies Code.
    12. Plaintiff is awarded postjudgment interest on costs of court at an annual rate of 5%
    compounded annually from the date ofjudgment until paid.
    All relief sought by any party that is not specifically granted herein is denied. This
    disposes of all claims and all parties and is an appealable tinaijudgment.

    FINAL JUDGMENT

    PAGE 3

    Signed

    FJNAL JUDGMENT

    -eO

    PAGE 4

    APPROVED AS TO FORM AND SUBSTANCE:

    Edward W. Moore
    Texas Bar
    14329050
    Mikel J. Bowers
    Texas Bar No. 02734550
    Alana K. Ackels
    Texas Bar No. 24066760
    BELL NUNNALLY & MARTIN LLP
    3232 McKinney Avenue, Suite 1400
    Dallas, Texas 75204-2429
    Telephone: (214) 740-1400
    Facsimile: (214) 740-5765

    FINAL JUDGMENT

    PAGES

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