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Pritchard v. Johnson12/16/1999
contend that the applicability of rule 1.04 is a sufficient ground for summary judgment in their favor.
B&P;argued in its response to the motion and argues on appeal that rule 1.04 is inapplicable because B&P;is not suing for breach of a fee agreement but for breach of a fiduciary duty, and that the contingent fee is the measure of damages.
We agree with B&P;that rule 1.04 does not support the summary judgment on the cause of action for breach of fiduciary duty. Conclusion
We affirm the judgment of the trial court granting summary judgment in favor of appellees on the causes of action for civil conspiracy, conversion, actual fraud, and negligence. We reverse the judgment of the trial court on the causes of action for breach of fiduciary duty and constructive fraud and remand this cause to the trial court for further proceedings.
Sam Nuchia Justice
Justice Mirabal concurring and dissenting.
Publish. Tex. R. App. P. 47.
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