Final Judgment
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Transcript of Final Judgment
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ATTORNEYS & COUNSELORS
:\ I.ANA K. A l."krr.S III.: 2 1-1.711) 111 2
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July9,20 15
VIA ELECTRONIC FILING
Felicia Pitre Dallas County District Clerk George 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 above-referenced matter. Please issue two (2) Abstracts of Judgment and return them to me in the self-addressed, stamped enve lope that is being mailed to Linda Schaffer under separate cover. Please include the following addresses on the Abstract of Judgment:
Plainti ff:
Defendant:
Angela Militello, f/k/a Angela Leigh Simpson Starrett 7608 Highmont Street Dallas, Texas 75230
Wells Fargo Bank, N.A. c/o Corporation Service Company d/b/a CSC-Lawyers Incorporating Service Company 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.
AKNmk Enclosure
Alana K. Ackels
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 1
Christi Underwood2 ABSTRACTS-ESERVE
FILEDDALLAS COUNTY
7/9/2015 10:35:11 AMFELICIA PITRE
DISTRICT CLERK
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CAUSE NO. DC-lO-06m ?JJ! M 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
Defendant.
000771 IN THE DISTRICT COURT
DALLAS COUNTY, TEXAS
19Snl JUDICIAL DISTRICf
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
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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 a 3 i , 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 duty, fraud, and negligence in the amount of $ r, 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
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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 $30t OOO.00 in additional 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 is awarded prejudgment interest on the amount of S .1) I
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Signed -eO
FJNAL JUDGMENT PAGE 4
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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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