Tener v. Short Carter Morris
Texas Court of Appeals
2014 WL 4259885 (2014)
- Written by Whitney Kamerzel , JD
Facts
Stanley Tener (plaintiff) and Sezanne Tener were married, and for most of the marriage, they lived in a property they purchased in Colorado. Sezanne eventually moved to Texas and filed for divorce from Stanley. Stanley hired Adam Morris (defendant) from the law firm Short Carter Morris, LLP (SCM) (defendant) to represent him in the divorce. The divorce court found that it had personal jurisdiction over the Teners. The court found that Texas law applied to the property situated in Colorado and that the property was Sezanne’s separate property. Stanley sued Morris and SCM for negligence and breach of fiduciary duty, arguing that they should have asked the divorce court to apply Colorado law, which would have established the Colorado property as the Teners’ community property. The trial court granted Morris and SCM’s motion for summary judgment, holding that Texas law was properly applied. Stanley appealed.
Rule of Law
Issue
Holding and Reasoning (Jennings, J.)
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