In re Hutchings Family Trust

Emmett obtained complete reversal of a jury verdict and trial-court judgment ordering his trust-beneficiary client—who also served as trustee of the at-issue family trust—to pay a large, six-figure sum in actual and punitive damages to another trust beneficiary.  Following briefing and oral argument, the court of appeals held, as urged by Emmett, that the trial court’s decision was both contrary to law and unsupported by the evidence.  The court of appeals agreed with Emmett’s arguments, including that the trial court had applied inappropriate burdens and standards of proof and had misunderstood the elements of a claim of conversion.  The court of appeals not only reversed the jury verdict against Emmett’s client, the defendant in the trial court; it also entered judgment in his client’s favor and ordered the plaintiff to reimburse his client for court costs.