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

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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