Clark W. Brazil, M.D. v. Mayrita J. Roberts Hillman as Guardian of the Estate of Jennie M. Stokes, an Incapacitated Person ( 2014 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-13-00441-CV
Clark W. Brazil, M.D. § From the Probate Court
v. § of Denton County (PR-2009-00220-01)
Mayrita J. Roberts Hillman as § September 25, 2014
Guardian of the Estate of Jennie M.
Stokes, an Incapacitated Person § Opinion by Justice Meier
JUDGMENT
This court has considered the record on appeal in this case and holds that there was
error in the trial court’s judgment. It is ordered that the trial court’s “Order Denying
Defendant’s, Clark W. Brazil M.D., Motion to Dismiss and for Award of Fees and Expenses” is
reversed; that we render a judgment dismissing the claims of Mayrita J. Roberts Hillman as
Guardian of the Estate of Jennie M. Stokes, an Incapacitated Person, against Clark W. Brazil,
M.D.; and that we remand this case to the trial court for a determination and award of
reasonable attorneys’ fees and costs to Clark W. Brazil, M.D.
It is further ordered that Appellee Mayrita J. Roberts Hillman as Guardian of the Estate
of Jennie M. Stokes, an Incapacitated Person, shall pay all costs of this appeal, for which let
execution issue.
SECOND DISTRICT COURT OF APPEALS
By /s/ Bill Meier
Justice Bill Meier