Categories . Defendants are arguing that Plaintiffs lacked constitutional standing when they commenced this action. 2015, no pet.) 2018-08-15-Applicant's Motion to Exclude Trial Exhibits of AGHIll, III.pdf, Applicant's Objection to Albert G. Hill, III Contesting the Decedent's Will.pdf, 2018-08-14- Response to Motion for Certification of Order-Severance for Interlocutory Appeal.pdf, Hill III Resp Emerg Application to FileTaxReturn.pdf, 2018-02-23 - Hearing Confirmation (Hill Estate).pdf, 2022-08-12 Notice of Address Change - Estate of Albert G. Hill.pdf, Cases involving other probate matters not classified elsewhere, Financial info for LIPPE, EMIL, Jr : PAYMENT (CASE FEES); Receipt # PR-2021-00574; LIPPE, EMIL $24.00, Financial info for LIPPE, EMIL, Jr : Transaction Assessment; ; $24.00, Financial: LIPPE, EMIL, Jr ; Total Financial Assessment $24.00 ; Total Payments and Credits $24.00, POSTED NOTICE; Served: 12/11/2017; Anticipated Server: CONSTABLE 1; Anticipated Method: CONSTABLE; Actual Server: CONSTABLE 1; Returned: 12/12/2017; Comment: RTN: 12/12/17, WILL; Comment: ORIGINAL WILL DATED: 12-20-14 DOD: 12-2-17 AGE: 72, ISSUE POSTED NOTICES; Comment: COURT RTN: 12/25/2017, Financial info for MILLER, TYREE B. : CREDIT CARD - TEXFILE (CC); Receipt # PR-2017-23318; MILLER, TYREE B. She requests that the court, in considering her motion, take judicial notice of documents from the 2020 Action and the other underlying settled litigation. Id. ' Funk, 631 F.3d at 783 (quoting Norris, 500 F.3d at 461 n.9) (citation omitted); see also Cinel, 15 F.3d at 1341, 1343 n.6 (court may consider matters of public record, including a consent judgment, in deciding a Rule 12(b)(6) motion). $266.00, FinancialFinancial info for MILLER, TYREE B. : Transaction Assessment; ; $266.00, FinancialFinancial: MILLER, TYREE B. ; Total Financial Assessment $590.00 ; Total Payments and Credits $590.00, DocketAPPLICATION; Comment: APPLICATION FOR PROBATE OF WILL AND ISSUANCE OF LETTERS TESTAMENTARY, Dallas County Texas Courts | Probate | on the assumption that all the allegations in the complaint are true (even if doubtful in fact). Id. 21), and denies Plaintiffs' Motion to Strike (Doc. 1997) (en banc). We know that Albert Galatyn Hill Jr had been residing in Dallas County, Texas. . First, given the unique procedural history of this matter, which concluded in 2010 when Judge O'Connor issued the Final Judgment, the court can only conclude that Plaintiffs are proceeding in bad faith and allowing further amendment would be unduly prejudicial to Defendants, who have had to respond to these same contentions in multiple fora over a period of several years. In the GSA, and as confirmed by the Final Judgment, Hill III covenanted not to reassert any released claims against Lyda Hill. Compl., Doc. 21. albert galatyn hill iii. 2022-09-27. 2020-01-27, Dallas County District Courts | Other | 21), filed March 3, 2021; and Plaintiffs' Combined Response and Motion to Strike All Defendants' Motions to Dismiss (Plaintiffs' Motion to Strike) (Doc. This lawsuit, filed by Albert G. Hill, III (Hill III) and Erin Nance Hill (Erin Hill) (collectively, Plaintiffs) on December 20, 2020, involves, once again, a dispute relating to two trusts formed by Haroldson Lafayette (H.L.) Hunt, the late Texas oil baron reputed to be one of the world's richest men when he died in 1974. Hill v. Washburne, 953 F.3d 296, 300 (5th Cir. As the court will not consider any other documents in ruling on the pending Rule 12(b)(6) motions, the court denies Plaintiffs' request that the court convert the pending Rule 12(b)(6) motions to dismiss into summary judgment motions. Things got ugly and. The court also rejects Plaintiffs' request that the court convert the pending Rule 12(b)(6) motions to dismiss into summary judgment motions. App.-Eastland 2010, pet. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team. For the reasons that follow, the court concludes that, in the alternative to dismissing Plaintiffs' claims against her for lack of standing, Plaintiffs are judicially estopped from asserting their claims against Lyda Hill and their claims will be dismissed under Rule 12(b)(6). On December 22, 2017, Hill III entered the probate proceedings, challenging the terms of the will that appointed executors to [the Hill Jr. Squabbling over the trust was supposed to be put to rest with a settlement agreement in 2010. The decision to allow amendment of a party's pleadings is within the sound discretion of the district court. Plaintiffs take issue with Defendants' labelling Hill III as a vexatious litigant and accuse Defendants of seeking to avoid the Court's consideration of the specific claims in the Complaint. Id. Freeze-Related Lease Litigation: The Growing Storm in the Oil Patch, Consequential and Direct Damages in Spotlight Amid Energy Firms' Insurance Spat, 'Choppiness' in Demand Led to 2% Drop in Revenue at Locke Lord in 2022, New Phase of EPA's Renewable Fuel Standard Program: Updated Targets for 2023 - 2025 and New Credit System for EVs, Law.com Editors and Analysts Offer Top Trends to Watch for 2023. 1994)). P. 12(f). 2005). 18), filed March 3, 2021; Motion to Dismiss and Supporting Brief of Defendant Lyda Hill (Doc. Trusts under the Waiver of Standing clause. illustration by Steve BrodnerTom Hunt sits at an executive desk downtown at Hunt Petroleum Corporation, on the 49th floor of Thanksgiving Tower, studying a thick stack of paper that has his lawyer worried. 2020) (citations omitted). The court will also take judicial notice of matters of public record. 2007). LexisNexis and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information. Hill Jr. Erin Nance Miss Georgia and finished second in the 1993 Miss USA pageant. Foman v. Davis, 371 U.S. 178, 182 (1962); Norman v. Apache Corp., 19 F.3d 1017, 1021 (5th Cir. Den Norske Stats Oljeselskap As, 241 F.3d at 424. Don Donnally, Jr. (Donnally), individually and in his capacity as the court appointed trustee for the MHTE-Albert G. Hill, Jr. Trust and the HLHTE-Albert G. Hill, Jr. Trust; Carol E. Irwin (Irwin), in her capacity as Personal Representative and Independent Executor of the Estate of Ivan Irwin, Jr., Deceased; Thomas P. Tatham (Tatham), individually and in his capacity as an advisory board member for the MHTE-Albert G. Hill, Jr. Trust and the HLHTE-Albert G. Hill, Jr. Trust; Heather Hill Washburne (Washburne), individually and as an advisory board member for the MHTE-Albert G. Hill, Jr. Income Beneficiary/Heather Termination Beneficiary Trust; Elisa Hill Summers (Summers), individually and as an advisory board member for the MHTE-Albert G. Hill, Jr. Income Beneficiary/Elisa Termination Beneficiary Trust; and Lyda Hill. On October 2, 2013, the 2020 Action was reassigned to the undersigned following the recusal of Judge O'Connor (who had presided over the matter for approximately sever years), which was followed by the recusals of Judges Lynn, Solis, Godbey, Boyle, Fitzwater, and Kinkeade. There are instances, however, when a dismissal for lack of standing may be with prejudice. Reply 7, Doc. HILL, JR., Albert Galatyn Businessman and philanthropist Al G. Hill Jr., a devoted father and grandfather, died in his sleep Saturday night at his home in Dallas. 1877. They further argue that the issue of whether the dissolution of Hill Jr.'s Trusts was improper is moot. 480, 482-83 (5th Cir. If she desires to seek sanctions or attorney's fees, she should file a formal motion and brief in accordance with Federal Rule of Civil Procedure 54(d)(2). III 3 (MHTE); Exhibit C to Pls.' In their current lawsuit, Plaintiffs, once again, assert the same claims that the court denied without prejudice on July 3, 2018, when it deferred to the Probate Court before which identical claims were pending. turkey stuffed with rice and meat; boil water advisory near me 2021 UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. App.-Houston [14th Dist.] Although the court lacks subject matter jurisdiction over Plaintiffs' claims and dismissals for lack of jurisdiction are ordinarily without prejudice, and in light of this court's ruling, there is no court, state or federal, that has jurisdiction to hear Plaintiffs' claims. As the undersigned previously ruled, Hill III's failure in the Probate Court to disprove the validity of Hill Jr.'s powers of appointment bars him as a matter of law from seeking relief regarding dissolution of the Hill Jr. 26) and Plaintiffs' request that the court convert the pending motions to dismiss into summary judgment motions (Doc. 2004); Baker v. Putnal, 75 F.3d 190, 196 (5th Cir. Among other things, Hill III alleged wrongdoing in the management and administration of the MHTE and HHTE by their respective trustees and violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C 1961, et seq. The firm is active in Real Estate and Private Equity (through Galatyn Private Equity--see profile). Factual Background and Procedural History. The GSA and the Final Judgment also did not grant Hill III or his children any termination interest in Lyda's separate MHTE and HHTE trusts. 2007) (citing Cinel v. Connick, 15 F.3d 1338, 1343 n.6 (5th Cir. The Fifth Circuit affirmed the Final Judgment. The court stated in a memorandum opinion and order issued on December 10, 2018: 2. and Mot. Leave of court to amend should not be allowed for a party to act in bad faith, cause undue delay, or pursue amendments that are futile. Plaintiffs cannot amend to overcome this obstacle. Date Event Type Description Document; 03/21/2017: Reply brief filed: State [ PDF/68 KB ] State Reply Brief [ PDF/85 KB ] Notice: 02/15/2017: 1998). In accordance with Federal Rule of Civil Procedure 58(a), the court will issue a final judgment in favor of Defendants by a separate document. v. National Collegiate Athletic Ass'n, 751 F.3d 368, 378 (5th Cir. In his Will, Hill Jr. exercised his Powers of Appointment over his equitable interests in the Hill Jr. 2001) (citation omitted). Finally, one place to get all the court documents we need. Before turning to the pending motions to dismiss, the court must address Plaintiffs' Motion to Strike and their associated request that the court convert the pending motions to dismiss into motions for summary judgment. Hunt. Dist., 81 F.3d 1395, 1401 (5th Cir. 25, 2022). Trusts were dissolved in 2016, Hill III would never become a current beneficiary and any relief granted that results in money being returned to the Hill Jr. YouTube Encyclopedic. Katherine Jane Preisinger. Based on the foregoing, the court grants Defendants' Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b) (Doc. This case was filed in U.S. Courts Of Appeals, U.S. Court Of Appeals, Eleventh Circuit. See Hill v. Schilling, 495 Fed.Appx. First, Rule 12(d) authorizes conversion of a Rule 12(b)(6) motion to dismiss for failure to state a claim, or a Rule 12(c) motion for judgment on the pleadings, into a motion for summary judgment. Article III, Section 3 of the 1935 Trust Instruments, however, provides a current MHTE and HHTE beneficiary with powers of appointment, as follows: Exhibit B to Pls.' In the Estate of Richard White Burk, Deceased. Albert G Hill, III, individually, and as a Beneficiary of the Margaret Hunt Trust Estate, derivatively on behalf of the Margaret Hunt Trust Estate, individually, As a beneficiary of the Haroldson Lafayette Hunt Jr. Trust Estate, and derivately on Behalf of the Haroldson, Plaintiff, represented by Emil Lippe, Jr. , Law Offices of Lippe & Associates & Diana . Plaintiffs' Motion to Strike and Request to Convert Pending Motions to Dismiss into Motions for Summary Judgment. EVENT; Comment: REQUEST FOR LETTERS, DocketINVENTORY AND APPRAISEMENT REMINDER, DocketNOTICE - APPEARANCE; Comment: NOTICE OF APPEARANCE OF COUNSEL FOR ALBERT G. HILL, III, DocketMOTION - WITHDRAW ATTORNEY; Comment: MOTION TO WITHDRAW AS COUNSEL, DocketPOSTED NOTICE; Served: 12/11/2017; Anticipated Server: CONSTABLE 1; Anticipated Method: CONSTABLE; Actual Server: CONSTABLE 1; Returned: 12/12/2017; Comment: RTN: 12/12/17, DocketWILL; Comment: ORIGINAL WILL DATED: 12-20-14 DOD: 12-2-17 AGE: 72, DocketISSUE POSTED NOTICES; Comment: COURT RTN: 12/25/2017, FinancialFinancial info for MILLER, TYREE B. : CREDIT CARD - TEXFILE (CC); Receipt # PR-2017-23318; MILLER, TYREE B. 2007); Martin K. Eby Constr. Defendants contend that Plaintiffs lack standing to challenge the dissolution of the Hill Jr. The plausibility standard is not akin to a probability requirement,' but it asks for more than a sheer possibility that a defendant has acted unlawfully. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (internal citations omitted). 2004, no pet.). She states: This June 2011 Probate Court order permitted the trustees of Lyda's separate trusts to voluntarily terminate the trusts - It did not order the termination of the trusts at the time as Plaintiffs misleadingly contend. Id. 2011) (quoting Norris v. Hearst Trust, 500 F.3d 454, 461 n.9 (5th Cir. Dismiss 17, Doc. Defendants and Lyda Hill oppose Plaintiffs' request. 1994) (citation omitted). As part of the Final Judgment, the court, incorporating the No. Federal courts are courts of limited jurisdiction and must have statutory or constitutional power to adjudicate a claim. Life Ins. According to his family tree, he married Patricia Ann Hillon August 30, 1966 in Texas. Dallas Petroleum Club Will Move to Hunt Building in January 2023. Defs.' Trusts and the purported termination and dissolution of the Lyda Hill Trusts: Breach of Contract (Count One) (except as to Defendants Donnally and Tatham); Declaratory Relief (Count Two) (against all Defendants); Imposition of a Constructive Trust/Conversion (Count III) (against all Defendants); Tortious Interference with Contract (against Donnally and Tatham only) (Count IV); Breach of Fiduciary Duties and Fee Disgorgement (against Donnally, Irwin, and Tatham) (Count V); Aiding and Abetting Breach of Fiduciary Duties (against Hill Jr., Lyda Hill, Washburne, and Summers) (Count VI); Civil Conspiracy (against all Defendants) (Count VII); Aiding and Abetting (against Hill Jr., Keliher, Miller, Lyda Hill, Washburne, and Summers) (Count VIII); Unjust Enrichment (against Hill Jr., Lyda Hill, Washburne, and Summers) (Count IX); Equitable Reformation (against all Defendants) (Count X); and Exemplary Damages (against all Defendants). The better, and more reasonable, course of action, therefore, is to dismiss these claims with prejudice. (citation omitted). The court views Plaintiffs' Complaint in this action as a not-so-thinly-veiled attempt to circumvent the GSA, the Final Judgment. R. Civ. All Rights Reserved. Both options are priced the same. 18); grants Motion to Dismiss of Defendant Lyda Hill (Doc. DocketNOTICE - CHANGE OF ADDRESS; Comment: NOTICE OF ADDRESS CHANGE OF BOURLAND, WALL & WENZEL, P.C. It is well-established and clearly proper in deciding a 12(b)(6) motion [that a court may] take judicial notice of matters of public record. Although Defendants do not specify, the court concludes this case primarily concerns injury in fact, the [f]irst and foremost of standing's three elements. Moreover, no reasonable person would have contemplated that Hill III related litigation that was settled by the GSA and Final Judgment in 2010 would be occurring almost 12 years later. ; Spivey v. Robertson, 197 F.3d 772, 774 (5th Cir. Sam A. Lindsay, United States District Judge. The court and counsel for Hill III (Ms. Aldous) specifically confirmed on the record to Lyda Hill's counsel (Mr. Ikard) that claims relating to the power of appointment and the words per stirpes giving Plaintiffs any interest in Lyda Hill's HHTE trust were released and would be dismissed with prejudice.