Nonrecognized Texas Cherokee Tribe Wins $1.3 Million Judgment against Former Attorney

Here is the opinion in Hernandez v. Sovereign Cherokee Nation Tejas (Tex. App. — Dallas).

From the opinion:

Appellee Sovereign Cherokee Nation Tejas (SCNT) sued appellant Frank P. Hernandez alleging fraud, breach of fiduciary duty, and other claims. The trial court struck Hernandez’s pleadings as a discovery sanction, and the case was submitted to a jury to determine damages. The jury answered questions awarding actual and exemplary damages to SCNT, and the trial court entered judgment for SCNT. Hernandez appeals, alleging the sanctions were an abuse of the trial court’s discretion. Hernandez also alleges there was no evidence or insufficient evidence to support the jury’s findings. For the reasons set forth below, we suggest a remittitur of actual and exemplary damages. In all other respects we affirm the trial court’s judgment.

This entry was posted in Author: Matthew L.M. Fletcher, Research and tagged , . Bookmark the permalink.

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