Woody K. Lesikar Special Trust and Woodrow V. Lesikar Family Trust, through their Trustee, Woody K. Lesikar, and the Estate of Woodrow V. Lesikar, Deceased, through its Executor, Woody K. Lesikar v. C

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Laws-info.com » Cases » Texas » 14th District Court of Appeals » 2011 » Woody K. Lesikar Special Trust and Woodrow V. Lesikar Family Trust, through their Trustee, Woody K. Lesikar, and the Estate of Woodrow V. Lesikar, Deceased, through its Executor, Woody K. Lesikar v. C

State: Texas

Court: Texas Northern District Court

Docket No: 14-10-00119-CV

Case Date: 08/09/2011

Plaintiff: Woody K. Lesikar Special Trust and Woodrow

Defendant: Lesikar Family Trust, through their Trustee, Woody K. Lesikar, and the Estate of Woodrow V. Lesikar

Preview:Affirmed as Modified and Memorandum Opinion filed August 9, 2011.

In The

Fourteenth Court of Appeals
NO. 14-10-00119-CV WOODY K. LESIKAR SPECIAL TRUST AND WOODROW V. LESIKAR FAMILY TRUST, THROUGH THEIR TRUSTEE, WOODY K. LESIKAR, AND THE ESTATE OF WOODROW V. LESIKAR, DECEASED, THROUGH ITS EXECUTOR, WOODY K. LESIKAR, Appellants V. CAROLYN ANN LESIKAR MOON, INDIVIDUALLY AND AS NAMED TRUSTEE OF THE CAROLYN ANN LESIKAR MOON SPECIAL TRUST, Appellee On Appeal from the 149th District Court Brazoria County, Texas Trial Court Cause No. 25560

MEMORANDUM

OPINION

The Woody K. Lesikar Special Trust and Woodrow V. Lesikar Family Trust, through their trustee, Woody K. Lesikar, and the estate of Woodrow V. Lesikar, deceased, through its executor, Woody K. Lesikar, appeal the trial court's turnover order in favor of Carolyn Ann Lesikar Moon, individually and as named trustee of the Carolyn Ann Lesikar Moon Special Trust. We modify the trial court's turnover order and affirm

the turnover order as modified. BACKGROUND Woody K. Lesikar and Carolyn Ann Lesikar Moon are the children of Woodrow V. Lesikar.1 Woodrow Lesikar established the Woodrow V. Lesikar Family Trust in 1990 and named himself and his son Woody as co-trustees. The Family Trust provided that upon Woodrow Lesikar's death, certain trust assets would be divided equally between Woody and Carolyn and placed into a special trust for each of them; Woody was to be the trustee of his special trust, and Carolyn was to be the trustee of her special trust. When Woodrow Lesikar died in 2001, the Family Trust became irrevocable and Woody became the sole trustee of the Family Trust. I. Brazoria County Litigation Carolyn sued Woody in 2003 in Brazoria County seeking, among other things, to compel Woody to fund and relinquish control of her special trust.2 Carolyn alleged claims against Woody for breach of fiduciary duty, conversion, negligence, civil conspiracy, and tortious interference with inheritance. Woody argued that because, in his belief, Carolyn is unable to manage her share of the Family Trust assets, he, in his unfettered discretion, could choose not to fund her special trust. See Lesikar v. Moon, 237 S.W.3d 361, 365 (Tex. App.--Houston [14th Dist.] 2007, pet. denied). The trial court signed a final judgment in favor of Carolyn on September 13, 2005. The September 2005 final judgment specified which Family Trust assets were to be distributed to Woody's and Carolyn's special trusts, and which were to remain in the Family Trust for distribution to other beneficiaries. The judgment distributed several
We recite these and the following facts from this court's opinion in the prior appeal taken in this case. See Lesikar v. Moon, 237 S.W.3d 361 (Tex. App.--Houston [14th Dist.] 2007, pet. denied).
1

Carolyn, who acted in her individual capacity and in her capacity as trustee of her special trust, sued Woody in his individual capacity and in his capacities as trustee of the Family Trust, trustee of his special trust, and executor of his father's estate. Woody, in his individual capacity, is no longer party to the litigation that led to the present appeal. We refer to the parties to this appeal generally as Woody and Carolyn throughout; except where noted, the distinctions between the various capacities of Carolyn and Woody are not material to our resolution of the issues on appeal.

2

2

pieces of real property to Carolyn's special trust and awarded attorney's fees to Carolyn. The final judgment also provided that upon the death of Woodrow Lesikar's wife, Margie Lesikar, additional trust assets would be distributed equally between Woody's and Carolyn's special trusts. Woody sought to supersede the September 2005 final judgment pending appeal. On November 21, 2005, the trial court signed an order fixing the amount and conditions of Woody's supersedeas bond; the order also provided: IT IS FURTHER ORDERED that none of the property specified in the Final Judgment to be distributed to [Carolyn's special trust] shall be disposed of or encumbered in any manner to obtain the amount needed to satisfy this supersedeas requirement. Margie Lesikar died during the pendency of the appeal, which triggered the distribution of additional trust funds to Woody's and Carolyn's special trusts under the September 2005 final judgment. The trial court signed an order modifying the amount of the supersedeas bond; the parties do not dispute that the bond was increased to secure these additional funds. The order also provided: As a further condition of continuing to suspend enforcement of the judgment entered in this appeal, Defendant is prevented from selling, encumbering, or otherwise depleting Plaintiff's portion of the trusts' assets for Defendant's attorney's fees. On appeal, this court reversed and remanded as to the amount of Carolyn's reasonable and necessary attorney's fees but affirmed the trial court's September 2005 final judgment in all other respects. See id. at 378

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