# Cotten v. Weatherford Bancshares, Inc.

> Court of Appeals of Texas · March 2, 2006 · 187 S.W.3d 687

URL: https://www.frixlaw.com/law-library/cases/9717543

## Case

- **Full name:** James M. COTTEN and Weatherford Bancshares, Inc., Appellants, v. WEATHERFORD BANCSHARES, INC., Joe E. Sharp, and Zan Sharp Statham and James M. Cotten, Appellees
- **Court:** Court of Appeals of Texas
- **Decided:** March 2, 2006
- **Citations:** 187 S.W.3d 687; 2006 WL 300624
- **Precedential status:** Published
- **Opinion:** Concurring in part by Cayce
- **Judges:** Panela, Cayce, Dauphinot, Boyd
- **Cited by:** 153 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Disapproved on other grounds by Lee C. Ritchie v. Ann Caldwell Rupe, as Trustee for the Dallas Gordon Rupe, III 1995 Family Trust, 57 Tex. Sup. Ct. J. 771 (2014).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9717543

## How later opinions describe it (automated extraction)

- holding that the trial court did not err by granting a motion for directed verdict on the plaintiff‘s breach of fiduciary duty claim because there was no evidence that the defendants owed any fiduciary duties
- holding that no informal fiduciary relationship existed when plaintiff did not prove confidential relationship prior to and apart from contract giving rise to his lawsuit
- holding that party asserting affirmative defense must request findings in support thereof to avoid waiver

## Opinion text

CAYCE, C.J.
concurs in part and dissents in part without opinion. He would affirm the trial court's judgment in its entirety.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9717543. Public record. Not legal advice.