Fullerton et al v. Eichenlaub et al

Filing 98

MEMORANDUM OPINION ORDER & JUDGMENT: (1) Respondent has moved for summary judgment against Petitioner/Counter-Defendant for misappropriation of $547,829.37; breach of fiduciary duties as Trustee of Arthur L. Fullerton Revocable Living Trust, as attorney-in-fact for Arthur L. Fullerton during his life and Executrix of his Estate; tortious interference with an inheritance and punitive damages; (2) Petitioner having failed to offer any affirmative evidence affidavits or other sufficient respon se to the Motion, the Court hereby ORDERS and FINDS that there is no genuine issue as to any material fact, including the material facts as set forth in Respondent's Statement of Facts; (3) The misappropriation of assets and corresponding transa ctions perpetrated by Petitioner described and set forth in Respondent's Motion 62 and Supporting Memorandum are hereby CANCELLED and deemed NULL and VOID for reasons herein; (4) Tricia's misappropriation also constitutes breach of her fi duciary duties owed as attorney-in-fact for Arthur, as Trustee of Arthur's Trust, and as Executrix of Arthur's Estate as well as tortious interference with an inheritance, for which Respondent is awarded COMPENSATORY DAMAGES in the amount o f $567,829.37; (5) the outrageous actions of Petitioner/Counter-Defendant Tricia M. Fullerton-Eichenlaub also warrant punitive damages; PUNITIVE DAMAGES are awarded in the amount of $1,371,551.62; (6) Tricia has also breached her duty to pr ovide accountings for the Trusts of Arthur L. and Dottie Fullerton, as well as an accounting for her actions as Attorney-in-fact for Arthur, and Tricia is hereby compelled to provide full accountings w/n the same 30 days from date of this Order; (7) Respondent shall also recover pre-judgment interest as set out herein; (8) Respondent shall recover costs, which shall be included in a bill of costs; (9) this matter is STRICKEN from the active docket of the Court; (10) the Court will retain jurisdi ction over this matter for the purpose of enforcing the settlement agreement between the parties, if necessary, and for all other purposes. This Order is FINAL and APPEALABLE. Signed by Judge Henry R. Wilhoit, Jr on 1/19/11.(KSS)cc: COR, Pro Se Petitioner