On February 24, 2023 a
Motion-Secondary
was filed
involving a dispute between
Winn, Christopher S,
and
Dunaway, Carol Winn,
Tolleson Private Bank,
Winn, David L.,
Winn, Stephen T,
for OTHER (CIVIL)
in the District Court of Dallas County.
Preview
CAUSE NO. DC-23-02606
§§§§§§§§§§§§§§§§§§§§§§§
CHRISTOPHER S. WINN, ACTING IN THE DISTRICT COURT OF
INDIVIDUALLY AS THE PRIMARY
BENEFICIARY OF THE SEREN CAPITAL
CHRISTOPHER S. WINN 1998 DYNASTY
TRUST AND ACTING DERIVATIVELY ON
BEHALF OF THE TRUSTEE OF SUCH TRUST,
Plaintiff,
DALLAS COUNTY, TEXAS
vs.
TOLLESON PRIVATE BANK, ACTING
INDIVIDUALLY AND AS A CO-TRUSTEE OF
SUCH TRUST, and STEPHEN T. WINN,
ACTING INDIVIDUALLY AND AS TRUSTEE
OF THE SEREN CAPITAL CHRISTOPHER S.
WINN 1998 DYNASTY TRUST,
Defendants,
VS.
DAVID L. WINN AND CAROL WINN
DUNAWAY 298T” JUDICIAL DISTRICT
Nominal Defendants.
ORDER GRANTING PLAINTIFF’S FIRST AMENDED MOTION TO COMPEL
On the 2nd day ofJune, 2023, the Court considered CHRISTOPHER S. WINN’s
(Plaintiff’s) First Amended Motion to Compe/ Compliance With Common Law
Information Demand, z‘o Compe/ Examination of the Books and Records of the 7.9.98
Dynasty Trust and to Compe/ Annual Reports. Having considered the motion,
argument of counsel, and the Court’s file, the Court rules as follows:
The Court FINDS that Tolleson Private Bank breached its fiduciary duty to
disclose information to Plaintiff, consequently:
It is therefore ORDERED that Tolleson Private Bank produce all of the
information and documents requested by Plaintiff in his March 6 Common Law
Request for Information on or before 5:00 p.m. on the day of June 2023 at
the offices of Jeff Tillotson.
The Court further FINDS that Tolleson Private Bank breached its statutory
fiduciary duty to administer the 1998 Dynasty Trust, according to its terms,
consequently:
It is further ORDERED that Tolleson Private Bank allow Plaintiff, or his
attorney’s acting on his behalf, to examine, copy and bates stamp all of the books
and records of the 1998 Dynasty Trust on or before the day of June 2023 at
the offices of Tolleson Private Bank.
SIGNED on the day of June, 2023.
Hon. Emily Tobolowsky
Presiding Judge
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Kiara Dial on behalf of Steve Skarnulis
Bar No. 24041924
kdial@cstrial.com
Envelope ID: 76302362
Filing Code Description: Non-Signed Proposed Order/Judgment
Filing Description: PROPOSED ORDER GRANTING 1ST AMENDED
MOTION TO COMPEL
Status as of 6/6/2023 10:00 AM CST
Associated Case Party: CHRISTOPHERSWINN
Name BarNumber Email TimestampSubmitted Status
Notifications Email notifications@cstrial.com 6/5/2023 4:13:03 PM SENT
Debra JCorbell debra@ikardlaw.com 6/5/2023 4:13:03 PM SENT
Kiara Dial kdial@cstrial.com 6/5/2023 4:13:03 PM SENT
Alan Loewinsohn aloewinsohn@mckoolsmith.com 6/5/2023 4:13:03 PM SENT
Jennifer Barall jbarall@mckoolsmith.com 6/5/2023 4:13:03 PM SENT
Carson Young cyoung@mckoolsmith.com 6/5/2023 4:13:03 PM SENT
Frank N. lkard fni@ikardlaw.com 6/5/2023 4:13:03 PM SENT
Steve Skarnulis skarnulis@cstrial.com 6/5/2023 4:13:03 PM SENT
Benjamin D.Evans bevans@cstrial.com 6/5/2023 4:13:03 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Jeffrey MTillotson jtillotson@tillotsonlaw.com 6/5/2023 4:13:03 PM SENT
Joseph Alrrobali airrobali@tillotsonlaw.com 6/5/2023 4:13:03 PM SENT
Kira Lytle klytle@til|otson|aw.com 6/5/2023 4:13:03 PM SENT
Lauren Lopez llopez@tillotsonlaw.com 6/5/2023 4:13:03 PM SENT
TJP Service tillotsonjohnsonpatton@gmail.com 6/5/2023 4:13:03 PM SENT
Associated Case Party: TOLLESON PRIVATE BANK
Name BarNumber Email TimestampSubmitted Status
Jeffrey M. Tillotson 20039200 jtillotson@tillotsonlaw.com 6/5/2023 4:13:03 PM SENT
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Kiara Dial on behalf of Steve Skarnulis
Bar No. 24041924
kdial@cstrial.com
Envelope ID: 76302362
Filing Code Description: Non-Signed Proposed Order/Judgment
Filing Description: PROPOSED ORDER GRANTING 1ST AMENDED
MOTION TO COMPEL
Status as of 6/6/2023 10:00 AM CST
Associated Case Party: STEPHENTWINN
Name BarNumber Email TimestampSubmitted Status
Will Hartnett will@hartnettlawfirm.com 6/5/2023 4:13:03 PM SENT
Jay Hartnett jay@hartnettlawfirm.com 6/5/2023 4:13:03 PM SENT
Jim Hartnett, Jr. jim@hartnettlawfirm.com 6/5/2023 4:13:03 PM SENT
Associated Case Party: DAVIDL.W|NN
Name BarNumber Email TimestampSubmitted Status
Jeffrey ECook jcook@sullivancook.com 6/5/2023 4:13:03 PM SENT
Tiffany Castenada tcastenada@sullivancook.com 6/5/2023 4:13:03 PM SENT
Associated Case Party: CAROLWINNDUNAWAY
Name BarNumber Email TimestampSubmitted Status
Adam Barela abarela@sullivancook.com 6/5/2023 4:13:03 PM SENT
Kim Jones kjones@sullivancook.com 6/5/2023 4:13:03 PM SENT
Document Filed Date
June 05, 2023
Case Filing Date
February 24, 2023
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Preview
CAUSE NO. DC-23-02606 §§§§§§§§§§§§§§§§§§§§§§§ CHRISTOPHER S. WINN, ACTING IN THE DISTRICT COURT OF INDIVIDUALLY AS THE PRIMARY BENEFICIARY OF THE SEREN CAPITAL CHRISTOPHER S. WINN 1998 DYNASTY TRUST AND ACTING DERIVATIVELY ON BEHALF OF THE TRUSTEE OF SUCH TRUST, Plaintiff, DALLAS COUNTY, TEXAS vs. TOLLESON PRIVATE BANK, ACTING INDIVIDUALLY AND AS A CO-TRUSTEE OF SUCH TRUST, and STEPHEN T. WINN, ACTING INDIVIDUALLY AND AS TRUSTEE OF THE SEREN CAPITAL CHRISTOPHER S. WINN 1998 DYNASTY TRUST, Defendants, VS. DAVID L. WINN AND CAROL WINN DUNAWAY 298T” JUDICIAL DISTRICT Nominal Defendants. ORDER GRANTING PLAINTIFF’S FIRST AMENDED MOTION TO COMPEL On the 2nd day ofJune, 2023, the Court considered CHRISTOPHER S. WINN’s (Plaintiff’s) First Amended Motion to Compe/ Compliance With Common Law Information Demand, z‘o Compe/ Examination of the Books and Records of the 7.9.98 Dynasty Trust and to Compe/ Annual Reports. Having considered the motion, argument of counsel, and the Court’s file, the Court rules as follows: The Court FINDS that Tolleson Private Bank breached its fiduciary duty to disclose information to Plaintiff, consequently: It is therefore ORDERED that Tolleson Private Bank produce all of the information and documents requested by Plaintiff in his March 6 Common Law Request for Information on or before 5:00 p.m. on the day of June 2023 at the offices of Jeff Tillotson. The Court further FINDS that Tolleson Private Bank breached its statutory fiduciary duty to administer the 1998 Dynasty Trust, according to its terms, consequently: It is further ORDERED that Tolleson Private Bank allow Plaintiff, or his attorney’s acting on his behalf, to examine, copy and bates stamp all of the books and records of the 1998 Dynasty Trust on or before the day of June 2023 at the offices of Tolleson Private Bank. SIGNED on the day of June, 2023. Hon. Emily Tobolowsky Presiding Judge Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Kiara Dial on behalf of Steve Skarnulis Bar No. 24041924 kdial@cstrial.com Envelope ID: 76302362 Filing Code Description: Non-Signed Proposed Order/Judgment Filing Description: PROPOSED ORDER GRANTING 1ST AMENDED MOTION TO COMPEL Status as of 6/6/2023 10:00 AM CST Associated Case Party: CHRISTOPHERSWINN Name BarNumber Email TimestampSubmitted Status Notifications Email notifications@cstrial.com 6/5/2023 4:13:03 PM SENT Debra JCorbell debra@ikardlaw.com 6/5/2023 4:13:03 PM SENT Kiara Dial kdial@cstrial.com 6/5/2023 4:13:03 PM SENT Alan Loewinsohn aloewinsohn@mckoolsmith.com 6/5/2023 4:13:03 PM SENT Jennifer Barall jbarall@mckoolsmith.com 6/5/2023 4:13:03 PM SENT Carson Young cyoung@mckoolsmith.com 6/5/2023 4:13:03 PM SENT Frank N. lkard fni@ikardlaw.com 6/5/2023 4:13:03 PM SENT Steve Skarnulis skarnulis@cstrial.com 6/5/2023 4:13:03 PM SENT Benjamin D.Evans bevans@cstrial.com 6/5/2023 4:13:03 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Jeffrey MTillotson jtillotson@tillotsonlaw.com 6/5/2023 4:13:03 PM SENT Joseph Alrrobali airrobali@tillotsonlaw.com 6/5/2023 4:13:03 PM SENT Kira Lytle klytle@til|otson|aw.com 6/5/2023 4:13:03 PM SENT Lauren Lopez llopez@tillotsonlaw.com 6/5/2023 4:13:03 PM SENT TJP Service tillotsonjohnsonpatton@gmail.com 6/5/2023 4:13:03 PM SENT Associated Case Party: TOLLESON PRIVATE BANK Name BarNumber Email TimestampSubmitted Status Jeffrey M. Tillotson 20039200 jtillotson@tillotsonlaw.com 6/5/2023 4:13:03 PM SENT Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Kiara Dial on behalf of Steve Skarnulis Bar No. 24041924 kdial@cstrial.com Envelope ID: 76302362 Filing Code Description: Non-Signed Proposed Order/Judgment Filing Description: PROPOSED ORDER GRANTING 1ST AMENDED MOTION TO COMPEL Status as of 6/6/2023 10:00 AM CST Associated Case Party: STEPHENTWINN Name BarNumber Email TimestampSubmitted Status Will Hartnett will@hartnettlawfirm.com 6/5/2023 4:13:03 PM SENT Jay Hartnett jay@hartnettlawfirm.com 6/5/2023 4:13:03 PM SENT Jim Hartnett, Jr. jim@hartnettlawfirm.com 6/5/2023 4:13:03 PM SENT Associated Case Party: DAVIDL.W|NN Name BarNumber Email TimestampSubmitted Status Jeffrey ECook jcook@sullivancook.com 6/5/2023 4:13:03 PM SENT Tiffany Castenada tcastenada@sullivancook.com 6/5/2023 4:13:03 PM SENT Associated Case Party: CAROLWINNDUNAWAY Name BarNumber Email TimestampSubmitted Status Adam Barela abarela@sullivancook.com 6/5/2023 4:13:03 PM SENT Kim Jones kjones@sullivancook.com 6/5/2023 4:13:03 PM SENT