Granddaughter appeals $37K award from trial over home sale proceeds

David Yates Aug. 11, 2011, 10:20am

In March, a Jefferson County jury found in favor of plaintiff Lenora Fawcett, awarding her more than $37,000 in home sale proceeds that had been withheld by her granddaughter.

On July 15 defendant Kimberly Young, Fawcett's granddaughter, filed a notice of appeal, seeking to reverse the jury's ruling and the subsequent judgment entered by the court.

As first reported, Fawcett sued Young last January, claiming Young sold her home without consent and gave her only $6,000 from the $148,000 transaction.

The trial began March 7 and ended the following day, with jurors finding that Young failed to comply with her fiduciary duty to Fawcett.

The jury awarded Fawcett $37,162 in damages, according to the charge of the jury.

"While recovering (from an illness, Fawcett's) belongings were removed from her house without her knowledge or consent and placed in a storage POD," the suit states.

"The real property, along with Plaintiff's house, was sold by Stephen and Kimberly Young. The deed was filed May 13, 2009, and conveyed the property for cash and a note of $148,453."

Bruce Gregory of Gregory Law Firm in Port Neches represents Fawcett.

Houston attorney Robert Price represents the Youngs.

Judge Bob Wortham, 58th District Court, presiding.

Case No. A185-703

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