Aiken v. Hancock

This appeal arises from a deceptive trade practices, breach of fiduciary duty and equitable fee forfeiture case brought by Appellant Douglas Aiken against his former attorneys, Appellees Patrick Hancock and Mark Ferguson. On December 4, 2000, Aiken filed suit against Hancock and Ferguson, alleging several causes of action, including DTPA violations, breach of fiduciary duty, breach of contract, negligence, and gross negligence. Ferguson filed a motion for summary judgment which was partially granted by the trial court, dismissing Aikens breach of contract claims. Ferguson then filed his first amended motion for summary judgment under both Texas Rule of Civil Procedure 166a(c) and 166a(i). This motion was granted, as well. Aiken now appeals from the trial courts decision, citing six reasons why Fergusons second motion for summary judgment should not have been granted.