ELENE B. GLASSMAN, Appellant
MERYL B. GOODFRIEND, Appellee
Appeal from Probate Court No. 1 Harris County, Texas Trial
Court Cause No. 350750.
consists of Justices Christopher, Jamison, and Donovan.
appellant Elene B. Glassman's second untimely attempt to
appeal the judgment rendered against her for breach of
fiduciary duty. Five years after the trial court rendered the
final judgment at issue, Glassman collaterally attacked the
judgment on the ground that the trial court lacked
jurisdiction to render it, and thus, the judgment was void.
In an en banc decision, we held that the record established
that the trial court did have jurisdiction, and we sanctioned
her for bringing a frivolous appeal. See Glassman v.
Goodfriend, 347 S.W.3d 772 (Tex. App.- Houston [14th
Dist.] 2011, pet. denied) (op. on reh'g en banc)
("Glassman I"). We denied her motion for
rehearing, and the Texas Supreme Court denied both her
petition for review and her motion for rehearing of her
petition for review.
five years has passed, and Glassman has again come before us,
arguing that our earlier decision was wrong. Appellee Meryl
B. Goodfriend asks us to sanction Glassman for bringing a
frivolous appeal and to reverse the trial court's denial
of Goodfriend's motion to declare Glassman a vexatious
affirm the trial court's judgment. Although we lack
jurisdiction to review the trial court's refusal to
declare Goodfriend a vexatious litigant, we grant
Goodfriend's request for sanctions against Glassman for
bringing a frivolous appeal.
summarize the earlier background of this case as drawn from
The Underlying 2006 Judgment
the death of their last-surviving parent, sisters Glassman
and Goodfriend were to receive the remainder of their
parents' inter vivos trust. Id. at 775. Glassman
failed to fulfill her duty as trustee, and Goodfriend filed
suit against Glassman in Harris County Probate Court No. 1 to
compel Glassman to render a final accounting and distribute
the trust's assets. See id. Glassman still
refused to do so, even after being sanctioned and confined
for contempt. See id. at 775-76. The trial court
removed Glassman as trustee, terminated the trust, and
appointed a successor trustee to wind up the trust.
Id. at 776. Goodfriend's claims against Glassman
for breach of fiduciary duty, including malfeasance and
defalcation, were tried without a jury; Glassman did not
27, 2006, the trial court signed a final judgment awarding
Goodfriend nearly $308, 000 in actual damages and $50, 000 in
exemplary damages, together with attorney's fees and
interest, and denying all relief on Glassman's
counterclaims. See id. at 776-77. The trial court
also ordered Glassman to relinquish to Goodfriend all trust
property. Id. at 777. Glassman did not timely appeal
the judgment. See id. at 777, 778, 783. After a
final accounting, the trust closed in 2007. See id.
Glassman's First Collateral Attack on the Underlying
collect the judgment, Goodfriend instituted a garnishment
proceeding, which was filed in Harris County Probate Court
No. 1 under a separate cause number. See id. at 777.
In 2009, the trial court signed a final garnishment order.
appeal of the garnishment order, Glassman collaterally
attacked the underlying 2006 judgment. According to Glassman,
Harris County Probate Court No. 1 lacked jurisdiction to
render the 2006 judgment, and thus, the judgment was void.
See id. at 778. She additionally argued, inter
alia, that the trial ...