affirmative defenses to breach of fiduciary duty florida

The elements of waiver include the following: (1) existing right, benefit, or advantage; (2) actual or constructive knowledge of its existence; and (3) an actual intent to relinquish the right inferable from the conduct.

If these facts are credible, they negate your potential liability.

A party may evidence waiver by conduct of such a nature as to mislead the opposite party into an honest belief that the waiver was intended or assented to.

Specifically, [the wifes] summary-judgment evidence that her approval and acceptance of the terms of the settlement were the product of [the husbands] threats and misrepresentations creates fact issues as to the validity of her acceptance of benefits and representations in the documents she signed. The recent opinion in Bongiorno v.Americorp., 40 Fla L. Weekly D760c (Fla. 5 th DCA 2015 .

Lumbermens Mut. Stat. Defenses to Breach of Duty in Texas. Waiver can be established as a matter of law. Insight For Protecting Valuable Trade Secrets, The Advantages of Having a Legal Department for Your Business, members and managers of an LLC (as stated in a, executives and board members of a corporation, personal representatives (i.e., in a probate proceeding). Where one partys tortious conduct has placed the other party in a position of forced conducti.e. Perry Homes v. Cull, 258 S.W.3d 580, 60203 (Tex. See also Herider Farms-El Paso, Inc. v. Criswell,519 S.W.2d 473, 477-78(Tex. App.Houston [1st Dist.] Additionally, quasi estoppel is a defense that prevents a party from obtaining a benefit by asserting a right to the disadvantage of another that is inconsistent with the partys previous position. ); Breaux v. Allied Bank, 699 S.W.2d 599, 604 (Tex. Improvement Assn., 23 S.W.3d 398, 403 (Tex. 07-17-00457-CV, 2019 Tex. Van Indep.

Under chapter 95 there is a four-year statute of limitations for a claim of breach of fiduciary duty.

Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Co. v. Ed Bell Invs., 864 S.W.2d 211, 215 (Tex. LEXIS 1665 (Tex.

A breach of contract occurs when one or more parties don't fulfill a written or oral agreement.

Civ. App.Dallas 1984, no writ).

Is breach of fiduciary duty an equitable claim?

A sister filed a breach of fiduciary duty claim based on this failed investment. App.Eastland 1963, no writ).

05-07-00079-CV, 2008 Tex. An affirmative showing of the principal's intent to ratify the act in question is required." Frankenmuth Mut. Laches may bar an action where the plaintiff acquiesces in the way and manner a trust is handled for many years. Defendants 24. Fort Worth 2011, no pet.). App.Tyler 1993, no writ).

Curtis v. Pipelife Corp., 370 S.W.2d 764, 768 (Tex. Beneficiaries may argue that the trustee did not prove all of the elements if the equitable defenses set forth above. Civ.

App.Amarillo 1968, writ refd n.r.e.).

Civ. Stimpson v. Plano ISD, 743 S.W.2d 944, 946 (Tex.

denied). App.Dallas 2012, pet.

Daniel v. Goesl, 161 Tex. Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. A. Beneficiaries may argue that they were compelled to accept the trustees improper conduct and that their acceptance was not voluntary.

If an injured party can establish these elements, they may be able to recover monetary damages (compensation).

1987).

Ratification occurs when a person who knows all the material facts confirms or adopts a prior act that did not then legally bind him and which he could have repudiated.

Affirmative Defenses Under Florida Law "An affirmative defense is a defense which admits the cause of action [asserted in the plaintiff's complaint], but avoids liability, in whole or in part, by alleging an excuse, justification, or other matter negating or limiting liability."

Was the conduct permitted by the will or trust, and Florida law. Nursing Homes Brace for Reforms and Heightened Government Scrutiny. denied). The trial court granted a temporary restraining order.

Champlin Oil & Refining Co. v. Chastain, 403 S.W.2d 376 (Tex. The Anti-Money Laundering Act of 2020 Gets a Glow Up: Congress FINRA Files Amendments to Proposed Rule Change That Will Allow Remote Corporate Practice of Medicine Doctrine: Increased Enforcement on the Environmental Justice Update: EPA Announces $100 Million in EJ Grants Insurers Beware of Silent Crypto Exposure: PART III, Silent Crypto Court Rules that Brown Bread is Not Misleading, Whats Next in Washington?

App.Houston [1st Dist.] With relationships formalized via contract or other legal writing, the most common defense may be showing that the fiduciary had the authority to take certain action under the terms. Call to schedule a consultation (214) 361-6740.

Sandi Samms v. Autumn Run Cmty. The clean-hands doctrine is [t]he principle that a party cannot seek equitable relief or assert an equitable defense if that party had violated an equitable principle, such as good faith. Beneficiaries may argue that the trustee has acted with unclean hands and therefore may not take advantage of equitable defenses.

Typically, the breaches arise from corporate transactions in which the corporate executives are conflicted or have acted in bad faith, exploiting the corporation and harming the companys shareholders. 2d at 212 (The matters raised by Gatts affirmative defense simply denied the facts contained in the brokers complaint and did not raise any new matters to defeat the complaint. Co. v. State, 1 S.W.3d 264, 266 (Tex. The project failed, and the trusts lost the $2.1 million. Acts which, although in affirmance of the contract, do not indicate any intention to waive the fraud, cannot be held to operate as a waiver. Laches may bar an action where the plaintiff acquiesces in the way and manner a trust is handled for many years. Real Estate Broker Breached Duty by Making False Affirmative Statements Therefore, Deborahs claims for breach of fiduciary duty are barred by the affirmative defense of quasi-estoppel. There are very few hard-and-fast rules in fiduciary litigation, and there is a lot of gray area. The first is maintaining a duty of care with respect to the fiduciary's position. Waiver can be established as a matter of law.

1991, no writ). denied) (estoppel);Texas Workers Compensation Ins. 2002, orig. at 350-51. denied).

Beneficiaries should not generally be allowed to lay behind the log, have knowledge of a trustees conduct, not object to such conduct for a period of time, and then later complain in litigation of that conduct. Statement By Secretary Walsh On the Telecommunications Workforce EPA Announces Appointments to Local Government Advisory Committee.

These elements are the fiduciary relationship, the breach of the fiduciary duty, and the damages caused. . denied).

The elements of equitable estoppel are: (1)a false representation or concealment of material facts, (2)made with the knowledge, actual or constructive, of those facts, (3)to a party without knowledge, or the means of knowledge, of those facts, (4)with the intention that it should be acted on, and (5) the party to whom it was made must have relied or acted on it to his prejudice. App.Austin 1995, no writ) (estoppel);Pickett v. Heygood, Orr & Reyes, L.L.P., No. The clean-hands doctrine is [t]he principle that a party cannot seek equitable relief or assert an equitable defense if that party had violated an equitable principle, such as good faith. David is the primary authorof theTexas Fiduciary Litigatorblog, which reports on legal cases and issues impacting the fiduciary field in Texas. 05-07-00079-CV, 2008 Tex.

(citingLoggins v. Gates, 301 S.W.2d 525, 527 (Tex. After a bench trial, the court rendered judgment approving the trust accounting, approving the trustees administration, and holding that the trustee, individually and in his capacity of trustee, was completely discharged and relieved of all duties and was fully and completely released and discharged from any and all claims, duties, causes of action or liabilities (including taxes of any kind) relating to any and all actions or omissions in connection with his administration of the DPH Trust.Id. There has been a breach of a fiduciary duty, and The breach has caused damages. Many fiduciary relationships (such as the examples listed above) are expressly written in various agreements and legal document. App.Texarkana 1992, writ denied). Click the icon above to call Gulisano Law now for a free consultation. . Accord and satisfaction can apply to torts as well as breach of contract claims. Vessels v. Anschutz Corp., 823 S.W.2d 762 (Tex. High level speaking, the Business Judgment Rule (a legal doctrine) requires that corporate executives exercise their due diligence by being informed of the material facts regarding the corporation transactions when making business decisions affecting the corporation; act in good faith; and act in the best interest of the corporaiton.

Equitable defenses are appropriate for breach of fiduciary duty claims as fiduciary relationships originate in equity. 2d 503, 504 (Fla. 4th DCA 2003) (affirmative defenses are waived if not pled); Goldberger v. Regency Highland Condo. A breach can also have legal claims seeking recovery of financial losses to make the plaintiff whole.. );Breaux v. Allied Bank, 699 S.W.2d 599, 604 (Tex.

With relationships formalized via contract or other legal writing, the most common defense may be showing that the fiduciary had the authority to take certain action under the terms. 2000, pet.

In re Marriage Stroud,376 S.W.3d 346, 356-57 (Tex. (jw) Download PDF Search this Case Google Scholar Google Books Legal Blogs 412, 252 S.W.2d 929 (1952). Van Indep.

In New York, depending on the remedies that a plaintiff seeks in a breach of fiduciary duty claim, a plaintiff must bring the claim within three years of discovering the breach if the plaintiffs relief is monetary; six years if the relief is an equitable. In order to prove the intent required for ratification, a party must show that the opposing party, after obtaining knowledge of the facts of the transaction, either (1)continued to accept benefits under the transaction or (2)conducted himself so as to recognize the transaction as binding.

419, 420-421). 149, 135 S.W. Ins. SECURE 2.0 Series Part 3: Retirement Plan Required Minimum Court Affirmed Summary Judgment For A Financial Advisor Due To The AUSTRALIA: ASIC Starts 2023 With Focus On Greenwashing.

As to Plaintiff's Motion to Strike Defendant's Affirmative Defenses (ECF No. 432 S.W.2d at 746. 1:2010cv22990 - Document 34 (S.D.

The remedies a plaintiff may be able to recover as damages of a fiduciary duty claim are often in one of two forms. Generally, in the United States, some of the affirmative defenses to breach of contract include: Lack of capacity. An affirmative defense is a defense which admits the cause of action [asserted in the plaintiffs complaint], but avoids liability, in whole or in part, by alleging an excuse, justification, or other matter negating or limiting liability. State Farm Mut. 07-17-00457-CV, 2019 Tex. Equitable defenses are appropriate for breach of fiduciary duty claims as fiduciary relationships originate in equity. Oct. 30, 2007).

Acts which, although in affirmance of the contract, do not indicate any intention to waive the fraud, cannot be held to operate as a waiver. Childress v. Cook, 245 F.2d 798 (5th Cir. In a breach of corporate fiduciary duty claim, the court will presume that the corporate executives have followed their business judgment in making these significant corporate decisions in managing the business. The court held that no one has the right to remain inactive when action is demanded while another party so changes his position that great damage will be inflicted by granting the remedial writ.

1985, writ refd n.r.e.).

Singh v. Attenborough, 137 A.3d 151 (Mem.) Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. 2d 311, 313 (Fla. 5th DCA 1985). You Meta Believe the GDPR Penalties Are No Joke!

This usually comes into play when an . You may be able to show damages through financial statements showing a loss, proof of a fiduciary's gain at the protected party's expense, etc. If you or someone you know is being sued for breach of fiduciary duty, consult an attorney immediately. The trustee may inadvertently use its standard formula for compensation, which was technically too much and over the amount allowed under the trust document.

490, 341 S.W.2d 892 (1960). denied), a court found that a trustee was not barred from challenging an oil and gas lease under an equitable ratification theory by accepting royalty payments.

Breach of fiduciary duty creates a civil claim and is not itself a crime in Florida.

The elements of waiver include the following: (1) existing right, benefit, or advantage; (2) actual or constructive knowledge of its existence; and (3) an actual intent to relinquish the right inferable from the conduct. Civ. 149, 135 S.W.

App.Houston [14th Dist.] Nevertheless, the most common affirmative defenses are listed in Florida Rule of Civil Procedure 1.110.

denied);see also Flores v. Flores, 116 S.W.3d 870, 876 (Tex. & Mort. 14-06-00703-CV, 2007 Tex.

Quasi estoppel refers to conduct such as ratification, election, acquiescence, or acceptance of benefits. App.Dallas 1984, no writ).

Apprehended Woman Dies in Eagle Pass, Texas Soft Sided Facility, U.S. Customs and Border Protection Department of Homeland Security. LSR Joint Venture No. v. Prize Energy Res., L.P.,510 S.W.3d 497, 505 (Tex.

At the core of these equitable defenses is the concept that a party should not be allowed to act inconsistently: have knowledge of conduct and fail to object to it for a period of time (thereby tacitly agreeing to the conduct) and then later raising claims against the trustee for the same conduct. 1965). However, there may be other facts and circumstances that may justify a beneficiary in waiting to complain and that may defend against a trustee using equitable defenses. The most complete list of affirmative defenses available in one place: currently 230 separate affirmative defenses.

Affirmative Defense - Causation: Third-Party Conduct as Superseding Cause - Free Legal Information - Laws, Blogs, Legal Services and More

If you would ike to contact us via email please click here.

Culver v. Pickens, 176 SW2d 167 (Tex.

New York courts generally require three baseline elements to state a claim: " (1) a breach by a fiduciary of obligations to another, (2) that the defendant knowingly induced or participated in the breach, and (3) that plaintiff suffered damages as a result of the breach." ( Kaufman v. 735 . Fortune Prod. App.Dallas 1994, writ dismd) (citing Frazier v. Wynn, 472 S.W.2d 750, 753 (Tex.

Section 736.1008 creates an exception based upon receipt of a limitation notice, which then triggers a six-month limitation.

Plaintiffs 23 B. In Goughnour v. Patterson, a beneficiary sued a trustee based on a failed real estate investment. See Vessels v. Anschutz Corp., 823 S.W.2d 762, 765 (Tex. at 513. Vessels, 823 S.W.2d at 762.

Specifically, [the wifes] summary-judgment evidence that her approval and acceptance of the terms of the settlement were the product of [the husbands] threats and misrepresentations creates fact issues as to the validity of her acceptance of benefits and representations in the documents she signed. App. Beneficiaries may argue that the trustee has acted with unclean hands and therefore may not take advantage of equitable defenses.

See also, Wooten v. Collins, 327 So.

A false representation may be accomplished by conduct, or when one has a duty to speak, by mere silence. An affirmative defense does not necessarily deny the claims made in the complaint.

Affirmative defenses to breach of fiduciary duty in Florida. Justia - California Civil Jury Instructions (CACI) (2022) 432.

Signed by Senior Judge James Lawrence King on 3/28/2011. Garcia et al Filing 34 Fernandez Pujals v. Garcia et al, No. .

The court further ordered that the sister take nothing on all her claims and ordered her to pay attorneys fees for the trustee.

Better Legal Talent and Quality Work than the Large Firms.

The burden of proof on an affirmative defense rests with the defendant who raises the defense. Id. Champlin Oil & Refining Co. v. Chastain, 403 S.W.2d 376 (Tex. Vessels, 823 S.W.2d at 765.

Assn, Inc., 452 So. More specifically, to invoke equitable doctrines such as estoppel, waiver, or ratification the defendant must come with clean hands. Ford Motor Co. v. Motor Vehicle Bd., 21 S.W.3d 744, 758 (Tex.

App.Amarillo 1968, no writ). The first case involved medical malpractice. (quasi-estoppel);Spangler v. Jones, 861 S.W.2d 392, 397-98 (Tex.

Located in Coral Gables, the firm represents parties throughout Miami and South Florida on either side of a dispute concerning a claim for breach of fiduciary duty.

While breach of fiduciary breach claims is common in commercial litigation, they often involve complicated factual situations. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. 14-06-00703-CV, 2007 Tex.

Further, quasi estoppel may be asserted even though there has been no concealment or misrepresentation on one side, and no ignorance or detrimental reliance on the other side. Adams v. First Nat.

All transactions except Bighorn were successful and the Trust benefitted from those prior investments.

to establish the affirmative defense of accord and satisfaction, the defendant must show that in the new contract: (1) the parties agree to discharge the existing obligation; (2) the parties agree that one party will perform and the other will accept something different from what each expected from the existing obligation; (3) the parties Id. One who retains benefits under a transaction cannot avoid its obligations and is estopped to take an inconsistent position. Under New York law, a corporation may include provisions in the certificate of incorporation to eliminate the liability of directors for damages for breach of duty. 823 S.W.2d at 765. Just like a plaintiff has the burden of proof to prove its claims against a defendant, the defendant has the burden of proof to prove its affirmative defenses.. Civ. App.Dallas 1993, writ denied) (ratification).

1999, pet. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. 2000, pet.

.

The husband argued that she was estopped from pursuing such action, under the doctrines of both judicial estoppel and quasi-estoppel, as she had accepted benefits of the divorce settlement. INTRODUCTION Breach of fiduciary duty is a broad concept that may arise in many differ-ent situations. P. 8.03. Fiduciary relationships arise in several personal and business roles and engagements such as: In order to have a legitimate cause of action for a breach of fiduciary duty claim, a plaintiff must show the existence of several elements. Critically, the evidence must establish the parties assent to the new agreement, and [t]here must be an unmistakable communication to the creditor that tender of the lesser sum is upon the condition that acceptance will constitute satisfaction of the underlying obligation.Ind. Damages for Breach of a Fiduciary Duty Someone who has been injured by a breach of fiduciary duty may be entitled to various types of damages. There are some other defenses available to fiduciaries that go outside the substance of the breach claim itself. App.Dallas 1991, no writ). 1988, writ denied). 823 S.W.2d at 765.

App.Dallas Jun. Accord and satisfaction exists when the parties agree to discharge an existing obligation in a manner other than in accordance with the terms of their original contract.Avary v. Bank of Am., N.A.,72 S.W.3d 779, 788 (Tex.

However, the law requires certain types of contracts to be made in writing in order to be valid. App.Amarillo 1968, writ refd n.r.e.). Deborah agreed to all of these transactions. Houtchens v. Matthews, 557 S.W.2d 581, 585 (Tex. The sister appealed. Equitable theories, such as estoppel, waiver, and ratification, are subject to traditional equitable defenses. What are the breach of fiduciary duty elements in Florida?

For example, inIn Re Marriage Stroud, the wife accepted benefits of the terms of a divorce settlement, which she later sought to challenge in court.

Automatic Renewal Laws in California and New York, Guardians handling affairs on behalf of a dependent, Financial advisors provide advice to client-investors, Other situations involving fiscal accountability.

App.Texarkana 1992, writ denied). Pyrimont also requested injunctive relief. Burton v. Natl Bank of Commerce, 679 S.W.2d 115 (Tex. 2d 211, 212 (Fla. 3d DCA 1984). . The defense of laches requires the establishment of two distinct elements: (1) an unreasonable delay by the moving party in asserting their rights and (2) the person raising the defense must be disadvantaged as a result of this delay by the moving party.

Civ. App. 2008);Tenneco Inc. v. Enter. v. McCarty, 165 S.W.3d 351, 353 (Tex. 1969)).

But not all claims for breach are valid. Id. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional.

In other words, a party may not accept the benefits of a transaction and then later take an inconsistent position to avoid corresponding obligations or effects. Lindley v. McKnight, 349 S.W.3d 113, 131 (Tex. Laches applied to bar such a claim.

Like all equitable claims and defenses, these defenses largely depend on the facts and circumstances of the case. The defense involves a new contract, either express or implied, in which the existing obligation is released by agreement of the parties through means of [a] lesser payment tendered and accepted.Richardson v. Allstate Tex. Affirmative Defenses 19 IV. What If you are the one who is being sued for breach of a fiduciary duty?

C. Recent Case Using Quasi-Estoppel To Dismiss Claims Against A Trustee. What can you do?

The affirmative defenses to breach of fiduciary duty will depend on the nature of the alleged misconduct and the nature of the fiduciary relationship. A sister filed a breach of fiduciary duty claim based on this failed investment. If you believe someone involved in your business has violated their . 1969)).

How can you know if you have a beneficiary duty owed towards another or in the alternative that someone may owe you a fiduciary duty? In re Marriage Stroud, 376 S.W.3d 346, 356-57 (Tex. H.A. App.Beaumont 1984, writ refd n.r.e.).

App. Id. Below are five common defenses that defendants for a breach of fiduciary duties should carefully exam and see if these defenses apply.

Id. The elements of equitable estoppel are: (1)a false representation or concealment of material facts, (2)made with the knowledge, actual or constructive, of those facts, (3)to a party without knowledge, or the means of knowledge, of those facts, (4)with the intention that it should be acted on, and (5) the party to whom it was made must have relied or acted on it to his prejudice.

451.4 Existence of Fiduciary Duty Disputed 451.5 Breach of Fiduciary Duty 451.6 Legal Cause 451.7 Preemptive Charges 451.8 Preliminary Issue Vicarious Liability 451.9 Burden of Proof on Preliminary Issues 451.10 Issues on Main Claim 451.11 Burden of Proof on Main Claim 451.12 Defense Issues 451.13 Burden of Proof on Defense Issues See also Hemink Farms, Ltd. v. BCL Constr., LLC, No. The Fiduciary Relationship Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials. 524, 525 (Tex. Co. v. Coucher, 837 So.

The doctrine applies when it would be unconscionable to allow a party to maintain a position inconsistent with one in which she acquired or by which that party accepted a benefit. Rule 1.110 states: In pleading to a preceding pleading a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense. Fla. R. Civ. 4000 Ponce de Leon Boulevard, Suite 470, Coral Gables, FL 33146. App.Dallas 2002, pet. The most common use of an affirmative defense is in a defendant's Answer to a Complaint. The doctrine of estoppel, including quasi-estoppel, is designed to protect the innocent; thus, a party may not urge this defense as a shield against its own tortious acts. All affirmative defenses, including statute of limitations, must be stated in a pleading. Thus, when seeking an equitable remedy, a party must do equity and come to the court with clean hands. Sch. Garver v. First Natl Bank, 432 S.W.2d 745 (Tex. FirstService seeks summary judgment on all counts in its Motion for Summary Judgment and Incorporated Memorandum of Law (the "Motion") [DE #143]. Estoppel prevents one party who has induced another to act in a particular way from adopting an inconsistent position, attitude, or course of conduct that will cause loss or injury to the other person. App.Dallas 1992, writ denied). However, the wife submitted evidence that she was led into the agreement by the husbands fraud and threats. In addition to the existence of a fiduciary duty, a plaintiff must also show a breach of that duty.

App.Waco 1953, writ dismd). Lumbermens Mut. Statement in compliance with Texas Rules of Professional Conduct. 2d 768, 771 (Fla. 4th DCA 2003) (quotation omitted). In reality, the duty of care generally translates to a duty to act reasonably (i.e., in a way that others would act in similar position and under similar circumstances). The doctrine applies when it would be unconscionable to allow a person to maintain a position inconsistent with one in which he acquiesced, or of which he accepted a benefit. denied). App.Fort Worth 1999, pet. Ratification occurs when a person who knows all the material facts confirms or adopts a prior act that did not then legally bind him and which he could have repudiated. Any retention of the beneficial part of the transaction affirms the contract and bars an action for rescission as a matter of law. Moreover, affirmative defenses must be asserted in the answer otherwise they are waived.

Where one partys tortious conduct has placed the other party in a position of forced conducti.e. However, the wife submitted evidence that she was led into the agreement by the husbands fraud and threats. Below are five common defenses that defendants for a breach of fiduciary duties should carefully exam and see if these defenses apply. Gulisano Law, PLLC. App.San Antonio 1991, writ denied). They raise some new matter which defeats an otherwise apparently valid claim. Wiggins v. Portmay Corp., 430 So.

For example, inVessels, the court overturned summary judgment on the defendants defense of ratification.

Breach of Fiduciary Duties 3 I. denied).

Further, the doctrine of waiver is applicable to all rights and privileges to which a person is legally entitled.

As mentioned above, a fiduciary's duties include two main responsibilities. App.San Antonio 2001, no pet. Childress v. Cook, 245 F.2d 798 (5th Cir. A person must have legal capacity to contract, otherwise he or she cannot be bound by a contract.

Valerie Sandler Tucson, Sue Lawley Husband, Diahann Carroll Grandchildren, 6770 Garfield Street Covid Testing, Judy Martin Hess Husband, Articles A