4:23-cv-00871
E.D. Tex.Aug 16, 2024Background
- Plaintiff Kathryn Sneed and Sneed Equestrian Estates, LLC (both Tennessee citizens) hired Texas-based horse trainers for care and training of five horses at a Texas ranch.
- The horses allegedly suffered diseases and injuries while housed at Black Bird Ranch, leading to claims for breach of contract, negligence, and gross negligence.
- Black Bird Ranch is operated as a sole proprietorship owned by The Bonaparte Family Living Trust, with Frank and Patricia Bonaparte as trustees.
- Plaintiffs sued the Ranch, the Trust, and several individuals, alleging injury to the horses during their stay.
- After plaintiff filed and amended their complaint, the Trust and the Ranch moved to dismiss for lack of capacity to be sued under Texas law.
- The court had to decide these motions before considering the merits of plaintiffs' claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a Texas trust can be sued | Trust is a real party and can be sued directly | Only trustees, not the trust, may be sued under Texas law | Trust lacks capacity to be sued |
| Whether Black Bird Ranch can be sued | Implied that as a facility/entity, can be sued | Ranch is not a legal entity separate from the Trust | Ranch lacks capacity to be sued |
| Proper procedure for dismissal | Should be under Rule 12(b)(2) (jurisdiction) | Capacity appears on face, so Rule 12(b)(6) applies | Rule 12(b)(6) applies |
| Sufficiency of plaintiff's pleadings | Pleadings satisfy Rule 8 and state viable claims | N/A (Arguments focused on capacity, not merits) | Pleadings are sufficient |
Key Cases Cited
- Ray Malooly Tr. v. Juhl, 186 S.W.3d 568 (Tex. 2006) (Suits against a trust must be brought against trustees, not the trust itself)
- Huie v. DeShazo, 922 S.W.2d 920 (Tex. 1996) (A "trust" is a fiduciary relationship, not a separate legal entity)
- In re Bradley, 501 F.3d 421 (5th Cir. 2007) (Trusts must be sued through their trustees under Texas law)