Texas Estates Code 456.0045 – Private Cause of Action
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(a) If an eligible institution violates Section 456.003, a person aggrieved by the violation may bring an action against the eligible institution to:
(1) obtain declaratory or injunctive relief to enforce the section; and
(2) recover damages to the same extent the person would be entitled to damages had the eligible institution acted in the same manner with respect to the deceased lawyer before the lawyer’s death.
(b) A person who prevails in an action under this section may recover court costs and reasonable attorney’s fees.
Terms Used In Texas Estates Code 456.0045
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027