Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Thursday, February 26, 2015

Tom Benson Denied Expedited Appeal

Tom Benson

The Texas Fourth Court of Appeals in San Antonio has rejected Tom Benson’s request for an expedited review of a lower court’s decision to temporarily oust the New Orleans Saints and Pelicans owner as steward of a trust created for his now-estranged daughter. 

In a motion filed Monday, Benson’s lawyers asked the court to speed up the usual 60-day briefing schedule, the reason being significant legal costs.  They wanted oral arguments set for seven days after his daughter, Renee Benson, files a brief in the appeal.  However, Court of Appeals denied the request on Wednesday without any explanation.

Benson is appealing the decision made by Bexar County Probate Judge Tom Rickhoff, who put the trust under the oversight of ex-San Antonio mayor Phil Hardberger and Art Bayer, a local attorney.  Benson’s lawyers argue that Rickhoff’s decision was problematic because less “harsh” remedies were not considered.  Hardberger and Bayern are each charging the trust $600 an hour — or a total of $9,600 daily — to handle decision-making responsibilities, money the trust will never recover.  

See Ramon Antonio Vargas, Tom Benson’s Request for an Expedited Appeal is Denied in Legal Battle Over Texas Trust, The Advocate, Feb. 26, 2015.

https://lawprofessors.typepad.com/trusts_estates_prof/2015/02/tom-benson-denied-expedited-appeal.html

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