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Click here for the full text of this decision FACTS:This appeal arises from a suit for misapplication or conversion of estate assets against appellant George McGrede, a prior guardian of the estate of Georgia Ruth Hester. Melydia Edge initially brought suit against McGrede in her capacity as successor guardian of the estate. By the time the case went to trial Hester was deceased, and the independent executor of her estate, the appellee, Melanie Coursey, became the named plaintiff. Following a jury trial, final judgment was rendered in favor of Coursey in the amount of $93,405.42 for the conversion charges and an additional $93,405.42 as exemplary damages for McGrede’s breach of fiduciary duties. McGrede now appeals. HOLDING:Affirmed. McGrede argues the admission of testimony regarding “bond” and “insurance” by the plaintiff’s expert witness resulted in reversible error. At trial, Mark Stanton Smith testified as an expert in guardianships and fiduciaries on behalf of Coursey. He was called to explain guardianships and their purpose. He also explained what an inventory is, how it is used to determine the bond, and why a bond is needed in a guardianship situation. During his testimony, Smith talked about bonds and mentioned the words “insurance company” and “bonding company.” On appeal, McGrede contends this testimony should not have been allowed into evidence and constitutes reversible error. The probate court gave the jury an instruction to disregard any information regarding either a bonding company or insurance company, specifically instructing them “not to give any thought to the concept of whether there is or is not insurance of any kind involved in this.” In addition, McGrede presented this court with no evidence showing that Stanton’s testimony probably caused the rendition of an improper judgment. McGrede argues that evidence of the conduct of Edge and Coursey is relevant to determining punitive damages because the evidence goes to the situation and sensibilities of the parties and therefore should have been admitted. In the past, appellate courts have found evidence as to the situation and sensibilities of the parties to relate to the parties’ relative situations during the period in question. The only period which is the subject of the present case is the duration of McGrede’s term as guardian; any actions taken or not taken by Edge and Coursey following McGrede’s term are irrelevant to the issue of punitive damages in this case. The trial court did not abuse its discretion in excluding the evidence. McGrede argues the transfer of the guardianship of the estate to Bexar County was improper. The evidence fails to demonstrate that the transfer was not in the best interest of the ward. Under the applicable sections of the Texas Probate Code, the trial court did not abuse its discretion in transferring the guardianship. The guardianship was properly transferred to Bexar County prior to the filing of the suit. In addition, Edge, who filed the suit and served as successor guardian, resided in Bexar County. Venue was, therefore, proper in Bexar County, and the trial court did not abuse its discretion in denying McGrede’s motion. McGrede argues the trial court erred in refusing to enforce the parties’ Rule 11 agreement to continue the case and in overruling his motion for a continuance. McGrede did not file the supposed Rule 11 agreement with the court until January 9, at his hearing for continuance at which time he was attempting to enforce the agreement. Under the writing and filing requirements of Rule 11, there was no binding agreement between the parties to continue the trial date. OPINION:Green, J.; Stone, Green and Angelini, JJ.

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