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In re Fenenbock

Relator filed a petition for a writ of mandamus against a probate judge and asserted that he abused his discretion by failing to disqualify one of the attorneys from representing another party in probate proceedings in which said party sought to, in part, have relator's interest in a family trust forfeited based on a dispute that allegedly triggered a no-contest clause.

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O P I N I O N Relator Lauren Fenenbock has filed a petition for a writ of mandamus against the Honorable Eduardo Gamboa, Judge of Probate Court No. 2 of El Paso County, Texas, asserting that Judge Gamboa abused his discretion by failing to disqualify attorney Rene Ordonez and the law firm of Blanco Ordonez Mata & Wallace, P.C., from representing Glenna Gaddy in probate proceedings in which Gaddy is, in part, seeking to have Fenenbock’s interest in a family trust forfeited. Gaddy claims that a minority shareholder lawsuit Fenenbock filed in a dispute with Gaddy’s son over governance of a family-owned business triggered a broad no-contest clause contained in the family trust that resulted in Fenenbock losing her interest in the family trust. Ordonez represented Fenenbock at a company board meeting in the pre-litigation phase of the family business dispute, but he did not represent Fenenbock when she filed suit. We conditionally grant mandamus relief.[1] BACKGROUND The Fenenbock/Gaddy Family and the Family Business This mandamus action arises from a probate dispute between two branches of the Fenenbock/Gaddy Family. Bernard and Jeannette Fenenbock were the patriarch and matriarch of the Fenenbock Family. Bernard and Jeannette had two children: a son named Mark Fenenbock and a daughter named Glenna Gaddy. Mark had two daughters named Lauren and Elysa. Glenna had two sons named Lane and Weston. Glenna Gaddy is married to Philip (Peto) Gaddy. In this mandamus action, Lauren Fenenbock is the Relator and her aunt Glenna Gaddy is the Real Party in Interest. Due to the overlap in surnames and for clarity’s sake, we will refer to the parties either by the full names or by their first names only.

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