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Leblanc, et al. v. Lange, et al.

Appellants David LeBlanc, Hedy LeBlanc, LeBlanc Family Investments LLC, Shreveport GP LLC, Shreveport Doctors Hospital 2004 Ltd., and Shreveport Hospital Management Inc. challenge the trial court's rendition of summary judgment in favor of appellees B. John Lange III and Ethicus Healthcare Group LLC in LeBlanc's suit against Lange and Ethicus for declaratory judgment, breach of fiduciary duty, legal malpractice, deceptive trade practices, negligent misrepresentation and conspiracy. Lange, an attorney, went into business with LeBlanc, a businessman and long-time friend, and they formed several corporate entities together. When the interests of LeBlanc diverged from those of Lange, the two fell out and this suit ensued. The trial court did not err in holding that no attorney-client relationship existed between Lange and LeBlanc at the time the settlement agreement was entered and the sale of LeBlanc's LifeCare stock took place. There is no evidence that these two men -- both experienced in buying and selling hospitals and other health care facilities, in forming companies, and in managing health care facilities -- were dealing on anything but equal terms, in arm's-length ventures. The trial court did not err in concluding that no special relationship giving rise to a fiduciary duty existed between Lange and LeBlanc. The trial court did not err in ruling against LeBlanc as a matter of law on his claims of fraud, misrepresentation, DTPA violations, illegality, duress, and unconscionability. The trial court's judgment is affirmed. Houston's 1st Court of Appeals, No. 01-08-01029-CV, 09-22-2011.

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OPINION

Appellants David LeBlanc, Hedy LeBlanc, LeBlanc Family Investments Limited Liability Company, Shreveport GP, LLC, Shreveport Doctors Hospital 2004, Ltd., and Shreveport Hospital Management, Inc. (collectively, ―LeBlanc‖) challenge the trial court’s rendition of summary judgment in favor of appellees B. John Lange, III (―Lange‖) and Ethicus Healthcare Group, LLC (―Ethicus‖) in LeBlanc’s suit against Lange and Ethicus for declaratory judgment, breach of fiduciary duty, legal malpractice, deceptive trade practices, negligent misrepresentation and conspiracy.*fn1 In five issues, LeBlanc contends that the trial court erred in concluding as a matter of law that: (1) there was no attorney-client relationship between LeBlanc and Lange; (2) there was no ―special relationship‖ between LeBlanc and Lange that gave rise to a fiduciary duty; (3) the settlement agreement at issue here was fair; (4) Lange did not breach a formal or informal fiduciary duty to LeBlanc; and (5) Lange was entitled to summary judgment on the issues of illegality, duress, and unconscionability.

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