Ruling nullifies trial that removed him as trustee, new trial uncertain

EL PASO — On December 19, James “Jim” White III achieved a significant victory in his legal battle with his siblings over control of the historic Brite Ranch after the 8th Court of Appeals in El Paso ruled that the trial that removed him as ranch trustee is void and that the case can go back to district court for another trial.

The ruling stated that the 394th District Court in the summer 2023 trial did not structure the charges — questions for the jury to decide on — properly, particularly around the issue of whether Jim acted with intent for personal gain in his management of the ranch. Jim’s siblings, Mac White and Beau White, had sued him for breach of fiduciary duty managing the ranch’s trust and claimed he did not act as a “prudent investor” and did not make any distributions to them from the trust. The jury agreed with them, but the appeal ruling stated that the improper charges were significant enough to have impacted the jury’s decision — thus a possible new trial.

An attorney for Jim, Ted Lyon, said on December 20 that in his reading, this puts Jim back as trustee for the ranch. It also could lead to the reversal of $230,000 in legal fees the interim trustee — Susan Combs — won in a December 9 hearing. Numerous post-trial pleadings still left with no rulings are now in a state of uncertainty, including petitions from Jim’s children, principally Cuatro White. Lyon said Jim’s legal team was going to sit down and look at the status of everything after the holiday and would also be reaching out to Mac and Beau’s lawyers to discuss a settlement — something discussed behind the scenes and in four mediation sessions over the past six years with no agreements reached. The principal counsel for Mac and Beau in the appeal — Debra McClure — did not reply to a request for comment.

The next court hearing on several motions is set for February 7, unless the parties can reach an agreement. For more background on the legal battles, see www.bigbendsentinel.com.

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