A district judge on Wednesday dismissed a lawsuit filed against former Robertson County District Attorney John Paschall after the plaintiffs in the case fired their previous attorney and hired a new one to get rid of the claims.
Last month, the Calvert Historical Foundation voted to cut ties with Ty Clevenger, an attorney who had agreed to represent the nonprofit organization pro bono in a lawsuit over the estate of Mariam Oscar, a deceased Calvert woman.
Based on a letter to Clevenger from the foundation, the decision to fire the attorney came after members voted to terminate the membership of Richard Johnson, who had been serving as president during the time Clevenger was representing the organization in the estate case against Paschall.
The estate case had been ongoing since June 2011, when Clevenger first filed a suit against Paschall on behalf of Oscar's distant relative based on claims Paschall had misappropriated funds as executor of Oscar's estate.
Two years later, the petition was amended to name the Calvert Historical Foundation as the plaintiff. The foundation had standing given that it was a nonprofit Calvert organization, which is where Oscar wanted her remaining assets donated after her death, according to Oscar's trust agreement.
In January, $86,000, what Paschall says remains of Oscar's estate, was submitted to the county registry.
Because Paschall was removed as executor of Oscar's trust several months ago and it hasn't been determined who will be appointed as receiver of Oscar's remaining funds, it's unclear what will happen to the $86,000 turned in by Paschall.
Along with granting a motion to dismiss the lawsuit, which was filed by the foundation's new attorney, Stephen Boykin, Judge H.D. Black granted a motion filed by Paschall's attorney, Rusty Russ, to transfer the case to Robertson County Judge Jan Roe, who has jurisdiction over matters concerning wills when there are no contested issues.
While the civil suit against Paschall has been dismissed, the once-elected official, who now does criminal defense work, is being investigated by the Texas Rangers, the attorney general's office and the State Bar of Texas for misappropriation of funds.