If a claimant lacks standing to assert a claim, the trial court should dismiss the claim for lack of jurisdiction rather than render a take-nothing judgment. See Patrusky v. Bloomberg, No. 05-14-00175-CV, 2015 WL 3896097, at *4 (Tex. App.-Dallas June 24, 2015, no pet.) (mem. op.). C. Capacity

The relationship between a borrower and its lender is usually neither a fiduciary nor a special relationship. Patrusky v. Bloomberg, No. 05-14-00175-CV, 2015 WL 3896097, at *7 (Tex. App.—Dallas June 24, 2015, no pet.) (mem. op.). A fiduciary relationship in this context, when found, "has rested on extraneous facts and conduct, such as excessive lender control over, or influence in, the borrower's business activities."

The duty arises in four circumstances: (1) a fiduciary or other special relationship between the parties gives rise to a duty to disclose; (2) new information makes a defendant's earlier representation misleading or untrue; (3) a defendant conveys a false impression by making a partial disclosure; and (4) a defendant who voluntarily discloses information has a duty to disclose the whole truth. Patrusky v. Bloomberg , No. 05-14-00175-CV, 2015 WL 3896097, at *10 (Tex. App.—Dallas June 24, 2015, no pet.) (mem. op.); Holland v. Thompson , 338 S.W.3d 586, 598 (Tex. App.—El Paso 2010, pet. denied) ; Citizens Nat'l Bank v. Allen Rae Invs., Inc. , 142 S.W.3d 459, 477 (Tex. App.—Fort Worth 2004, no pet.). Whether such a duty exists is a question of law. Bradford , 48 S.W.3d at 755.

But a fiduciary relationship is an extraordinary one and will not be created lightly. Id.; see also Patrusky v. Bloomberg, No. 05-14-00175-CV, 2015 WL 3896097, at *8 (Tex. App.—Dallas June 24, 2015, no pet.) (mem. op.) (fiduciary relationship is not created lightly). Whether a confidential relationship exists is "determined from the actualities of the relationship between the persons involved."