Houston, TX
Appeals Lawyer at Houston, TX
Practice Areas: Appeals, Lawsuits & Disputes, Banking
OUTCOME: (see description)
In the latest of several suits among brothers, this round involving their deceased mother’s estate, we were able to obtain reversal of the adversary’s summary judgment and remand for trial on the merit ... s preserving the client’s day in court.
OUTCOME: (see description)
In a defensive suit, we first obtained partial relief from jury findings post-trial in the trial court. On appeal we were able to hold those favorable rulings on the plaintiffs’ defamation claims and ... to obtain reversal and rendition on their contract claims. The case went back to the trial court on the sole issue of the amount of attorneys’ fees our client is entitled to recover.
OUTCOME: (see description)
In this tale of love lost, love found, insurance purchased and the unfortunate and untimely occurrence of a house fire, the dispute centered on who was entitled to insurance proceeds. We got an affirm ... ance for our lender client who was awarded the proceeds as the additional insured.
OUTCOME: (see description)
After a heated exchange in the lobby, a bank customer sued in state court alleging that she was defamed. Trial counsel removed, fended off a remand and got the case dismissed. On appeal the Fifth Cir ... cuit held that: (1) the customer’s amendment of her complaint after removal to reduce amount of damages sought did not strip district court of jurisdiction, and (2) the employee’s statement to police that the customer was screaming and using obscenities was not defamatory.
OUTCOME: (see description)
Real estate purchasers brought action against vendor after discovering they only purchased 30-foot strip of land rather than entire lot and house. Our client filed motion to enforce contractual jury wa ... iver. The trial judge granted the motion and purchasers filed interlocutory appeal. The Fort Worth Court of Appeals reversed and remanded. We petitioned for writ of mandamus in the Texas Supreme Court. The Supreme Court held that contractual jury trial waiver in real estate contract did not create a presumption that placed burden on vendor prove that the purchasers knowingly and voluntarily agreed to waive right to a jury trial as the Fort Worth court had erroneously determined. The case went back to the trial court for a non-jury trial.
OUTCOME: (see description)
In the context of facially conflicting Family Code provisions, a mother served the bank with a notice of lien and notice of levy directed at a deposit account owned by the now fully grown children’s fa ... ther’s new wife. On the theory that the bank did not strictly comply in its responses to the lien and levy, the trial court awarded six figure accumulated child support arrearages against the bank. We preserved and presented arguments in the San Antonio Court of Appeals based on the problematic statutes, constitutionality issues related to forcing the bank to pay an amount far in excess of any amount ever in the new wife’s account and that the defaulting father did not own and had not privileges or control over the account in question. The court of appeals reversed and rendered, turning the six figure judgment into a take nothing in favor of our client. (Perhaps coincidentally, parts of the Family Code were revised in the subsequent legislative session.)
OUTCOME: (see description)
Renters of a safety deposit box sued the bank, alleging it breached the contract. They claimed the bank drilled their box when rent was paid, that the bank never notified them of a problem and that the ... re must have been some sort of conspiracy with a not-so-good Samaritan. It seems a fellow wearing boat shoes offered advice on how to change a flat tire a few miles down the road from the bank – the bank where the plaintiffs had just transferred their safe deposit box contents to a Blockbuster™ bag. A Dallas jury returned its verdict in favor of the bank, the renters appealed and the Dallas Court of Appeals affirmed.
Ad
Transform legal challenges into solutions.
Connect now to review your situation.
