Appellate Work

• Hulshouser v. Texas Workers’ Compensation Ins. Fund, 139 S.W.3d 789 (Tex.App.—Dallas 2004, no pet.): Worker sued workers’ compensation insurer for bad faith, alleging that insurer’s denial and delay in compensating him for initial hernia injury aggravated his condition. I prepared the summary judgment motion that the trial court granted and the appellee’s brief. The appellate court affirmed the summary judgment, opining that the exclusive remedy provision of the Workers’ Compensation Act barred his suit because any delay by the insurer did not produce an “independent injury” from the original hernia injury that would support a bad faith claim.
• McArdle v. Stahl, 2006 WL 1648988 (Tex.App.—Austin 2006, no pet.): This appeal involved a fatal injury to a party guest. Client’s teenage son threw a party. A guest fatally kicked the head of another guest. I prepared the summary judgment the trial court granted and the appellee’s brief. The appellate court affirmed the summary judgment, opining that because the danger posed by the assailant was not foreseeable by the host, the host had no duty to warn the guest, attempt to control the assailant, or take other steps to guard against the assailant’s criminal behavior, even if the host was aware of the assailant’s temper.
• Robert Trotter Gift Fund for Thomas v. Trinity Universal Ins. Co., 2007 WL 2682247 (Tex.App.—Austin 2007, pet. denied): This appeal involved an insurer’s duty to defend a policyholder. I represented the insurer. I prepared the summary judgment motion arguing no duty to defend that the trial court granted and the appellee’s brief. The appellate court affirmed the summary judgment.
• Pickett v. Texas Mut. Ins. Co., 239 S.W.3d 826 (Tex.App.—Austin 2007, no pet.): Worker sued workers’ compensation insurer to recover for wrongfully delaying or denying pre-authorization for certain medical services and prescriptions, alleging Insurance Code violations, deceptive trade practices, breach of fiduciary duty, bad faith, intentional infliction of emotional distress, negligence, and negligent misrepresentation. I prepared the motion to dismiss arguing failure to exhaust administrative remedies that the trial court granted and the appellee’s brief. The appellate court affirmed.
• Frank v. Liberty Ins. Corp., 255 S.W.3d 314 (Tex.App.—Austin 2008, pet. den.): Workers’ Compensation Commission’s appeals panel dismissed claimant’s administrative appeal for failure to timely file her request for review. I prepared the motion to dismiss for lack of jurisdiction because claimant did not timely request judicial review. The trial court granted my motion, but the appellate court reversed, opining that there was a question when the claimant received notice of the hearing officer’s decision.  
• Texas Mut. Ins. Co. v. Havard, 2008 WL 598347 (Tex.App.—Hous. [1st Dist.] 2008, no pet.): This was an intoxication case. The appellate court determined that evidence was sufficient to support finding that claimant was not intoxicated at time of work-related accident.
• Craig v. Texas Mut. Ins. Co., 2008 WL 182742 (Tex.App.—San Antonio 2008, no pet.): This appeal involved a grandchild’s eligibility to receive death benefits at the time of grandmother’s death. I prepared the summary judgment motion that the trial court granted and the appellee’s brief. The appellate court affirmed the summary judgment.
• Adkins v. Texas Mut. Ins. Co., 2008 WL 4500322 (Tex.App.—San Antonio 2008, no pet.). Worker’s compensation insurer denied benefits, arguing that claimant was intoxicated at the time of injury. The case was tried to a jury. The jury found in the insurer’s favor. Claimant appealed, arguing that trial court should have excluded the insurer’s expert witness. The appellate court affirmed judgment for the insurer.
• BJB Const. LLC v. Atlantic Cas. Ins. Co., 338 Fed. Appx. 382 (5th Cir. 2009): Contractor sued subcontractor’s insurer, seeking a declaration that under Texas workers’ compensation/employers’ liability policy, the insurer was obligated to defend and indemnify contractor in an underlying personal injury action. I prepared the summary judgment motion that the trial court granted and the appellee’s brief. The appellate court affirmed the summary judgment.
• Sherbin v. Dean Word Co., Ltd., 2010 WL 2698761 (Tex.App.—Austin 2010, no pet.): Plaintiff claimed that the client (a road contractor) had negligently created a dust cloud that obscured visibility on the highway and proximately caused the accident. After a jury trial, the jury found for the client. Plaintiff appealed. I drafted the appellee’s brief. The appellate court affirmed the judgment in client’s favor. 
• MT Falkin Investments, L.L.C. v. Chisholm Trail Elks Lodge No. 2659, 400 S.W.3d 658 (Tex. App.—Austin 2013, pet. denied):  This matter involved an issue of first impression in Texas concerning non-profit associations under the Texas Business Organizations Code. I prepared the summary judgment the trial court granted and the appellee’s brief. The appellate court affirmed the summary judgment. The Texas Supreme Court denied review.
• Timegate Studios, Inc. v. Southpeak Interactive, L.L.C., 713 F.3d 797 (5th Cir. 2013):  This case dealt with an arbitrator’s authority to create an appropriate remedy to end a contract dispute and the circumstances under which a court can vacate an arbitration award. This case was featured on the front page of the Texas Lawyer in April 2012. Texas Lawyer article. I prepared all court briefs, including the winning appellant’s briefs before the Fifth Circuit.
• First Texas Bank v. Carpenter, 491 S.W.3d 729 (Tex. 2016):  This case involved interpretation of Chapter 95 of the Texas Civil Practices and Remedies Code. My client sustained injuries while on the bank’s roof. The bank argued that Chapter 95 barred my client’s claim. The trial court granted summary judgment for the bank. I handled the briefing for my client, the appellant. The 3rd Court decided the case by submission and reversed the trial court’s summary judgment. The bank appealed to the Texas Supreme Court, and the Court affirmed our favorable appellate decision. I handled the briefing before the Texas Supreme Court.
• Marhaba Partners Ltd. P’ship v. Kindron Holdings, LLC, 457 S.W.3d 208 (Tex. App.—Houston [14th Dist.] 2015, pet. denied): This case examined whether Texas Property Code section 51.003 applies when a creditor is foreclosing on additional collateral. It was decided by submission. I wrote the winning appellee’s brief. The opponent appealed to the Texas Supreme Court. I wrote the response to petition for review and brief on the merits. The Texas Supreme Court denied review.
• Lucyk v. Kindron Holdings, LLC, No. 01-14-00521-CV, 2015 WL 4549183 (Tex. App.—Houston [1st Dist.] July 28, 2015, pet. denied): This case addressed how Texas Property Code section 51.003 applies to a personal guarantor of a note. It was decided by submission. I wrote the winning appellee’s brief. The opponent appealed to the Texas Supreme Court. I wrote the response to petition for review. The Texas Supreme Court denied review.
• Valley Reg’l Med. Ctr. v. Camacho, No. 13-14-00004-CV, 2015 WL 2353287 (Tex. App.—Corpus Christi–Edinburg May 14, 2015, no pet.): This cases examined the Texas Medical Liability Act’s role in a premises liability claim. In this case, the client was visiting a friend who had given birth. When the client was leaving the maternity ward, the electronic doors closed on her, injuring her. She sued the hospital. The hospital moved to dismissed under the Texas Medical Liability Act. The trial court dismissed the client’s case. The client appealed. The appeals court initially ruled against her but ultimately ruled in her favor on rehearing. I handled the appeal, the briefing, and the rehearing motion. 
• McMillin v. McMillin, No. 13-14-00288-CV, 2015 WL 6378782 (Tex. App.—Corpus Christi–Edinburg Oct. 22, 2015, no pet.):  This case addressed jurisdiction for a divorce proceeding. The parties agreed to dismiss their appeal before the appellate court made a decision.
• Tex. App.—Texarkana 2015, no pet.:  This case involved a business partnership dispute. Parties were partners in a restaurant. The case involved interpretation of the partnership agreement. The parties settled.
• Tex. App.—Amarillo 2015, no pet.:  This case addressed sufficiency of evidence to support a default judgment. Opponent appealed the default judgment. I wrote the brief for the appellee (plaintiff that obtained default judgment). The appeals court decided the appeal on submission. The appeals court set aside the default judgment.
• Tex. App.—Amarillo 2016, no pet.:  This case addressed sufficiency of the evidence to support a summary judgment awarded to the plaintiff. I wrote the brief for the appellant (defendant). The appeals court decided the appeal on submission. The appeals court affirmed in part and reversed and remanded in part.
• Tex. App.—Austin 2016, no pet.:  This case addressed sufficiency of the evidence of service and damages to support a default judgment. I wrote the briefs for the appellee (plaintiff who obtained default judgment). The 3rd Court set aside the default judgment.
• Tex. App.—San Antonio 2016, orig. proceeding:  This is a mandamus case where relator complained that (1) the trial judge was required to dismiss relator from the suit because relator filed a nonsuit, and (2) the trial judge abused her discretion when she ordered relator to answer discovery questions after relator filed a nonsuit. I drafted the winning response brief for the real parties in interest.
• Lopez v. Maldonado, No. 13-15-00042-CV, 2016 WL 8924108 (Tex. App.—Corpus Christi–Edinburg Dec. 21, 2016, no pet.):  This appeal addressed whether a trial court erred when it granted an attorney’s summary judgment motion for fees. The attorney sued the client for attorney’s fees. The client asserted a legal malpractice counterclaim. The attorney moved for summary judgment, and the trial court granted summary judgment. The client appealed, and the appeals court reversed and remanded. I handled the successful appeal for the appellant. I also handled the response to the attorney’s summary judgment motion before the trial court; I submitted appropriate evidence and lodged objections to attorney’s summary judgment evidence.
• Tex. App.—Corpus Christi 2016, no pet.:  This appeal addressed whether a trial court erred when it entered a final judgment based on a settlement agreement when one party to the agreement withdrew her consent before the trial court entered final judgment. I wrote the winning appellant’s briefs for the party who withdrew consent.
• Tex. App.—Austin 2017, no pet.:  This is an appeal of a final judgment. An attorney sued clients for attorney’s fees. The parties entered into a settlement agreement. The client failed to pay under the agreement. The attorney moved to enforce the settlement agreement. The trial judge entered final judgment in favor of the attorney. The client appealed, claiming that attorney failed to comply with a condition precedent. I wrote the winning attorney’s appellee brief.
• Tex. App.—San Antonio 2018, no pet.:  The opponent appealed the trial court’s denial of his motion to compel arbitration. The 4th Court dismissed the appeal.
• Tex. App.—Houston [14th Dist.] 2019:  This is an appeal seeking review of a probate court’s ruling declaring a party to be a vexatious litigant. I wrote the appellee’s brief. The 14th Court affirmed the vexatious litigant declaration and denied the appellant’s motion for rehearing.
• Tex. App.—Houston [14th Dist.] 2019:  This is an appeal of a probate court’s final judgment evicting relatives of a ward from a home owned by the ward’s trust. I wrote the appellee’s brief. The 14th Court affirmed the trial court’s judgment.
• Tex. App.—Corpus Christi 2019:  This is an appeal of a jury trial judgment in a vehicle accident case. I wrote the briefs for the plaintiff-appellant raising legal and factual sufficiency arguments. The 13th Court affirmed the trial court’s judgment.
• Tex. App.—Houston [14th Dist.] 2019:  This an appeal of an award of attorney’s fees in a probate case. I moved to dismiss based on lack of jurisdiction and wrote appellee’s brief on the merits. The 14th Court granted my motion to dismiss.
• Tex. App.—Austin 2019:  This is an appeal of a summary judgment in a residential home sellers’ disclosure case. I wrote the winning motion for summary judgment and the appellees’ brief. The 3rd Court affirmed the majority of the trial court’s judgment but reversed and remanded in part.
• Tex. App.—Houston [14th Dist.] 2019:  This an appeal of an award of attorney’s fees in a guardianship case. I handled the appeal for the appellant. The 14th Court affirmed the trial court’s order awarding attorney’s fees.
• Tex. App.—Dallas 2019:  This is an appeal of a final judgment in a malpractice and breach of fiduciary duty case against an attorney. I wrote the winning summary judgment motion that narrowed the issues for trial, and I wrote the winning brief for the appellee. 
• Tex. App.—Houston [14th Dist.] 2019, no pet.: This was a petition for writ of mandamus in a family law case.
• Tex. App.—Houston [1st Dist.] 2019, no pet.: This was an appeal of a summary judgment; issue was whether notice of the summary judgment hearing was adequate.
• Tex. App.—Houston [14th Dist.] 2019, pet. denied, cert denied:  This was an appeal seeking review of a vexatious litigant declaration. Opponent lost and appealed to the Supreme Court of Texas and Supreme Court of the United States.
• In re Medina, No. 13-19-00537-CV, 2019 WL 6906572 (Tex. App.—Corpus Christi–Edinburg Dec. 18, 2019, no pet.):  I filed a petition for writ of mandamus asking the 13th Court to compel the trial court to vacate two orders granting special appearance. The 13th Court concluded that my client met her burden to obtain mandamus relief and conditionally granted the petition for writ of mandamus, and the trial court complied.
• Tex. App.—Austin 2019, no pet.: This was an appeal of a summary judgment.
• Tex. App.—Houston [14th Dist.] 2020, pet. denied, cert denied: The opponent moved to dismiss under the Texas Citizens Participation Act. I responded to the motion to dismiss. The trial court denied opposing party’s motion to dismiss. The opponent appealed. I successfully handled the appeal for the appellee. The 14th Court affirmed the trial court’s refusal to dismiss.
• Pending before the 13th Court of Appeals, Texas: This a petition for writ of mandamus where trial judge denied an injunction.
• 5th Circuit (2021): This is an appeal of a dismissal of a False Claims Act/qui tam case. The district court granted summary judgment against the appellant. I assisted with briefing for the appellant. The 5th Circuit affirmed the summary judgment.
• Estate of Vines, No. 01-21-00003-CV, 2022 WL 1085624 (Tex. App.—Houston [1st Dist.] Apr. 12, 2022, no pet. h.): This is an interlocutory appeal of an order appointing a receiver. The probate court appointed the client to be a receiver. The opponent appealed. The 1st court affirmed his appointment.
• Pending before the 14th Court of Appeals, Texas: This is an appeal of a summary judgment in a fiduciary case. I had obtained summary judgment for a former trustee. The trust beneficiaries have appealed.
• Pending before the 4th Court of Appeals, Texas: The opponent moved to dismiss under the Texas Citizens Participation Act. I responded to the motion to dismiss. The trial court denied the motion to dismiss. Opposing party is appealing the denial.
• Pending before the 14th Court of Appeals, Texas: This case involves a guardianship application. Opponents moved to dismiss. The trial court dismissed the guardianship application. The clients are appealing the dismissal.
• Pending before the 13th Court of Appeals, Texas: This an appeal of a dismissal of a contract suit. I am working with a solo practitioner who had obtained a judgment in Georgia. The opponent filed suit in Texas. I drafted the motion to dismiss the Texas suit. The Court dismissed the Texas suit. Opponent is appealing.
• Pending before the 3rd Court of Appeals: This appeal involves an unclaimed property case. The State Comptroller did not timely respond to the clients’ unclaimed property claim, so the clients are suing in district court. The Comptroller filed a petition for writ of mandamus asserting that the trial court must require the clients to add a certain cause of action in order to proceed with their suit.
• Pending before the 3rd Court of Appeals: This appeal involves an unclaimed property case. The State Comptroller did not timely respond to the clients’ unclaimed property claim, so the clients are suing in district court. The Comptroller contends the district court has no jurisdiction because the clients did not submit their claim timely. The district court denied the Comptroller jurisdictional plea. The Comptroller appealed.
• Pending before the 14th Court of Appeals, Texas: A widow claims her late husband had wanted to leave his retirement accounts to her and sued his sons, who contend they are the rightful beneficiaries of his retirement accounts. I obtained summary judgment for the sons. The widow is appealing the summary judgment.