Appellate Cases Handled

Zurita v. SVH-1 Partners, Ltd., No. 03-10-00650-CV, 2011 WL 1991742 (Tex. App.—Austin  Dec. 8, 2011, no pet. h.) (mem. op., not designated for publication).

Six figure Judgment obtained on behalf of landlord for breach of lease overcoming claims of wrongful foreclosure, conversion, and failure to mitigate damages.

Anderson v. Shaw, No. 03-08-00352-CV, 2010 WL 2428132 (Tex. App.–Austin June 18, 2010, no pet.) (mem. op., not designated for publication).

In this trespass to try title action we successfully defended purchaser of tract of land against claims of adverse possession, trespass, civil theft and superior title. We recovered attorneys fees for our client.

Terragora Investments, LP v. Niteclubs Enterprises, Inc., No. 03-06-00259-CV, 2009 WL 483338 (Tex. App.–Austin Feb. 27, 2009, pet. denied) (mem. op., not designated for publication).

We successfully established a breach of lease case for landlord but based on the particular facts did not overcome a claim for the lost values of equipment belonging to tenant.

Ferch v. Baschnagel, No. 03-04-00605-CV, 2009 WL 349149 (Tex. App.–Austin February 13, 2009, no pet.) (mem. op., not designated for publication).

We recovered six figure damage award for founder of insurance agency in this partnership dispute for value of book of business utilized by former partner.

In re FirstMerit Bank, N.A., 52 S.W.3d 749 (Tex. 2001).

We overturned trial court order denying motion to arbitrate dispute on behalf of mobile home lender.

Carmichael v. Osherow, 100 F.3d 375 (5th Cir. 1996).

We overcame bankruptcy trustee’s assertion that certain retirement funds were not exempt assets for this Chapter 13 debtor.

Fredericksburg Indus., Inc. v. Franklin Int’l, Inc., 911 S.W.2d 518 (Tex. App.-San Antonio 1995, writ denied).

On behalf of furniture manufacturer we sued for economic losses allegedly caused by defective glue. We successfully overturned trial court evidentiary ruling excluding evidence of other delamination occurrences. Case was subsequently settled for six figure amount prior to retrial.

West Anderson Plaza v. Feyznia, 876 S.W.2d 528 (Tex. App.–Austin 1994, no writ).

On behalf of shopping center landlord we defeated claims by tenant of deceptive trade practices and business losses when we established tenant violation of lease covenants.

Parker v. Frost Nat’l Bank of San Antonio, 852 S.W.2d 741 (Tex. App.–Austin 1993, writ dism’d).

On behalf of lender we affirmed validity of foreclosure and recovery of deficiency against claims of defective notice.

Victoria Air Conditioning, Inc. v. Lebco Constructors, Inc., 752 S.W.2d 625 (Tex. App.–Corpus Christi 1988, writ denied).

On behalf of general contractor we successfully defended breach of contract claim by subcontractor which failed to sign proposed construction subcontract.