Congratulations to Peter Kelly who, on July 26, 2016, successfully upheld a commercial verdict in the Fourteenth Court of Appeals. The case–a commercial fraud-by-nondisclosure case involving the development and operation a fried chicken franchise–involved a duty to disclose on the part of the defendants that arose when the defendants only partially disclosed the ownership of the real property on which the store as built. Peter successfully convinced the Court of Appeals to uphold nearly $600,000 in damages, including $100,000 in exemplary damages. You can read the opinion here.
Congratulations to Dava Greenberg-Spindler and Kirk Pittard who won a family law case yesterday in the Fort Worth Court of Appeals. Dava and Kirk represented the parents of a child. The child’s grandparents filed a suit affecting the parent-child relationship (SAPCR) seeking managing conservatorship over the child. Dava and Kirk successfully convinced the court of appeals that the grandparents did not have standing to file the SAPCR because they did not have actual care and control over the child for the statutory required six months. Therefore, the child gets to stay with her mother and father. You can read the opinion here.
Congratulations to KD&P associate, Morgan McPheeters, who successfully convinced Houston’s First District Court of Appeals to affirm the trial court’s ruling, allowing her client’s personal injury claims against the City of Houston to proceed. After a police dog attacked and injured his minor son, Jesus Roman filed suit against the City of Houston, alleging that the Houston police officers charged with handling the dog were negligent. The City, however, claimed it was immune from suit under the Texas Tort Claims Act because the officers’ conduct was actually an intentional tort for which cities are immune from suit. The court of appeals rejected the City’s argument, holding that the injuries caused by the police dog were claims arising out of the City’s negligent use of tangible personal property—claims for which the Act allows the City to be sued. You can read the court of appeals’ opinion here.
KD&P’s loss would be the Fourteenth Court of Appeals’ gain. KD&P’s Houston partner, Peter M. Kelly, was recently asked to be the Democratic candidate for one of the positions on Houston’s Fourteenth Court of Appeals, and will be on the ballot in this November’s election. John Council wrote an article in this month’s Texas Lawyer that details the how and why Peter was asked to throw his hat in the ring. You can read the article here.