Significant Victories
W. Dairy Transp., LLC v. Nevil, No. 06-24-00071-CV, 2025 WL 470145 (Tex. App.—Texarkana Feb. 10, 2025, no pet. h.) (mem. op.)
Affirming the denial of Defendants’ motion to transfer venue, finding that the deposition testimony of a defendant’s vice president establishing that the entity’s principal place of business was sufficient to establish venue in Lamar County.
ASM Global LLC, v. Weaver, 705 S.W.3d 355 (Tex. App.—El Paso 2024, no pet.)
Succeeded in obtaining the dismissal of an appeal for lack of jurisdiction over ASM's interlocutory appeal of a plea to the jurisdiction because ASM could not establish that it was an “organ of government” entitled to appeal under Tex. Civ. Prac. & Rem. Code Sec. 51.014(a)(8).
Singleton v. Casanova, No. 22-50327, 2024 WL 2891900 (5th Cir. June 10, 2024).
Successfully defeated officer’s appeal of summary judgment motion on qualified immunity defense, where a San Antonio Police Officer—attempting to conduct a “knock and talk investigation”—began shooting within seconds of opening front door of a home. The officer’s shots barely missed Taylor Singleton, hit Davante Snowden, and killed Charles Roundtree who were at the home. The Fifth Circuit determined that because there were fact issues as to whether the use of deadly force was reasonable, and that because the facts, taken in the light most favorable to the plaintiffs, made this an obvious case in which clearly established law prohibited the use of deadly force, the officer was not entitled to summary judgment on his qualified immunity defense.
Eldorado Homeowners’ Assoc., Inc. v. Clough, No. 05-22-00198-CV, 2024 WL 20170 (Tex. App.—Dallas Jan. 2, 2024, no pet. h.) (mem. op.).
Successfully defended summary judgment, including attorney’s fees, in favor of homeowners related to dispute over retaining wall and declarations making it clear that Association—and not homeowners—is obligated to maintain it.
Bugle Shipping Co. Ltd. v. Sheikh, No. 14-22-00470-CV, 2023 WL 7034213 (Tex. App.—Houston [14th Dist.] Oct. 26, 2023, no pet. h.).
Upholding trial court ruling which denied a defendant’s special appearance in a Jones Act case.
Law Offices of Domingo A. Garcia, P.C. v. Trosman, No. 07-22-00306-CV, 2023 WL 4753775 (Tex. App.—Amarillo July 25, 2023, no pet.).
Reversing judgment in a contract action based on trial court’s denial of a motion to transfer venue.
Olivares v. Chevron Phillips Chem. Co. LP, No. 05-22-00057-CV, 2023 WL 2494533 (Tex. App.—Dallas Mar. 14, 2023, no pet. h.) (mem. op.)
Successfully reversed trial court’s order granting a plea to the jurisdiction in suit to recover personal injury damages against Chevron, holding that Chevron was not entitled to the worker’s compensation exclusive remedy defense because the injured worker, who was an employee of a subsidiary company, was not a deemed employee under Chevron’s OCIP policy.
One World Bank v. Miller, No. 05-21-00705-CV, 2023 WL 333712 (Tex. App.—Dallas Jan. 20, 2023, no pet. h.) (mem. op.)
Successfully defended grant of traditional and no evidence summary judgment in favor of buyer and award of attorney’s fees to buyer in the bank’s suit to sequester a vehicle dealership sold to a buyer in good faith after dealership defaulted on its inventory loan. The court found that a purchase by a buyer in good faith cuts off the bank’s security interest in the vehicle. In a matter of first impression, the court also found that the buyer was entitled to recover his attorney’s fees under Texas Property Code Section 70.008 because the suit was one for possession of a motor vehicle.
Byrd v. Cornelius, 52 F.4th 265 (5th Cir. 2022)
Successfully convinced court of appeals to dismiss officers’ qualified immunity appeal for lack of jurisdiction in light of material factual disputes regarding the officers’ use of force. The Fifth Circuit determined that video of the incident did not conclusively establish reasonable force, and that the law clearly established that officers' use of force was excessive force in circumstances consistent with the Plaintiff's version of events.
Crane v. City of Arlington, Tex., 50 F.4th 453 (5th Cir. 2022), cert. denied sub nom. City of Arlington v. Crane, 144 S. Ct. 342 (2023)and cert. denied sub nom. Roper v. Crane, 144 S. Ct. 342 (2023)
Successfully reversed trial court’s grant of summary judgment to police officer, holding that the officer was not entitled to summary judgment on his qualified immunity defense when he shot and killed an unarmed driver during a pretextual traffic stop.
Wheeler v. State, 616 S.W.3d 858 (Tex. Crim. App. 2021)
Obtained petition for review of Court of Appeals' decision that affidavit was not properly sworn.
Hallman v. State, 620 S.W.3d 931 (Tex. Crim. App. 2021)
Successfully obtained reversal and remand of Court of Appeals' decision that the State had failed to timely disclose evidence.
Maxion v. State, No. 02-18-00176-CR, 2019 WL 3269324 (Tex. App.—Fort Worth July 18, 2019, pet. ref’d) (en banc)
Obtained reversal on en banc reconsideration holding that issue previously decided on appeal was not properly raised.
Texas Dept. of Public Safety v. Randolph, No. 02–13–00025–CV, 2014 WL 1875826 (Tex. App.—Fort Worth May 8, 2014, pet. denied) (mem. op.)
Successfully defended against petition for discretionary review in the Texas Supreme Court finding that the trial court correctly interpreted the State’s statutory conceal-carry requirements.