Significant Victories
In re Brittingham, 319 S.W.3d 95 (Tex. App.—San Antonio 2010, orig. proceeding) (mem. op.)
Granting of motion to disqualify relator’s counsel on ground that counsel, a former justice, before leaving the bench had adjudicated a portion of the dispute in an earlier proceeding.
Elliott v. Hollingshead, 327 S.W.3d 824 (Tex. App.—Eastland 2010, no pet.)
Reversing trial court’s forfeiture of a plaintiff’s attorney’s fees.
In re Professional Pharmacy II, No. 02-10-163-CV, 2010 WL 3718946 (Tex. App.—Fort Worth Sept. 23, 2010, orig. proceeding) (mem. op.)
Issued mandamus requiring a jury trial rejecting argument that a signed arbitration provision constituted a jury waiver.
Smith v. Shipp, No. 05-09-01204-CV, 2010 WL 2653733 (Tex. App.—Dallas July 6, 2010, no pet.) (mem. op.)
Reversing a case that had been dismissed for want of prosecution.
UHS of Timberlawn, Inc. v. S.B., a Minor, 281 S.W.3d 207 (Tex. App.—Dallas 2009, pet. denied)
Affirming denial of a motion to dismiss based on a challenge to an expert report in a medical malpractice case.
Wal-Mart Stores Texas, LP v. Crosby, 295 S.W.3d 346 (Tex. App.—Dallas 2009, pet. denied)
Upholding an $869,200 judgment for personal injuries sustained when the plaintiff was hit in the back by a pallet jack being driven by a Wal-Mart employee.
Reeder v. Trinity Industries, Inc., 294 S.W.3d 851 (Tex. App.—Dallas 2009, pet. denied)
Reversing a summary judgment and an $829,816 judgment on counterclaims asserted against a plaintiff in a commercial real estate case.
In the Matter of B.B.M., 291 S.W.3d 463 (Tex. App.—Dallas 2009, pet. denied)
Reversing a jury verdict in which a jury had awarded managing conservatorship of a child to a non-parent couple instead of to the natural father.
Knapp v. Wilson N. Jones Mem'l Hosp., 281 S.W.3d 163 (Tex. App.—Dallas 2009, no pet.)
Reversing and remanding a $1,070,643 judgment based on a counterclaim asserted against the Plaintiff for claims of breach of contract, breach of fiduciary duty, fraud, and negligence.
Ferguson v. Building Materials Corp. of Am., 295 S.W.3d 642 (Tex. 2009)
Reversing a summary judgment granted against a personal injury plaintiff based on the doctrine of judicial estoppel due to an inadvertent omission in a bankruptcy filing.
In re Deere & Co., 299 S.W.3d 819 (Tex. 2009) (orig. proceeding) (per curiam)
Rejecting John Deere’s argument that a discovery order covering multiple makes and models of equipment was overly broad and unduly burdensome and establishing that a defendant bears the burden of proving the bases for objections raised in discovery.
Benish v. Grottie, 281 S.W.3d 184 (Tex. App.—Fort Worth 2009, pet. denied)
Affirming denial of motion to dismiss based on challenge to an expert report in a medical malpractice case. Also holding that an expert need not opine as to willful and wanton negligence in a chapter 74 report despite argument that case is governed by the Emergency Room statute.
City of Irving v. Seppy, 301 S.W.3d 435 (Tex. App.—Dallas 2009, no pet.)
Affirming the denial of a plea to the jurisdiction filed by the City of Irving based on a claim of sovereign immunity.
Vestal v. Wright, No. 2-08-237-CV, 2009 WL 2751020 (Tex. App.—Fort Worth Aug. 31, 2009, pet. denied) (mem. op.)
Affirming denial of a doctor and his urology group’s motion to dismiss based on a challenge to an expert report in a medical malpractice case.
In re Brittingham-Sada, No. 04-09-00488-CV, 2009 WL 2568341 (Tex. App.—San Antonio Aug. 19, 2009, orig. proceeding) (mem. op.)
Defeating attempt to dismiss case on personal and subject-matter jurisdictional grounds.
In re Brittingham-Sada, No. 04-09-00480-CV, 2009 WL 2517110 (Tex. App.—San Antonio, Aug. 12, 2009, orig. proceeding) (mem. op.)
Defeating mandamus attempt to avoid discovery on jurisdictional grounds.
Texas Mut. Ins. Co. v. Durst, No. 04-07-00862-CV, 2009 WL 490056 (Tex. App.—San Antonio Feb. 25, 2009, no pet.) (mem. op.)
Affirming judgment after jury verdict in workers compensation judicial review case.
In re Brittingham-Sada, No. 04-08-00688-CV, 2009 WL 263361 (Tex. App.—San Antonio Feb. 4, 2009, orig. proceeding) (mem. op.)
Defeating mandamus attempt to dismiss case on forum non conveniens grounds.
State ex rel. CYFD v. John R., 203 P.3d 167 (N.M. Ct. App. 2009)
Reversing termination of father’s parental rights where district court erred in failing to appoint counsel for child who was over the age of 14, even where child had a disability and was not functioning at the mental age of 14; holding that father had standing to raise the right-to-counsel issue on behalf of his child.