Significant Victories

Appellate Victory, Thad Spalding Lance Barclay Appellate Victory, Thad Spalding Lance Barclay

BoRain Capital, LLC v. Hashmi, 533 S.W.3d 32 (Tex. App.—San Antonio 2017, pet. denied)

Successfully challenged trial court’s grant of judgment notwithstanding a verdict following a jury trial in which the jury determined there to be no contract between BoRain and Hashmi.  The court of appeals found that the trial court erred in granting judgment notwithstanding the verdict, reversed the trial court's judgment, and rendered judgment that Hashmi take nothing.

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Appellate Victory, Thad Spalding Lance Barclay Appellate Victory, Thad Spalding Lance Barclay

Autosource Dallas, LLC v. Addison Aeronautics, LLC, No. 05-16-00838-CV, 2017 WL 2492787 (Tex. App.—Dallas June 9, 2017, no pet.) (mem. op.)

Successfully defended summary judgment in favor of landlord for unpaid rent by commercial tenant who terminated lease early, but failed to pay full amount of rent owed.  Tenant argued that landlord did not sufficiently mitigate its damages by giving new tenant first two months free, and therefore was not required to pay rent it owed for those months.  The Dallas Court of Appeals rejected this argument.

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Appellate Victory, Thad Spalding Lance Barclay Appellate Victory, Thad Spalding Lance Barclay

State v. T.S.N., 523 S.W.3d 171 (Tex. App.—Dallas 2017), aff'd, 547 S.W.3d 617 (Tex. 2018)

In a case of first impression, the court of appeals affirmed an order granting the expunction of records relating to an arrest for felony aggravated assault for which T.S.N. was subsequently acquitted.  The State, claiming that the entire expunction statute is “arrest based,” argued that the records could not be expunged because, when T.S.N. was arrested, she was also arrested on a totally unrelated misdemeanor theft charge to which she ultimately pled guilty.  The court of appeals rejected this “arrest-based” interpretation, concluding that, based on the plain language of article 55.01(a)(1) of the Code of Criminal Procedure, a guilty plea to a wholly unrelated offense does not prohibit the expunction of records related to the acquitted offense, even where the arrest arises out of both.

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Appellate Victory, Kirk Pittard Lance Barclay Appellate Victory, Kirk Pittard Lance Barclay

D.A. v. Texas Health Presbyterian Hosp. of Denton, 514 S.W.3d 431 (Tex. App.—Fort Worth 2017, pet. filed)

Reversed and rendered judgment following permissive appeal, holding that section 74.153 of the Civil Practice and Remedies Code, which applies a lower “willful and wanton” standard of care to medical care provided in a hospital emergency room does not apply to medical care provided an expectant mother in an obstetrical unit.

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Appellate Victory, Thad Spalding Lance Barclay Appellate Victory, Thad Spalding Lance Barclay

In the Interest of P.M.K., No. 05-15-01181-CV, 2017 WL 462343 (Tex. App.—Dallas Jan. 30, 2017, no pet.)(mem. op.)

Successfully defended Texas and Louisiana courts' determination that, while Texas court had jurisdiction as the child’s “home state” under the Uniform Child Custody Jurisdiction and Enforcement Act, Louisiana court was the more convenient forum and therefore could exercise jurisdiction over child custody determination.

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Appellate Victory, Thad Spalding Lance Barclay Appellate Victory, Thad Spalding Lance Barclay

Hornbuckle v. Keller Williams Realty, No. 02-15-00398-CV, 2016 WL 7405807 (Tex. App.—Fort Worth Dec. 22, 2016, no pet. h.) (mem. op.)

Dismissing appeal pursuant to vexatious litigant statute, where Hornbuckle repeatedly filed lawsuits contesting the foreclosure on a specific piece of real property in Arlington, Texas, including this case.  The court of appeals concluded that the trial court’s dismissal of the underlying lawsuit was proper, and dismissal of Hornbuckle’s appeal was proper pursuant to Texas Civil Practice and Remedies Code Ch. 11.

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Appellate Victory, Thad Spalding Lance Barclay Appellate Victory, Thad Spalding Lance Barclay

Young v. Pulte Homes of Tex., L.P., No. 02-14-00224-CV, 2016 WL 4491517 (Tex. App.—Fort Worth Aug. 26, 2016, no pet.) (mem. op.)

In a personal injury case arising out of faulty construction of family’s new home, the court of appeals reversed the trial court’s judgment which dismissed the parents’ claims for failing to disclose the claims in bankruptcy. The court of appeals also reversed the trial court’s award of sanctions under the DTPA, finding that the children’s DTPA claims were not groundless.

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Appellate Victory, Kirk Pittard Lance Barclay Appellate Victory, Kirk Pittard Lance Barclay

In the Interest of H.S., a minor child, No. 02-15-00303-CV, 2016 WL 4040497 (Tex. App.—Fort Worth July 28, 2016, pet. granted) (mem. op.)

In suit affecting the parent-child relationship (SAPCR) in which grandparents sought managing conservatorship over the child, court of appeals concluded 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.

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Appellate Victory Lance Barclay Appellate Victory Lance Barclay

City of Houston v. Roman, No. 01-15-01042-CV, 2016 WL 3748851 (Tex. App.—Houston [1st Dist.] July 12, 2016, no pet.) (mem. op.)

Affirming trial court’s denial of City’s plea to the jurisdiction arising out of injuries suffered when a City of Houston police dog attacked and injured a minor.  The court of appeals held that use of the police dog was not an intentional tort, but the negligent use of tangible personal property for which the Texas Tort Claims Act waived immunity.

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Luig v. North Bay Enters., Inc., 817 F.3d 901 (5th Cir. 2016).

In a breach of contract case arising out of the sale of a helicopter, the Fifth Circuit vacated the District Court’s sua sponte grant of summary judgment against the buyer on a notice of revocation/rejection of acceptance issue never raised by the seller, finding that the District Court abused its discretion by not considering the evidence of rejection or revocation presented by the buyer in its Rule 59(e) motion.

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