Recent Rulings
CC07-07953-C Greg and Wendy Weaver V. W. David Holliday
Trial - Plaintiffs prevail on Breach of Fiduciary Duty, professional negligence, Fraud, & DTPA claims, including "knowing" Conversion - deny; Damages: disgorge fees less medical expenses paid; Attorney fees $30K, appeal $10K, Sup Ct. $3500, Sup Ct. writ granted $10K; no emotional distress
cc08-00689-C Mark Leitgeb Enterprises, Inc. et al V. Carroll Shelby. et al.
Plaintiffs Bartee and Leitgeb Enterprises Motion for Partial Summary Judgment on Partnership by Estoppel - deny; Defendants Motion for Partial Summary Judgement against Bartee and Leitgeb Enterprises - deny
cc08-09047-C Longhorn Fabrication & design Inc. vs. B&B Armr Corporation
Trial - $85, 340.48 in damages to P, $48,699 Attorney Fees and expenses + $15 K appeals, $7500 Pet. Sup. Ct.
08=08394-C Cedar Park Shopping Center Joint Venture V. Texas National Financial, Inc. et al
Plaintiff's MSJ - Deny
07-14556-C The Frey YoungGroup LLC vs. PNB Financial Bank
Defendant's MSJ - Grant DTPA, B/K, negl and gross negligence (withdrawn? and if not, grant), Grant Tex. Bus. & Com. Code 4.202 and 4.215. Deny on Tex. Bus. & Com. Code Stuatory Negl 4.103.
Plaintiff's MSJ - Deny
07-075990C Mark Sams and Terri Ham Crowder V. Keisha Dennie
Trial - Plaintiff to recover $5,225.00 past due rent, $150 water bill, personal property loss a) property $1025 b) repairs $3,982, attorney fees $4500 + $6,000 appeals, $800 petition for review, $3,000 Sup Ct.
06-04473-C Varughese T. Mathai V. Angela P. Walton
Trial - Defendant 100% negligent. Med. Damages $8,125 Pain & Suffering $1,000
07-02520-C Thomas J. Dodd V. Turtle Creek North Condominium Association, individual directors of Turtle Creek North Condominium Association, et al
Defendants' (TCNC Assn and Directors) Motion For Summary Judgment - grant as to negligence and as to fiduciary duty as to all individual Bd/Officers & the Declarant Turtle Creek North, Inc., and all successors and assigns
08-01868-C Frank Frazier, III V. Kristin E. Mack
Special Appearance - denied
03-04318-C James E. Thomas and Anne Charron-Thomas V. Omar Investments, Inc.
Trial- Additional damages for Plaintiff in the amount of $12,200.58 under the DTPA and $22,500 attorney fees + court costs
06-15900-C Marshall Hess, et al V. Highland Capital Management, L.P., et al
Defendants' Motion For Summary Judgment - denied
Plaintiffs' Cross-Motion For Partial Summary Judgment On Their Claims For Breach of Contract - grant as to establishing that Highland Capital did not have discretion to disregard the compensation formulas contained within the 2005 HCREG Incentive Plan; deny as to Highland Capital anticipatorily repudiating its obligations to make payments in accordance with those compensation formulas
07-13071-C Nationwide Mutual Ins. Co. as subrogee of Matthew Bryant Garrett V. Maurice Edwin Moore, Jr.
Trial. Found liability as to Defendant. Plaintiff is awarded $10,592.66 in property damages.
06-01840-C Robert C. Sullivan V. Pam Elaine White
Defendant's Motion To Enter Judgment & Plaintiff's Motion To Enter Judgment - No Attorney Fees to Defendant; advisement as to costs pending further hearing
05-12672-C Eric D. Fein, P.C. & Associates V. Carl Ray Young and Sharon Dee Young V. Eric D. Fein
1) Plaintiff's Motion for Rehearing on Plaintiff's No-Evidence Motion For Summary Judgment re. fiduciary duty - grant ;2) Plaintiff's No-Evidence Motion For Summary Judgment re. fiduciary duty issue - grant; 3) Third-Party Defendant's No-Evidence Motion For Summary Judgment re. fiduciary duty issue - grant
06-14189-C Stuart A. Jones V. Four Seasons Oil Co., Ltd.
Motions to Transfer - Denied
06-17738-C Eric D. Fein, P.C. & Associates V. Werner Scott and Advantage Marketing Group, Inc. d/b/a AMG
Motion for New Trial - granted
04-04453-C Jose Hernandez V. Pulte Homes of Texas, L.P., et al
Trial - Plaintiff take nothing
06-04273-C Perez, et al V. Trustreet Properties, Inc., et al
Defendant's Motion To Transfer Venue - Deny
06-15900-C Hess, et al V. Highland Capital Management, et al
Defendant's Temporary Injunction - Deny
03-04318-C James E. Thomas and Anne Charron-Thomas V. Omar Investments, Inc., et al
Trial - P's causes of action $30,500 attorney fees
06-18357-C Steven Gatens V. D. L. West, QCF, et al V. Wm. B. Ennis, et al
Trial - P's B/K on promissory note for $450,000 + $48,583.38 prejudgment interest + approx. $65,000 AF, $15K app., $15K Sup Ct.; no fradulent inducement; Defendant's take nothing on counter and cross claims
Note: The transcript will be reviewed to get the final numbers
05-07415-C Irvings Holding Inc. V. SBC Communications Inc.
Defendant's Motion for Summary Judgment - grant
05-12672- C Eric D. Fein, P.C. & Assoc V. Carl Ray Young and Sharon Dee Young
Plaintiff/Counter-Defendant's Motion For Summary Judgment - deny in part as to 1) DTPA and 2) fiduciary duty
05-17191-C Michelle Rene Wallis V. City of Garland
Defendant's Motion for Summary Judgment -
Granted In Part With Respect to the cap under Tx. Civ Prac and Rem Code 101.021.
06-04420-C Jose DeLeon, Carlos Garcia, Francisco Guerra V. Snavely Building Company and Davis Motor Crane Service, Inc. V. Bratton Steel And Tommy Searcy d/b/a TWS Construction Services
Third-Party Defendant Tommy Searcy's Third Motion To Comel - denied
07-02778-C Roy Smith d/b/a ZBAS Transmission, plaintiff V. Harold Lewis, defendant and counter-claimant
Bench Trial. Plaintiff take nothing. Defendant and counter-claimant - $2,034.06 damages with attorney fees in the amount of $6,750.00, and conditional attorney fees in the amount of $5,000.
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