Track Record

Defendant

Facts: Our client purchased a home health business.  Several months after running the business, our client learned that he had been duped and defaulted on the promissory note.  The plaintiff sued our client, and we filed a counterclaim.  The case was called to trial and settled in the middle of trial.

Cause No. 16-DCV-235079; Fillingame Enterprises, LLC v. Joshua M. George, et al.; In the 240^th Judicial District Court of Fort Bend County, Texas.

Result: Confidential Settlement

Plaintiff

Facts: Our client was injured by a semi-truck driver while driving his motorcycle.   The insurance company refused to settle, requiring our client to file suit.  The insurance company claimed there were “witnesses” even though none were listed on the police report.  During our investigation of the case, we discovered that the “witnesses” were professional witnesses who had no knowledge of the details of the accident.

Cause No. 2017-73825; Trevor Pope v. Harvey Smith and Builders Transportation Company, LLC; in the 157^th Judicial District Court of Harris County, Texas

Amount Received: Confidential Settlement

Plaintiff

Facts: Our client was a minor child, who was a passenger in auto accident, and who suffered a torn ACL. The case resulted in a confidential settlement.

Result: Confidential Settlement

Amount Client Received: Confidential Settlement

Plaintiff

Facts: Our client suffered decubitus ulcers at a skilled nursing home facility as a result of lack of care and attention by the facility. The case resulted in a confidential settlement.

Result: Confidential Settlement

Amount Client Received: Confidential Settlement

Plaintiff

Facts: Large bank reported incorrect information on client’s credit report, causing client difficulties and increased cost in obtaining loans. The case resulted in a confidential settlement.

Result: Confidential settlement

Amount Client Received: Confidential settlement

Plaintiff

Facts: Our clients sought to recover damages from their daughter’s death in auto-pedestrian accident. The opposing party alleged that client was jaywalking. The case resulted in a confidential settlement.

Result: Confidential settlement

Amount Client Received: Confidential settlement

Plaintiff

Facts: Our clients sought to recover for death of their teenage child in auto accident. The case resulted in a confidential settlement.

Result: Confidential settlement

Amount Client Received: Confidential settlement

Plaintiff

Facts: Our clients had purchased a home, and they hired a contractor to demolish the home on their property and construct a new home. The contractor’s work had numerous defects, and the contractor overcharged the clients. Our clients also loaned money to the contractor for completion of the job, which the contractor did not repay. Following a jury trial, our clients were awarded a judgment in the amount of $318,566.64. The judgment was settled pursuant to a confidential settlement agreement.

Result: Confidential settlement.

Amount Client Received: Confidential settlement.

Plaintiff

Facts: Client filed suit to recover partnership interest from partner who denied the existence of a partnership in a tile and carpet installation business. Although the client was not listed as an owner on tax forms, our investigation uncovered a lawsuit filed by the defendant in which he identified our client as “my partner”. The case resulted in a confidential settlement.

Result: Confidential settlement

Amount Client Received: Confidential settlement

Plaintiff

Facts: Our client jewelry store had used an insurance agent to purchase an insurance policy to cover his jewelry inventory. However, the insurance policy provided to client had a hidden limit of $2,500 for jewelry, and client should have been sold a “jeweler’s block” policy that would have covered his inventory. When client was robbed and $159,630 of jewelry was stolen, client sought coverage and was only provided $2,500 in coverage. The case was settled on confidential terms.

Result: Confidential settlement

Amount Client Received: Confidential settlement

Plaintiff

Facts: Our client is an investment company that purchased convenience stores. The convenience stores were to be run by an individual, who also became an owner of the investment company. The convenience stores failed and went to foreclosure. Our research revealed that the individual running the business was using the proceeds from the business to pay for his personal expenses and his personal credit cards. We filed suit against him for fraudulently transferring money from the company to himself and his family members. We estimate that the amount siphoned from the businesses was approximately $500,000.

Result: The case was settled

Amount Client Received: We have so far recovered $285,650.01, from which $200,000 was returned to our client, and $85,650.01 was paid toward attorney’s fees and expenses. Provisions have been made in the settlement agreement for an additional payment of $879,934.65 to be made through insurance policies.

Plaintiff

Facts: Our client had purchased a used vehicle from a car dealer for $5,200, and it was not disclosed to our client that the vehicle had been previously in a wreck and was dangerous to drive. Also, the finance company involved charged our client usurious interest. The case resulted in a settlement in the amount of $50,000.

Result: Car dealer and finance company agreed to pay $50,000

Amount Client Received: $29,400

Plaintiff

Facts: Our client, a company that operates, maintains, and manages water and wastewater systems, performed work on a wastewater system for an apartment complex. The complex reneged on its agreement to pay $28,997.04.

Result: Settlement

Amount Client Received: Our client recovered $25,297.59. Our client incurred attorney’s fees of $5,681.25.

Plaintiff

Facts: Our client had hired a debt collection agency, but the debt collector refused to pay client the money collected on behalf of our client. Our client filed suit for $15,662.00. Shortly after filing suit, the debt collector contacted our office and told us that he would drown us in legal work and drown our client in legal costs. We told him to bring it on, because we would seek to hold him responsible for all of our client’s fees. The very next day, the debt collector had a check delivered to us for the full amount for which our client had sued, plus attorney’s fees and costs. Upon conclusion of the case, our client gave us the following endorsement:

“April 2008, we turned a couple of accounts to Chasemax to collect for us. In May, one of our customers paid them $14,000. Chasemax didn’t inform us they had received this money. The only reason we became aware of it was because our customer called and told us.

For several months, we called Chasemax, that was by that time, taken over by Rothman & Wise (but had the same owners & employees that were at Chasemax). If they did accept our phone calls, they were very rude to us. If we left a message, they never returned our calls. So finally we retained a lawyer in Houston and he was able to collect 100% of what Chasemax had received from our customer and all of our legal costs.”

Result: Settled for full amount.

Amount Client Received: Client received client’s full $15,662.00 sought, plus a reimbursement of all of client’s legal fees and costs.

Plaintiff

Facts: Our client was a consultant for company that managed franchised gas stations, who refused to pay for client’s services. Our client was owed $11,297.70, and suit was filed for such amount. The opposing party failed to appear in the lawsuit, and a default judgment was entered in the full amount sought. The judgment was collected in full when a writ of execution was served. Upon conclusion of the case, the client endorsed our firm as follows:

“I hired Roger to collect money that was owed to my company. He relentlessly pursued my case to a judgment, and he collected every penny owed to me, with interest, and with all of the attorney’s fees I paid him. He told me that he could make no guarantees, but he came through! I was pleasantly surprised, and I would use his firm again!!”

Result: Default judgment for full amount sought, plus attorney’s fees and court costs.

Amount Client Received: Client received the full $11,297.70 that was owed to client, together with a reimbursement of all attorney’s fees and costs that client had paid.

Plaintiff

Facts: Our client loaned $50,000 to his friend, who invested in real estate, because she had fallen on hard times. When the friend failed to repay the outstanding loan balance of $37,500, following a demand letter and numerous promises to repay him, we filed a lawsuit.

Result: The defendant chose not to contest the lawsuit, resulting in a judgment for our client.

Amount Client Received: Our client was awarded a judgment for $66,380.95 plus interest and court costs, and $2,136.75 in attorney’s fees. After the judgment was entered, the defendant agreed to make automatic monthly payments directly from her bank account. So far, our client has recovered $1,500 in addition to $1,250 in attorney’s fees.

Plaintiff

Facts: Our client hotel had a mechanic’s lien asserted against it by a vendor. Our client maintained that the items listed in the mechanic’s lien were never delivered. We filed suit seeking a removal of the mechanic’s lien. Our motion for summary judgment was granted, and the court ordered that the lien be removed. This removed the cloud on the title that the lien had created.

Result: Summary judgment in favor of our client for removal of the mechanic’s lien.

Amount Client Received: Removal of the lien.

Facts: Our clients were sued for a $194,411.24 bank note and personal guaranty. Our clients counterclaimed on the basis that the bank had seized our clients’ business assets to satisfy the loan before clients had breached the loan agreement, and caused our clients’ business to end prematurely.

Result: Both sides agreed to take nothing on their claims, and the bank received no money from client as a result of the lawsuit.

Amount Client Received: n/a

Defendant

Facts: Our client was sued for $101,284.32 bank note and personal guaranty. Client had money withdrawn on a line of credit without client’s permission or consent. When this information was brought out, the bank dismissed the lawsuit.

Result: Case dismissed by bank

Amount Client Received: n/a

Defendant

Facts: Our client and our client’s fellow business owner were sued by their bank for a $60,000 personal guaranty. We did not represent the other defendant. After approximately six months of litigation, the bank agreed to settle with our client for $3,000. The bank did not provide a reason why it accepted the reduction; however, the bank maintained the right to pursue its remedies against the other business owner.

Result: Settled for client’s payment of $3,000

Amount Client Received: n/a

Defendant

Facts: Our client had a judgment against him for a debt that he owed in the amount of $33,224.95 plus interest, and he received a notice of garnishment from his bank that his accounts and assets had been frozen. Our research revealed that he was never served with the lawsuit, and the process server who claims to have served him has since had her licensed revoked for giving false testimony that she had served other defendants.

Result: The judgment was set aside, the garnishment was lifted, and our client agreed to a confidential settlement.

Amount Client Received: Confidential

Defendant

Facts: Our client was a sales representative for real estate investments overseas. Our client and the plaintiff became partners in several of these investments. The plaintiff later alleged that our client had not paid him his return on certain investments. Our client filed a counterclaim because the plaintiff had also not paid our client commissions earned on another group of these investments.

Result: Confidential settlement

Amount Client Received: Confidential settlement

Defendant

Facts: Our client was a car repair shop that was sued for $20,000. The Plaintiff alleged that our client had fraudulently signed insurance check and had failed to complete repairs properly (some were incomplete and others had to be redone because of poor quality work or improper parts). Our client responded that the check was not forged, and only a very small amount of repairs had not been completed.

Result: Settled for $500 payment by our client.

Amount Client Received: n/a

Defendant

Facts: Opposing party sought approximately $20,000 from client based on an allegation of fraud in connection with the sale of a home. The opposing party alleged that she had signed over the deed to her home to a third party in exchange for a promise made by a third party that he would sell the home and pay off the mortgage. The third party transferred the deed to our clients, and while our clients owned the property, the property was foreclosed by the lender. The opposing party sought approximately $20,000 in damages based on the fact that the home was not sold and had been foreclosed and that our clients had failed to forward rent payments collected during their ownership.

Result: Case settled for client’s payment of $1,000 and the third party’s payment of $1,000.

Amount Client Received: n/a

Defendant

Facts: Our client is a convenience store owner who was sued for unpaid lease payments for a shaved ice machine. The Plaintiff sought $16,694, and our client had previously written a check for $900 on which he wrote “final settlement”.

Result: The case was settled for $1,000

Amount Client Received: n/a

Defendant

Facts: Our client was sued by Yellow Book for advertising services. However, the ads placed by Yellow Book were never approved by the client, and included incorrect information.

Result: Our client paid $1,750 of the total $5,260 sought by the plaintiff.

Amount Client Received: n/a

Defendant

Facts: Our client was sued for $10,829, plus attorney’s fees, court costs, and interest for rental of heavy equipment. We filed a counterclaim based on the rental company’s failure to provide functioning equipment.

Result: The case settled for our client’s payment of only $2,000 in installments, interest free.

Amount Client Received: n/a

Defendant

Facts:  Our client was sued by his attorney for $5,069 in unpaid attorney’s fees. Prior to hiring us, our client confirmed that he would settle for $2,500, but he changed his mind. The attorney’s invoice contained inconsistencies and matters for which he should not have billed, and we argued that his bill was unconscionable.

Result: The case was settled for our client’s payment of $700.

Amount Client Received: n/a

Defendant

Facts: Our client hired O’Connor & Associates to contest his property tax appraisal. When our client did not pay the percentage of the tax savings that was required, O’Connor & Associates filed suit against our client. However, our client filed a counterclaim alleging that O’Connor & Associates had failed to represent our client in a subsequent year, which resulted in our client’s tax rate being locked in at a higher rate and increasing our client’s tax liability by $317 per year. O’Connor & Associates failed to appear at trial, and its claims were dismissed, and we proved our client’s counterclaim. Our client obtained a judgment in the amount of $4,755.00, plus his $2,500.00 in attorney’s fees. The judgment was collected in full, with interest.

Result: Plaintiff took nothing on its claims, and our client was awarded $7,255. The judgment, plus interest, was paid in the amount of $7,630.35.

Amount Client Received: Client was paid his full damages and interest in the amount of $5,130.35.

Defendant

Facts: Client was accused by condominium association of failing to pay dues. However, client had previously entered into a settlement agreement with the association and was making payments pursuant to the agreement. Our client filed a counterclaim alleging breach of the agreement to pay the dues (by filing the lawsuit in the first place). The association immediately agreed to reimburse our client’s attorney’s fees and dismiss the suit.

Result: Condominium association paid all of client’s attorney’s fees through settlement.

Amount Client Received: Client’s attorney’s fees were fully reimbursed.

Defendant

Facts: Client real estate appraiser was accused of artificially inflating property appraisal values. Our client had been hired by a bank to do appraisals prior to sales of homes, and when the home purchasers were unable to make their payments, our client was accused by the bank of providing inflated appraisals. The bank voluntarily dismissed the case after approximately 5 months of litigation, but did not provide a reason for doing so.

Result: Dismissed by Plaintiff

Amount Client Received: n/a

Defendant

Facts: Our client dental practice was sued for dental malpractice relating to dental veneers. Texas law required that an expert report and resume of an expert be filed within 120 days of the lawsuit being filed, and the Plaintiff filed an expert report, but did not file the resume. We filed a motion to dismiss on the basis that the resume was not filed. The Plaintiff agreed to dismiss her case and paid $1,000 in attorney’s fees.

Result: Dismissed

Amount Client Received: n/a

Defendant

Facts: City of Houston filed suit against client seeking an order stopping client from using residential property for commercial purposes and $1,000 per day of violations.

Result: Client agreed to an order directing client not to use property for commercial purposes, and City agreed to waive penalties.

Amount Client Received: n/a

Defendant

Facts: Our client was a dentist who was sued in small claims court. The plaintiff failed to file an expert report.

Result: The case was voluntarily dismissed by the plaintiff, with no payment by our client.

Amount Client Received: n/a

Defendant

Facts: Our clients were running a non-profit event, and they refused to allow a disreputable individual to have a booth to advertise to the guests. The individual filed suit, alleging breach of contract, defamation, and several other causes of action. However, no agreement existed, and the individual had no damages. His lawsuit followed a pattern of groundless lawsuits that he filed across the country.

Result: Not only was the lawsuit dismissed, but also, based on extensive research of other lawsuits, we requested and were granted an order that made the individual one of the eleven people who were declared to be vexatious litigants in Texas courts in 2013.

Amount Client Received: n/a

Defendant

Facts: Our client was sued for legal fees by his previous attorney. We showed that a previous dispute between the Plaintiff and Defendant was dismissed “with prejudice” – meaning the lawsuit could not be re-filed. When we provided this information, the lawsuit was quickly dismissed.

Result: Dismissed by Plaintiff

Amount Client Received: n/a

Defendant

Facts: Our client is an apartment owner that was sued by a tenant claiming that his vehicle was wrongfully towed. We alleged statutory defenses based upon the fact that our client did not own the apartment complex at the time of the tow.

Result: The case was dismissed by agreement, with no payment by our client

Amount Client Received: n/a

Defendant

Facts: Our clients were nurses who were immigrating to the United States. They had agreed to work for a nursing placement agency. The contract contained a provision stating that they would have to pay liquidated damages in the event that they discontinued work for the agency. The amount that they were to be paid was well below market value. Our clients stopped working for the agency, and the agency sued them. Our clients counterclaimed on the basis that they were underpaid, and that such underpayment violated immigration laws. The case was tried to a jury, which found that neither party was liable to the other. As a result, our clients were not liable for the liquidated damages sought.

Result: Clients were not held liable for liquidated damages

Amount Client Received: n/a

Defendant

Facts: Our clients were two of three partners of a business. The third partner had an injury, and failed to return to the business after recovery. Prior to the injury, this partner had begun treating the other two partners poorly. When the injured partner threatened to harm the business, our clients shut out the third partner. The third partner sued, claiming oppressive treatment by our clients. The dispute settled, whereby our clients agreed to sell their interest to the third partner. However, the settlement funds could not come from the business account. After payment was made, our research established that the third partner had paid from the business’s funds. We challenged her purchase, and based upon the evidence we gathered, our clients got the business back – 100% in their name – in a pretrial settlement, with no payment to the third partner.

Result: The case was settled, where by our clients got the entire business with no payments made for the same.

Amount Client Received: The other party’s share of the business. Our clients paid $20,444.49 in attorney’s fees, and they estimate that the value of the share of business recovered was $100,000.

Defendant

Facts: Our client, a residential landlord, withheld portions of the security deposit as authorized by the lease agreement.  The tenants sued arguing that they should have received their full security deposit and further argued that the portion withheld was done in violation of the Property Code.  The tenants asked for 3 times the amount of the security deposit plus attorney’s fees.

Cause No. 1087021; Jordan Watwood and Joanna Watwood vs. Chris M. Chow and Zing Ventures, LLC dba Zing Property Management; In the County Court at Law No. 3 of Harris County, Texas

Amount Received: Confidential settlement

Plaintiff

Facts: Our client was a business owner who hired contractors to build a luxury RV park.  The contractors performed shoddy work and we filed suit.  The earthwork contractor failed to follow the plan details regarding dirt compaction resulting in dirt sinking and causing damage to concrete and underground utilities.  Defendants blamed our client for being cheap and not wanting to pay for appropriate soil reports and soil tests.  After a 3-week trial, the jury found the earthwork contractor 100% responsible and awarded damages.

Cause No. 2016-45691; Via Bayou, Inc. v. Maria Richbourg, et al.; In the 269th Judicial District Court of Harris County, Texas.

Result: Favorable jury verdict

Amount Received: Confidential Settlement

Defendant

Facts: Our client was a hotel that had a mechanic’s lien asserted against it for $18,134.33. The claim was settled shortly after litigation began.

Result: Settled for $10,000

Facts: Our client was a hotel that had a mechanic’s lien claim asserted against it for $39,043.02. We discovered that only $8,298.23 of the claim related to materials delivered to our client’s property.

Result: Settled for $1,000

Defendant

Facts: Our client was a hotel that had a mechanic’s lien claim asserted against it for $37,168.72. We contested the lien notices that the claimant alleges were provided, as well as the lien itself. After we successfully defended a motion for summary judgment filed by the lien claimant, the lien claimant chose to dismiss the suit.

Result: Claim for $37,168.72 dismissed after hard-fought summary judgmep motion was denied

Defendant

Facts: Mechanic’s lien claim against owner of hotel $16,151.79. The lawsuit was filed after the statute of limitations had expired. The lien claimant agreed to take no further action, and the case was eventually dismissed as a result of such inaction.

Result: Claim for $16,151.79 was dismissed for want of prosecution.

Midland Funding, LLC

Plaintiff’s Attorney: Fulton Friedman & Gullace, LLP

Case Number: 1026542

Court: Harris County Court #4

Amount in Controversy: $14,881.57

Result: Dismissed by Plaintiff

Midland Funding, LLC

Plaintiff’s Attorney: Fulton Friedman & Gullace, LLP

Case Number: 1036383

Court: Harris County Court #4

Amount in Controversy: $14,881.57

Result: Dismissed by Plaintiff

LVNV Funding, LLC

Plaintiff’s Attorney: Hosto Buchan Prater & Lawrence, PLLC

Case Number: 61111280

Court: 9th District Court (Montgomery County)

Amount in Controversy: $8,614.25

Result: Dismissed by Plaintiff

Asset Acceptance, LLC

Plaintiff’s Attorney: Fulton Friedman & Gullace, LLP

Case Number: 1028748

Court: Harris County Court #1

Amount in Controversy: $7,008.28

Result: Dismissed by Plaintiff

Discover Bank

Plaintiff’s Attorney: Mann Bracken LLP

Case Number: 61447

Court: Galveston County Court #3

Amount in Controversy: $9,021.68

Result: Dismissed by court for want of prosecution

Equable Ascent Financial, LLC

Plaintiff’s Attorney: Jenkins Wagnon & Young, P.C.

Case Number: 1003025

Court: Harris County Court #4

Amount in Controversy: $5,872.07

Result: Dismissed by Plaintiff prior to mediation

Conn’s Appliances

Plaintiff’s Attorney: In-house counsel

Case Number: CV12C0110301

Court: Harris County JP 1-2

Amount in Controversy: $3,347.16

Result: Dismissed by Plaintiff prior to trial

Bureaus Investment Group Portfolio No. 15, LLC

Plaintiff’s Attorney: Henry McDonald & James, P.C.

Case Number: CV71C0049082

Court: Harris County JP 7-1

Amount in Controversy: $2,319.02

Result: Dismissed by Plaintiff prior to mediations

Capital One, N.A.

Plaintiff’s Attorney: Michael J. Scott, P.C.

Case Number: CV12C0119633

Court: Harris County JP 1-2

Amount in Controversy: $1,696.08

Result: Dismissed by Plaintiff after filing our client’s motion to transfer venue

Dodeka, LLC

Plaintiff’s Attorney: Sanchez Law Firm

Case Number: 958644

Court: Harris County Court #3

Amount in Controversy: $18,893.29

Result: Confidential settlement

Citibank, N.A.

Plaintiff’s Attorney: Allen L. Adkins & Associates, P.C.

Case Number: 965303

Court: Harris County Court #2

Amount in Controversy: $6,512.99

Result: Confidential settlement

Citibank, N.A.

Plaintiff’s Attorney: Allen L. Adkins & Associates, P.C.

Case Number: 961306

Court: Harris County Court #2

Amount in Controversy: $5,436.66

Result: Confidential settlement

Midland Funding LLC

Plaintiff’s Attorney: Rausch Sturm Israel Enerson & Hornik LLC

Case Number:

CV41C0182532

Court: Harris County JP 4-1

Amount in Controversy: $3,326.69

Result: Confidential settlement

Harvest Credit Management VII, LLC

Plaintiff’s Attorney: Henry McDonald & James, P.C.

Case Number: CV71C0047954

Court: Harris County JP 7-1

Amount in Controversy: $2,903.07

Result: Settled for $400 (statute of limitations had likely run)

Dodeka, LLC

Plaintiff’s Attorney: The Burroughs Law Firm, PLLC

Case Number: 07-07-06809

Court: Montgomery County Court #2

Amount in Controversy; $23,566.17

Result: Settled for $9,250 (representation began after judgment and after many of client’s and client’s husband’s assets were seized per a writ of execution)

Aggravated assault with a deadly weapon

Type: 1st degree felony

Facts: Client was accused of robbing person at gunpoint. Client maintained that he knew nothing of incident. The case was dismissed because the state had arrested the wrong person.

Result: Dismissed

Aggravated Assault

Type: 2nd degree felony

Facts: Client was accused of using a machete to threaten injury to a complainant. We located and produced a witness who stated that the complaining witness was the aggressor, and that our client was only defending himself, which established our client’s defense of self-defense.

Result: Dismissed

Assault with bodily injury to a public servant

Type: 3rd degree felony

Facts: Client was accused of hitting a teacher with a chair. Client had been diagnosed with autism and did not appreciate the consequences of his actions. Also, the act was not purposefully directed toward the teacher.

Result: Dismissed

Claim lottery prize by fraud

Type: 3rd degree felony

Result: Reduced to a misdemeanor and sentenced to time served (1 day)

Possession of prohibited weapon

Type: 3rd degree felony

Facts: Client was accused of bringing brass knuckles into the secured area of an airport

Result: Reduced to a misdemeanor and sentenced to time served

Carrying weapon in prohibited place

Type: 3rd degree felony

Facts: Client arrested after attempting to board airplane with suitcase full of kitchen knives in his carry on luggage that client had received as a gift. Since client was a foreign national, the incident received media attention. Our investigation resulted in statements from several sources, both locally and overseas, that he was neither a violent person or a terrorist. We submitted a packet of this information to the grand jury, and the grand jury chose to “no bill” or to not pursue the criminal charges.

Result: Dismissed

Engaging in organized criminal activity

Type: State jail felony

Facts: Client was accused of failing to report dispensations for a Schedule II controlled substance. However, since client was not a pharmacist, client had no obligation to make such reports.

Result: Dismissed

Forgery

Type: State jail felony

Facts: Client lost his wallet containing his driver’s license. His driver’s license was later used by another person in an attempt to cash a forged check. While attempting to cash the check, the perpetrator became spooked when questioned by the clerk, and he left our client’s driver’s license at the counter. HPD investigated the incident, and the investigating officer made a report stating that our client appeared on the videotape attempting to cash the check. However, when the HPD officer was subpoenaed to bring the video to court, the officer admitted that our client was actually not on the video, and the officer stated that she was instructed by her superiors to go ahead and file criminal charges against our client so that the officer could get experience in how to process reports. The case was dismissed, and the HPD officer involved was later terminated.

Result: Dismissed

Evading detention with a vehicle

Type: State Jail Felony

Facts: Client was driving on a rural highway when an officer activated his lights. Client kept driving for approximately 10 miles until she found a lighted area to pull over. The officer filed charges for evading detention with a vehicle. We convinced the prosecutor to dismiss the charges, because these days, it is not unreasonable for a woman to keep driving — even for 10 miles — until she finds a place she feels safe pulling over.

Result: Dismissed

Theft

Type: State jail felony, reduced to Class A misdemeanor

Facts: Client was accused of theft of benefits from the Texas Workforce Commission. Pursuant to our advice, our client returned the funds immediately, which the DA’s office looked upon favorably and helped result in a reduction of the charge and an agreement for deferred adjudication. This reduction helped our client retain her teaching certificate.

Result: Deferred adjudication

Assault with bodily injury

Type: Class A misdemeanor

Facts: Client was accused of getting into a fight with another person. The complainant accused client of slamming him into a vehicle and punching him multiple times with a closed fist. The complainant had broken blood vessels in his eye and bruising on his face. No damage was apparent on the vehicle where the complainant alleges he was slammed.

Result: Reduced to Class C misdemeanor for disorderly conduct, punishable by fine only

Possession of controlled substance

Type: Class A misdemeanor

Facts: Client was accused of possession of a controlled substance without a prescription. The case was dismissed when client produced a prescription for the drug.

Result: Dismissed

Resisting arrest (brother), and interfering with the duties of a public servant (sister and mother)

Type: Class A misdemeanor and Class B misdemeanors

Facts: The brother, sister, and mother were all our clients. The brother got into an argument with his roommate, and while in the process of moving out, a dispute developed between the roommates. The other roommate called the police, who responded to the scene. The officer arrested the brother, who did not concede to the officer’s authority to the officer’s satisfaction. The sister and mother attempted to stop the officer from arresting the brother. The three charges were, in our opinion, an overreaction by the officer. All three cases were dismissed by the prosecutor.

Result: Dismissed

Type: Class A misdemeanor

Driving while license invalid (subsequent, also enhanced by prior)

Facts: The court agreed to recommend dismissal of the case if our client obtained a current driver’s license. We assisted our client with clearing his license, and the case was dismissed.

Result: Dismissed

Assault with bodily injury

Type: Class A misdemeanor

Facts: A complaining witness alleged that our client pushed her into a door and a sink. Our investigation revealed an extensive criminal history of the complaining witness indicating a lack of credibility. The case was dismissed as a result of the lack of credibility of the complaining witness and the prosecutor’s inability to make contact with the complaining witness.

Result: Dismissed

Type: Class B misdemeanor

Theft

Facts: Client was accused of stealing an Xbox 360 from a friend’s house after he attempted to pawn the Xbox 360. Client insisted that he had purchased the video game console from a third party. The case was dismissed, because the state could not prove that our client was the person who actually stole the console.

Result: Dismissed

Theft

Type: Class B misdemeanor

Facts: Client was accused of shoplifting from her employer. Her case was reduced from a Class B Misdemeanor to a Class C Misdemeanor when our research revealed that the items stolen were worth under $50. The reduction from Class B to Class C means that client will be eligible for expunging the matter.

Result: Reduced to Class C Misdemeanor Special Expense

Counterfeit vehicle inspection sticker

Type: Class B misdemeanor

Facts: Client was charged with possession of a counterfeit inspection sticker. The case was dismissed when we established that the vehicle was not owned by client and client had no knowledge that the vehicle had the counterfeit sticker.

Result: Dismissed

Criminal trespass

Type: Class B misdemeanor

Facts: Our client was accused of remaining at a mall parking lot after security guards asked him to leave. We subpoenaed surveillance video from the mall, combined it with an audio recording of the transaction, which showed that our client was actually attempting to leave, but was engaged by other security guards. After providing this information to the prosecutor and meeting with the prosecutor to discuss the video and audio, the case was dismissed.

Result: Dismissed

Assault

Type: Class C misdemeanor

Facts: Our client was accused of pushing a customer at work. When we subpoenaed the video that would have showed that our client did not push, the complaining customer asked that the case be dismissed, and the prosecutor agreed.

Result: Dismissed

Driving While License Suspended

Type: Class C misdemeanor

Facts: Our client had gone through an administrative nightmare when his license was incorrectly suspended, resulting in successive suspensions. We assembled proof of the root cause of the first incorrect suspension, and obtained a verbal statement from a clerk who confirmed the error. We presented the information we gathered to the prosecutor, who agreed to dismiss the case, despite our client driving while his license was technically suspended.

Result: Dismissed

Theft

Type: Class C misdemeanor

Facts: Client was accused of shoplifting a soda from a convenience store. The case was dismissed when the complainant failed to appear for trial.

Result: Dismissed

Type: Class C misdemeanor

Theft

Facts: Client was accused of shoplifting from Claire’s. The case was dismissed when the mall security officer and Claire’s employee failed to appear for trial.

Result: Dismissed

Bad Check

Type: Class C misdemeanor

Facts: This case was dismissed when the officer failed to appear for trial.

Result: Dismissed

Failure to maintain a single lane

Type: Class C misdemeanor

Facts: This case was dismissed when the officer failed to appear for trial.

Result: Dismissed

Failure to maintain financial responsibility

Type: Class C misdemeanor

Facts: This case was dismissed when the officer failed to appear for trial.

Result: Dismissed

1

Facts: Bank did not properly foreclose on client’s home before attempting to evicting her. Specifically, the bank failed to send a notice of default and a notice of its intent to accelerate the loan. We defended the eviction suit and challenged the foreclosure through a separate lawsuit.

Result: Client was awarded possession of her home and her attorney’s fees for challenging the foreclosure and for defending the eviction suit

Amount Client Received: $5,194.40

2

Facts: Our client fell behind on his mortgage payments. He later received a demand letter from the mortgage servicer giving him a deadline by which to pay the outstanding amount before his home would be foreclosed. Our client timely made the payment, but the mortgage servicer went forward with the foreclosure and began the eviction process. We filed a wrongful foreclosure lawsuit alleging that he had performed. The eviction was stayed and we negotiated with the mortgage company to reinstate his mortgage.

Result: Title to client’s home was returned to him and his mortgage was reinstated after he paid the outstanding amounts

Amount Client Received: Client’s attorney’s fees in the amount of $6,000 were deducted from the outstanding mortgage payments

3

Facts: Our client landlord rented a home to a woman and her boyfriend. Without our client’s knowledge, the woman’s father was the sole resident in the home. The father refused to pay the amount of rent that our client and the woman agreed to. We filed an eviction lawsuit after the father refused to vacate the home.

Result: Judgment in favor of our client

Amount Client Received: Client was awarded a judgment for $950 in back rent, $1,400 in attorney’s fees, court costs, and interest.

4

Facts: Client’s landlord attempted to force client to pay rent when her rent was entirely paid for by HUD

Result: Dismissed

Amount Client Received: n/a

5

Facts: Our client was accused of running water in his apartment, causing the landlord to incur large water bills. The eviction was voluntarily dismissed after we made challenges to the sufficiency of the notice and to the terms of the lease not addressing overuse of water.

Result: The eviction was voluntarily dismissed by the landlord.

Amount Client Received: n/a

6

Facts: Our client was foreclosed upon by his bank, despite his payment prior to foreclosure. The bank then sought to evict our client, despite his evidence of payment. We entered an appearance on behalf of our client and demanded that the foreclosure be reversed or we would sue for damages.

Result: The eviction was voluntarily dismissed by the bank, and the bank rescinded the foreclosure and returned title of the property to our client.

Amount Client Received: n/a

7

Facts: Our client had an eviction suit filed against him by the children of his widow. The children claimed that he was never married to their mother, and as a result, he did not have a right to live in their mother’s home after she passed away. Our client had documents showing that (1) his widow had referred to him as her husband in handwritten notes, (2) they had filed married tax returns, and (3) one of the children had referred to our client as her mother’s husband in a handwritten note.

Result: After a trial, possession of the property was awarded to our client. The judgment resulted in securing possession of his home for as long as he chose to live there.

Amount Client Received: n/a

8

Facts: Our client was a tenant at an apartment complex who had an eviction suit filed against her based upon late payment of rent. The management company had recently changed its method of payment, and our client was unable to pay online. The apartment complex also was unable to show that it had properly sent a notice of eviction.

Result: After a trial, possession of the property was awarded to our client.

Amount Client Received: n/a

9

Facts: Our client purchased a lot in a tax auction. The individual residing in the house next to the lot had used the lot for many years and claimed it as part of his homestead. This would have entitled him to expand his window to re-purchase the property from six months to two years. He refused to remove his belongings and metal building from the lot. We were able to establish that he was not the owner of the lot prior to the tax sale, so it could not have been his homestead, and he was not entitled to repurchase the property.

Result: We obtained an order of eviction, directing the individual to remove his belongings.

Amount Client Received: n/a

10

Facts: Client was accused of late rent payment, even though an agent of her landlord gave her a different due date

Result: Eviction was dismissed

Amount Client Received: n/a

11

Facts: Our client’s mother passed away in 1993 without a will. As a result, our client and his brothers inherited a share of their parents’ real estate. In 1994, our client and his siblings conveyed a portion of their share of the real property to their father, but not their entire share. Their father later sold the property to a third party. The third party attempted to evict our client, but our research determined that he was still a part-owner of the property and therefore entitled to possession of the same.

Result: Judgment in favor of our client

12

Amount Client Received: n/a

Facts: Our client, a real estate investment company, purchased a foreclosed home. The home was occupied by a squatter with a lengthy criminal record, who had a habit of breaking into foreclosed homes, renting them out to others, and keeping the income for himself. Although he vigorously contested his eviction, our client prevailed and was awarded possession of the home.

Result: Judgment in favor of our client

Amount Client Received: n/a

Plaintiff

Facts: In a suit arising from a contract for the sale of real estate, the trial court’s finding on breach of contract was supported by sufficient evidence because the buyer presented evidence that he had obtained financing on the scheduled closing date, and the sellers failed to close on the property as required under the contract.

Result: “We modify the judgment to provide that Mouton recover actual damages of $6,844.19 from the Okumuses, jointly and severally, for their breach of contract. We affirm that portion of the judgment as modified. We reverse the judgment as to Mouton’s statutory fraud claim and render a take nothing judgment on that claim. We reverse the award of attorney’s fees and remand to the trial court for a new trial on attorney’s fees.” /s/ Frances Bourliot, Justice.

Defendant

Facts: A resident preserved for appeal her argument that a community association’s enforcement of restrictive covenants was arbitrary, capricious, or discriminatory under Tex. Prop. Code Ann. § 202.004(a) because both her response to the association’s summary-judgment motion and her cross- motion for summary judgment argued that the association selectively enforced its restrictive covenants and failed to engage in fair dealing or apply the covenants in an equal and same manner.

Result: “For these reasons, without hearing oral argument, the court of appeals’ judgment is reversed, and the case is remanded to the court of appeals for further proceedings consistent with this opinion.” TEX. R. APP. P. 59.1./p>