December 2018: Successfully represented hotel client sued by municipality under Chapter 125 of the Texas Civil Practice & Remedies Code, seeking a declaration of a common nuisance due to alleged habitual criminal activity.
October 2018: Successfully represented a Tenant in obtaining a favorable pre-lawsuit settlement of a commercial lease located in a Class "A" Office, Retail & Loft Development Project in the D/FW Metroplex.
March 2018: Obtained pre-trial settlement of complex fraudulent transfer case under Sections 24.005 & 24.006 of the Uniform Fraudulent Transfer Act. Other claims included civil conspiracy and attorneys' fees and costs.
October 2017: Pre-trial settlement of complex civil dispute regarding the closing of the sale of a hotel. Allegations against the escrow agent and title insurance company included claims of negligence, breach of fiduciary duty, breach of contract, fraud, fraudulent inducement, fraudulent misrepresentation, fraud by nondisclosure and negligent misrepresentation.
October 2017: Successfully represented real estate agent in Texas Real Estate Commission matter resulting in issuance of advisory letter only.
April 2017: Represented motel in lawsuit against municipality and Board of Adjustment located in D/FW Metroplex regarding variance in a zoning dispute. Settlement resulted in granting of variance to motel owner.
March 2017: Represented commercial office building tenant in resolution of significant casualty claim (major fire) to majority of office building, including client's office space. Reviewed lease, correspondence between landlord and tenant, and conducted site investigation of premises that caused casualty to building. The office lease contained an abatement of rent clause if there was a casualty to the premises. As a result, obtained 96% abatement of commercial rent while client's space was completely renovated due to casualty caused by another tenant in the building. Worked closely with landlord's in-office counsel to obtain the significant rent abatement for client
February 2017: Successfully represented homeowner in dispute with local municipality for damages to their home arising from sanitary and storm sewer damage. Efforts included renegotiating settlement terms with the Texas Municipal League and local city government representatives. Although a civil lawsuit was filed, the parties eventually settled.
October 2016: Represented court appointed Receiver that was ordered to manage, operate and sell successful restaurant to satisfy non-operating parties prior judgment. Filed Motion to Compel Return of FF&E, and Motion for Sanctions and Attorneys' Fees. The Court awarded the relief requested by the Receiver.
August 2016: Represented non-profit taxpayer in contentious litigation against Dallas Central Appraisal District ("DCAD") involving an initial lawsuit by the Dallas Taxing Authorities to collect the non-profit's sale proceeds for alleged delinquent taxes. The non-profit taxpayer filed suit and obtained a preliminary injunction against the title company to prohibit it from paying the sales proceeds to the Dallas Taxing Authorities and obtained an order requiring it to interplead the proceeds into the registry of court until the taxpayer exhausted its administrative appeals with DCAD. The non-profit taxpayer filed three lawsuits to ultimately resolve the dispute in its favor. The litigation required the grantor and grantee to file a correction deed, the filing of a retroactive tax exemption for the land pursuant to Section 11.435 of the TEXAS TAX CODE and final resolution of the taxpayer's claim for a cemetery tax exemption under Section 11.17 of TEXAS TAX CODE. The litigation required numerous tax exemption filings, informal hearings with DCAD representatives and several ARB Hearings. Ultimately, the non-profit taxpayer was successful and awarded the funds from the registry of the court.
August 2016: Obtained pre-litigation settlement of commercial lease dispute regarding an oil lube, car wash and car repair business whereby personal guarantor's under the commercial lease were released from approximately $600,000 in personal liability without payment of a termination penalty.
May 2016: Mechanics Lien lawsuit. Plaintiff homeowner alleged invalid or unenforceable mechanics lien was filed against homestead pursuant to Sec. 53.254 et seq. of the TEXAS PROPERTY CODE. Plaintiff homeowner filed Original Petition and Verified Summary Motion to Remove Invalid or Unenforceable Lien against contractor, alleging violation of Texas Deceptive Trade Practices Act ("DTPA"), Fraud, Negligence, and seeking remedies set forth in Chapter 12 of Texas Civil Practice & Remedies Code (greater of $10,000.00 or actual damages causes by the violation, court costs, reasonable attorneys' fees, and exemplary damages determined by Court), and hearing date for Summary Motion to Remove Mechanic's and Materialmen's Lien, and Attorneys' Fees. The lawsuit was settled.
October 2015: Obtained $2.3 Million Bench Trial Verdict in complex civil dispute regarding an investment in a hotel. Prevailing claims included breach of contract of the shareholder agreement; breach of fiduciary duties; fraud and fraudulent misrepresentation against shareholders; fraud by nondisclosure to shareholders; negligence and gross negligence in mismanaging the entity owning the hotel; vicarious liability by piercing the corporate veil of purchasing entity; an award of attorneys' fees and costs; pre-judgment and post-judgment interest; and attorneys' fees for unsuccessful appeal to court of appeals and ultimately Texas Supreme Court. The Final Judgment awarded damages against Defendants in their individual capacity, and jointly and severally.
2015: Successfully represented office tenant in pre-litigation dispute with landlord in high-profile mixed-use urban hybrid development project.
2015: Successfully represented hotelier in obtaining dismissal of lawsuit filed by municipality alleging hotelier maintained a common nuisance and prohibited permanent injunction from closing property for one year.
2015: Successfully represented tenant in landlord-tenant lawsuit involving high-profile Class "A" Office Building.
2015: Successfully defended former employee against threatened Temporary Restraining Order by ex-employer.
2014: Obtained Temporary Restraining Order against taxing authorities and title company to prohibit distribution of sale proceeds for payment of ad valorem taxes pending resolution of tax exemption litigation.
2014: Represented Texas non-profit in sale of property.
2014: Resolved contentious dispute among members of a Texas non-profit organization.
2013 & 2014: Obtained Temporary Restraining Order and Temporary Injunction in three cases: non-compete and misuse of confidential trade secrets; landlord/tenant lockout dispute; and enforcement of deed restriction.
2013: Caused municipality to re-write local hotel ordinance on constitutional grounds.
2012: Texas Alcoholic Beverage Commission dispute relating to breach of peace on licensed premises.
2012: Successfully negotiated resolution of dispute between Wall Street Hedge Fund and hotel owner of a nationally franchised hotel regarding alleged breach of debt service coverage ratio (DSCR) covenants. Negotiated modifications to mortgage loan, including term extension, interest rate reduction, interest only payments and other concessions.
2010: Jury Trial Verdict in complex partnership dispute relating to business divorce of large retail centers, including claims of breach of contract, mismanagement and breach of fiduciary duties.
2010: Settled $22 million commercial mortgage-backed securities (CMBS) loan dispute and served as Special Litigation Counsel to represent hotel client in an Adversary Proceeding in U.S. Bankruptcy Court for the Northern District of Texas. Hotel client sued CMBS Lender, Master Servicer and Special Servicer.
2009: Jury Trial Verdict in Ad Valorem Tax Litigation dispute against Dallas Central Appraisal District.
2009: Successfully represented owner of hotel in a condemnation proceeding filed by municipality.
2007: Resolved $27 million partnership dispute involving the control, management and transfer of ownership interests in six hotels branded by three international hotel chains. The complex dispute among fourteen entities and five individuals resulted in setting aside a settlement agreement and filing of Private Arbitration proceeding, and enforcement of the terms of a third settlement agreement entered into by the parties.
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