Category: Results

$450,000 Final Summary Judgement

In Stan Brian Akins and Timothy D. Miller v. Hiram Perez, et al. in the 157th District Court of Harris County, Texas, attorneys Mano DeAyala and Andrew Wright obtained a final summary judgment in the amount of $450,000 involving the sale of their clients’ environmental remediation business. After conducting strategic discovery, BK attorneys moved for summary judgment on their clients’ affirmative claims that Defendants and the purchaser had breached various agreements. The trial court granted summary judgment after oral argument.

Six Figure Settlement in Contract Dispute

Attorneys Mano DeAyala and Andrew Wright obtained a favorable six-figure settlement on behalf of a global financial advisory services company on its breach of contract claims against an NYSE listed REIT.

Summary Judgement in Title Dispute

In Circle K Stores, Inc. v. All Persons Claiming Any Title, etc. in the 164th District Court of Harris County, Texas, after an oral hearing, attorneys Bill Gage and Andrew Wright obtained a final summary judgment on behalf of their client, quieting title to real property located in Harris County, Texas. The judgment will allow their client to develop the parcel of land.

DeAyala and Keenan obtain multi-million dollar judgment

Turning lemons into lemonade…. Buck Keenan congratulates Mano DeAyala and Ted Keenan on obtaining a favorable result for their Mexican clients. The clients retained the firm in February of 2015 to assist with a multi-million dollar judgment rendered against them in 2014 and to dissolve a pending garnishment action seeking collection of that judgment from their financial institution. With the time for appeal having run, DeAyala and Keenan sought to vacate the judgment by filing a Bill of Review, an arcane remedy of last resort. After successfully moving to dissolve the garnishment action, DeAyala and Keenan were successful in vacating the underlying judgment and obtaining a $1.3 Million settlement for their clients.

Half-Century Old Title Dispute Resolved

In Cause No. 14-DCV-219101, in the 400th District Court of Fort Bend County, Texas, Buck Keenan lawyers Bill Gage and Andrew Wright secured a judgment for Plaintiffs Resolution Investments, LP, et al., quieting title to a tract of land in Fort Bend County that was the subject of a half-century old title and boundary dispute.

DeAyala Congratulated for Excellent Results

Buck Keenan congratulates partner Mano DeAyala for a series of excellent results for his clients, including the following:

East Texas royalty litigation: In a lawsuit claiming breach of lease and trespass, DeAyala represented fifteen royalty owners and obtained a favorable seven-figure settlement.

California power generation plant: DeAyala prosecuted claims of defective construction and negligent operation of systems and obtained a favorable seven-figure settlement.

Monetary awards on summary judgment: With the assistance of associate Ted Keenan, DeAyala obtained six-figure awards in two different cases at the summary judgment stage. One judgment was recently affirmed on appeal.

Real estate brokerage: Also with the assistance of Ted Keenan, DeAyala defended a real estate brokerage client against claims of fraud, DTPA and negligence, and secured dismissal of the lawsuit on summary judgment.

The firm appreciates Mano’s efforts and wishes him continued success in 2015.

Gage and Wright Obtain Landmark Dismissal

In Victoria Gilkerson and Blind Ambitions Group, et. al. v. The Chasewood Bank, Cause No. 4:13-cv-00132, in the United States District Court for the Southern District of Texas, Houston Division, Buck Keenan lawyers Bill Gage and Andrew Wright secured a dismissal for Chasewood Bank (“Chasewood”) of class action claims brought under Title III of the Americans with Disabilities Act (“ADA”), Texas Human Resources Code, Texas Architectural Barrier Act, and Texas Government Code. The claims alleged deficiencies in Chasewood’s automatic teller machine (“ATM”) network related to speech output, input controls, numeric keypad, display screens, and Braille instructions. The lawsuit was one of hundreds of nearly identical lawsuits across the country, and approximately 50 in Texas, filed against banks operating ATMs since the new ADA guidelines that took effect March 15, 2012. The dismissal is the first in Texas or elsewhere known at this time that did not involve a settlement payment by the defendant financial institution.

Andrew Wright Obtains TRO for Alzheimer’s Association of Houston

On May 2, 2014, Andrew Wright secured a temporary restraining order (“TRO”) in Cause No. 2014-24906, Alzheimer’s Disease and Related Disorders Association, Inc. – Houston v. 5959 Long Investments, LLC, in the 270th District Court of Harris County, Texas, for client the Alzheimer’s Disease and Related Disorders Association, Inc. – Houston (“Alzheimer’s Association of Houston”), enjoining an adjacent landowner from continuing use of a pipe that encroached the property line and was dumping waste on the Alzheimer’s Association of Houston’s property which is the location of its newly renovated regional headquarters.

At the contested hearing, Wright argued the neighbor’s continued use of the pipe would cause the Alzheimer’s Association of Houston immediate and irreparable harm by either causing sewage to openly flow onto the property in violation of various City of Houston ordinances or forcing the Alzheimer’s Association of Houston to capture and dispose of the sewage at its own expense. In granting the TRO, Judge Weiman ordered the Defendant to cease: (1) continuing use of the sewer line at issue until it could be repaired to flow directly into the City of Houston sewer system or causing anything including sewage from flowing onto the property; and (2) otherwise interfering with the Alzheimer’s Association of Houston’s ownership or possession of the property. Bond of $500 was executed and filed.

On May 16, 2014, the TRO was converted to a Temporary Injunction and trial is set for November 3, 2014 before Judge Gamble. The lawsuit includes claims for trespass, trespass to try title, and tort per se, and seeks permanent injunctive and declaratory relief, damages, court costs and attorneys’ fees.