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Dallas Attorney Deborah Hankinson Named to American Academy of Appellate Lawyers

DALLAS – Noted appellate lawyer Deborah Hankinson, founder of Dallas-based Hankinson LLP, has been elected to the American Academy of Appellate Lawyers, an honor reserved for attorneys with a reputation for excellence in appellate work. The American Academy of Appellate Lawyers was established in 1990… + read more

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DALLAS – Noted appellate lawyer Deborah Hankinson, founder of Dallas-based Hankinson LLP, has been elected to the American Academy of Appellate Lawyers, an honor reserved for attorneys with a reputation for excellence in appellate work.

The American Academy of Appellate Lawyers was established in 1990 to advance the standards and practices of appellate advocacy and to acknowledge outstanding appellate lawyers. Membership is based on nominations by existing fellows as well as recommendations from judges and practitioners. The academy limits membership to no more than 500 people in the United States, and requires that nominees have spent at least 15 years in practice devoted substantially to appeals.

“I’m humbled by this honor and believe strongly in the academy’s mission,” says Ms. Hankinson.

In addition to appellate law, Ms. Hankinson’s practice includes substantial work in the area of alternative dispute resolution, including regular work as a mediator and arbitrator in cases involving a variety of complex legal issues.

Ms. Hankinson is a former Justice of the Supreme Court of Texas and the Fifth District Court of Appeals in Dallas.

In addition to this latest honor, Ms. Hankinson has earned multiple selections to the Texas Super Lawyers list published by Thomson Reuters legal division and Texas Monthly. In 2011, she was named one of the state’s Top 10 attorneys in the Texas Super Lawyers listing.  Additionally, her work has been repeatedly recognized by The Best Lawyers in America and Chambers USA. This fall, she also was named to the “Winning Women” list published by Texas Lawyer.

“We’re very proud that Deborah has earned this recognition,” says Hankinson LLP Managing Partner Rick Thompson. “The academy has formally stated what we’ve known all along: Deborah is a rare and talented appellate lawyer.”

Hankinson LLP, the preeminent civil appellate firm in the Southwest, provides clients with innovative legal insights and judicial perspective in all phases of litigation. The firm’s attorneys work with trial teams to develop strategies designed to put a case in the best position before, during, and after trial. Hankinson LLP represents national clients, regional companies, governmental bodies, and individuals with trial and appellate matters, and offers mediation and arbitration services as well. Learn more about the firm at http://hankinsonlaw.com.

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Hankinson LLP Named One of America’s Best Law Firms

DALLAS – The Dallas-based appellate law firm Hankinson LLP is being recognized by U.S. News & World Report and The Best Lawyers in America as one of the country’s “Best Law Firms.” The firm earned a Metropolitan Tier 1 ranking among Dallas appellate firms in… + read more

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DALLAS – The Dallas-based appellate law firm Hankinson LLP is being recognized by U.S. News & World Report and The Best Lawyers in America as one of the country’s “Best Law Firms.”

The firm earned a Metropolitan Tier 1 ranking among Dallas appellate firms in the 2011 guide to the nation’s leading law firms.

To compile the “Best Law Firms” listing, researchers with U.S. News and Best Lawyers surveyed thousands of attorneys and law firm clients across the U.S. The results of the survey appear in the November 2011 Best Law Firms publication. The full listing also is available online at http://bestlawfirms.usnews.com/.

Last month, the firm went through a name change when attorney Jeff Levinger departed to form his own firm.

“This honor rightly belongs to everyone at the firm, all the attorneys and staff, who worked so hard on behalf of our clients over the last 12 months, including Jeff,” says Hankinson LLP founder Deborah Hankinson, who also has been selected by The Best Lawyers in America as one of the country’s top attorneys. In addition, Best Lawyers also recently named Ms. Hankinson Dallas Lawyer of the Year in Appellate Law.

To develop the Best Lawyers list, researchers review nearly 3 million confidential evaluations by other attorneys. The full listing is available at www.bestlawyers.com.

The “Best Law Firms” and Best Lawyers honors are just the latest for Deborah Hankinson and the firm. Earlier this year, she was listed among the state’s top lawyers in the annual Texas Super Lawyers publication, earning a spot among the state’s Top 10 lawyers overall. Her other 2011 honors include selection by Texas Lawyer newspaper for its “Winning Women” section, and by D Magazine to its list of Best Lawyers in Dallas. She also has been featured in Chambers USA’s listing of the country’s top lawyers and previously was profiled in the Dallas Business Journal as one of North Texas’ top business defenders.

Hankinson LLP, the preeminent civil appellate firm in the Southwest, provides clients with innovative legal insights and judicial perspective in all phases of litigation. The firm’s attorneys work with trial teams to develop strategies designed to put a case in the best position before, during, and after trial. Hankinson LLP represents national clients, regional companies, governmental bodies, and individuals with trial and appellate matters, and offers mediation and arbitration services as well.

Learn more about the firm at http://hankinsonlaw.com.

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Brett Kutnick Presents Article at Advanced Civil Trial Course on Fiduciary Duties.

Brett Kutnick’s article examined the formal and informal relationships that typically give rise to fiduciary duties, the consequences that flow from the existence of a fiduciary duty, and the remedies that are generally available in fiduciary duty cases.  Because “fiduciary” concepts remain amorphous under the… + read more

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Brett Kutnick’s article examined the formal and informal relationships that typically give rise to fiduciary duties, the consequences that flow from the existence of a fiduciary duty, and the remedies that are generally available in fiduciary duty cases.  Because “fiduciary” concepts remain amorphous under the law, his presentation in Dallas and Houston focused on the traps for both plaintiffs and defendants in fiduciary duty actions. View the pdf here.

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Appellate Court Reverses, Renders Judgment That Plaintiffs Take Nothing in Oil-and-Gas Mineral Interest Title Dispute

In a highly complex title dispute between Texas oil-and-gas operators, the plaintiffs claimed superior title to a mineral lease on a 169.1-acre tract in Concho County, Texas. After the jury found that the plaintiffs had superior title, the trial court ordered the defendants—who possessed and… + read more

In a highly complex title dispute between Texas oil-and-gas operators, the plaintiffs claimed superior title to a mineral lease on a 169.1-acre tract in Concho County, Texas. After the jury found that the plaintiffs had superior title, the trial court ordered the defendants—who possessed and had drilled a producing well on the tract—to turn over possession of the property, drilling equipment, and almost $1 million being held in suspense pending adjudication of the case. Hankinson LLP attorney Deborah Hankinson  represented the defendants on appeal. The Austin Court of Appeals reversed the trial-court judgment, rendered judgment that the plaintiffs take nothing, and also rendered judgment that title and possession of the mineral estate, equipment, and funds belonged to the defendants. The plaintiffs appealed to the Texas Supreme Court, which denied review after requesting full briefing on the merits.  McCammon v. Ischy, No. 03-06-00707-CV, 2010 WL 1930149 (Tex. App.—Austin May 12, 2010, pet. denied).

 

Dallas Court of Appeals Rules for DART Contractor in Dispute Against Architect

In a second appeal involving the same lawsuit, Brett Kutnick was a principal member of the legal team that successfully represented Martin K. Eby Construction Company in its negligent misrepresentation suit against LAN/STV, an architect and engineer that prepared faulty construction plans and drawings for… + read more

In a second appeal involving the same lawsuit, Brett Kutnick was a principal member of the legal team that successfully represented Martin K. Eby Construction Company in its negligent misrepresentation suit against LAN/STV, an architect and engineer that prepared faulty construction plans and drawings for an extension of the DART rail project. Following the remand in the first appeal, Eby settled its administrative claim against DART for $4.7  million and proceeded to trial against LAN/STV.  The jury found that LAN/STV had committed negligent misrepresentations that caused Eby $5 million in damages, but the trial court reduced the award to $2,250,000 plus interest based on the jury’s additional finding that LAN/STV was 45% responsible.  On appeal, the Dallas Court of Appeals rejected LAN/STV’s arguments regarding the derivative governmental immunity statute, the economic loss doctrine, the evidence of negligent misrepresentations, and the effect of the DART settlement.  The court also declined to reinstate the full amount of the verdict, as Eby had requested.  Martin K. Eby Construction Co. v. LAN/STV, 350 S.W.3d 675 (Tex. App.—Dallas 2011), rev’d, 435 S.W.3d 234 (Texas 2014).

 

Sanction Against Lawyer Reversed Based on Finding That He Did Not Commit the Alleged Conduct.

Brett Kutnick and Rick Thompson were principal members of the legal team that successfully represented a partner in a major Texas law firm who was sanctioned by a trial court for allegedly accusing opposing counsel of suborning perjury and ordered to purchase a half-page apology… + read more

Brett Kutnick and Rick Thompson were principal members of the legal team that successfully represented a partner in a major Texas law firm who was sanctioned by a trial court for allegedly accusing opposing counsel of suborning perjury and ordered to purchase a half-page apology in the Texas Lawyer. The Dallas Court of Appeals reversed the sanction in its entirety, holding that the lawyer had not accused opposing counsel of suborning perjury and that the trial court’s order reflected “both an erroneous assessment of the evidence and a misapplication of the law on subornation of perjury.”  Both the sanction order and the successful appeal received extensive coverage in the Texas Lawyer and other legal publications.  (Published opinion (2011); cite omitted).

 

Hankinson LLP Client Obtains Judgment Vacating Arbitration Award

Ruling in favor of Deborah Hankinson’s and Brett Kutnick’s client, Occidental Petroleum, the Court of Appeals affirmed the trial court’s decision to vacate an arbitration award. The court held that one of the arbitrators displayed evident partiality by failing to disclose that, at the time… + read more

Ruling in favor of Deborah Hankinson’s and Brett Kutnick’s client, Occidental Petroleum, the Court of Appeals affirmed the trial court’s decision to vacate an arbitration award. The court held that one of the arbitrators displayed evident partiality by failing to disclose that, at the time the parties approved him as a member of the arbitration panel, the firm at which he worked represented the ultimate parent company of one of the appellants in a mandamus proceeding to prevent the deposition of its CEO. The court held that an objective person could reasonably have concluded that the arbitrator’s nondisclosure of this fact was material, and that it created a reasonable impression of his partiality. The court also concluded Amoco failed to prove that if Oxy had performed a reasonable investigation of the arbitrator, it would have discovered his evident partiality. Amoco D.T. Co., v. Occidental Petroleum Corp., 343 S.W.3d 837 (Tex. App.—Houston [14th Dist.] 2011, pet. denied).

 

Appellate Court Affirms Award of Punitive Damages in Favor of Hankinson LLP Client

In this medical malpractice case, Hankinson LLP represented the family of a deceased patient against a skilled nursing facility.  The facility repeatedly administered the patient a drug that he was allergic to, which ultimately led to his death.  The trial court rendered judgment on the… + read more

In this medical malpractice case, Hankinson LLP represented the family of a deceased patient against a skilled nursing facility.  The facility repeatedly administered the patient a drug that he was allergic to, which ultimately led to his death.  The trial court rendered judgment on the jury’s verdict in favor of the family, including an award of punitive damages.  Rick Thompson successfully fended off the facility’s challenge to the evidence supporting the district court’s judgment in the Amarillo Court of Appeals.  On April 15, 2011, the Texas Supreme Court denied the facility’s petition for review.  See THI of Tex. at Lubbock I, LLC v. Perea, 329 S.W.3d 548 (Tex. App.—Amarillo 2010, pet. denied).

 

Court of Appeals Affirms Finding of Shareholder Oppression and Stock Buy-Back Remedy

Brett Kutnick was the principal author of the appellate briefs in a well-publicized case involving shareholder oppression in which the Court of Appeals for the Fifth District of Texas upheld a judgment in favor of the firm’s client, Ann Rupe, based on the jury’s finding… + read more

Brett Kutnick was the principal author of the appellate briefs in a well-publicized case involving shareholder oppression in which the Court of Appeals for the Fifth District of Texas upheld a judgment in favor of the firm’s client, Ann Rupe, based on the jury’s finding that she had been oppressed by the officers and directors of Rupe Investment Corporation.  The court of appeals also upheld the trial court’s order requiring the defendants to buy back Ms. Rupe’s stock as an equitable remedy for their misconduct, but remanded the case for further proceedings to determine the fair market value of the stock.  Ritchie v. Rupe, 339 S.W.3d 275 (Tex. App.—Dallas 2011), rev’d, 443 S.W.3d 856 (Tex. 2014).

 

Our New Website

Our new firm website is officially up and running! Besides its entirely new design and layout, our new website also provides updated insight into our dynamic appellate practice and growing expertise in alternative dispute resolution, as well as an enhanced look at each of our experienced… + read more

Our new firm website is officially up and running! Besides its entirely new design and layout, our new website also provides updated insight into our dynamic appellate practice and growing expertise in alternative dispute resolution, as well as an enhanced look at each of our experienced appellate practitioners. Visitors to the site also can easily search our “News & Information” page, which includes a case-summary database that provides a real sense for the depth and range of our experience in state and federal appellate courts. We hope you’ll find a minute to take a peek and find out more.  And please drop us a note to let us know what you think.

 

 

Appellate Court Concludes Oil and Gas Producer Properly Paid Royalties on Casinghead Gas Under Long-Term Leases, Renders Judgment That Plaintiffs Take Nothing

In Occidental Permian Ltd. v. Helen Jones Foundation, et al., a group of Texas royalty owners alleged that OPL, an oil and gas producer, had underpaid royalties for casinghead gas produced during carbon dioxide-injection tertiary recovery operations in West Texas. Hankinson LLP was hired to… + read more

In Occidental Permian Ltd. v. Helen Jones Foundation, et al., a group of Texas royalty owners alleged that OPL, an oil and gas producer, had underpaid royalties for casinghead gas produced during carbon dioxide-injection tertiary recovery operations in West Texas. Hankinson LLP was hired to assist OPL during trial, post-trial, and appellate proceedings. After the jury reached a multi-million dollar verdict for the plaintiffs, OPL appealed. Deborah Hankinson argued the case before the Amarillo Court of Appeals, and the Amarillo Court of Appeals reversed the trial court’s judgment, concluding that no evidence supported the jury’s findings. The court of appeals rendered judgment that the plaintiffs take nothing against OPL. Occidental Permian Ltd. v. Helen Jones Foundation, et. al, 333 S.W.3d 392 (Tex. App.—Amarillo Jan. 31, 2011, pet. denied).

 

Expert Testimony Legally Insufficient to Support Verdict

In an appeal from a judgment on a jury verdict against current lease operator for underpaid royalties on casinghead gas, the court of appeals reversed, holding the evidence was legally insufficient. Because the testimony of plaintiff’s expert did not comport with the language of the… + read more

In an appeal from a judgment on a jury verdict against current lease operator for underpaid royalties on casinghead gas, the court of appeals reversed, holding the evidence was legally insufficient. Because the testimony of plaintiff’s expert did not comport with the language of the leases, it constituted no evidence of the operator’s failure to pay royalties. Additionally, the proceeds to which expert pointed as the basis for his theory were proceeds of the sale of gas after processing  rather than as produced at the wellhead. Moreover, the royalty owners’ expert’s testimony did not comport with state law as to the determination of the market value of casinghead gas, and thus did not support the verdict that the lease operators underpaid royalties on market-value leases. Deborah Hankinson represented Occidental Permian in this successful appeal. Occidental Permian Ltd. v. Helen Jones Foundation, 333 S.W.3d 392 (Tex. App. – Amarillo 2011, pet. denied).

 

Breach of Contract Judgment Reversed and Vacated on Appeal

Brett Kutnick and Jennifer Rangel Stagen were two of the lawyers who represented defendants Hampden Corporation and Fantasy Diamond Corporation in an appeal of a judgment after a bench trial awarding the plaintiff over $750,000 in damages for breach of a commission agreement. Following oral… + read more

Brett Kutnick and Jennifer Rangel Stagen were two of the lawyers who represented defendants Hampden Corporation and Fantasy Diamond Corporation in an appeal of a judgment after a bench trial awarding the plaintiff over $750,000 in damages for breach of a commission agreement. Following oral argument, the Dallas Court of Appeals held that the trial court abused its discretion by concluding that the parties tried the breach of contract action by consent and by granting the plaintiff leave to file an amended petition after the trial to assert that cause of action. The court thus vacated the judgment in its entirety and remanded the case to the trial court to allow it to consider the evidence at trial in light of the claims pleaded in the plaintiff’s earlier-filed petition. Hampden Corp. v. Remark, Inc., 331 S.W.3d 489 (Tex. App.–Dallas 2010, pet. denied).

 

Default Judgment Reversed on Appeal

Brett Kutnick was part of the team that successfully represented defendants Paul Williams and Hughes-Roth Financial Group in an appeal of a no-answer default judgment awarding the plaintiff Nexplore Corporation over $300,000 in damages and attorney’s fees and the right to cancel Williams’s 10 million… + read more

Brett Kutnick was part of the team that successfully represented defendants Paul Williams and Hughes-Roth Financial Group in an appeal of a no-answer default judgment awarding the plaintiff Nexplore Corporation over $300,000 in damages and attorney’s fees and the right to cancel Williams’s 10 million shares of stock in Nexplore valued at approximately $7 million.  The Court of Appeals for the Fifth District of Texas at Dallas held that the trial court never obtained personal jurisdiction over the defendants because substituted service was not property authorized, and that the default judgment rendered against the defendants was therefore void.  The court thus reversed the judgment and remanded the case to the trial court for further proceedings.  Williams v. Nexplore Corp., No. 05-09-00621-CV, 2010 WL 4945364 (Tex. App.—Dallas 2010, pet. denied.) (mem. op.).

 

Take-Nothing Summary Judgment Affirmed on Claims Arising from Operation of Traffic Signal Enforcement System

Jennifer Rangel Stagen was on the legal team that represented ACS State and Local Solutions, Inc., a corporation that provides traffic signal enforcement systems to municipalities, in the appeal of a take-nothing summary judgment in its favor. The plaintiff had been cited for a red-light… + read more

Jennifer Rangel Stagen was on the legal team that represented ACS State and Local Solutions, Inc., a corporation that provides traffic signal enforcement systems to municipalities, in the appeal of a take-nothing summary judgment in its favor. The plaintiff had been cited for a red-light violation, and brought claims against ACS for purported violations of the Texas Debt Collection Act and negligence per se based on alleged violations of the Texas Occupations Code and the Texas Transportation Code. The Dallas Court of Appeals affirmed the summary judgment in favor of ACS on all grounds. Amanda Ward v. ACS State and Local Solutions, Inc., d/b/a LDC Collection Systems, 328 S.W.3d 648 (Tex. App.—Dallas 2010, no pet.).

 

Supreme Court Strikes Down Unconstitutionally Retroactive Statute

Representing the estate of a worker who died of mesothelioma, Deborah Hankinson successfully argued to the Texas Supreme Court that a statute limiting corporate successor liability for asbestos-related claims was unconstitutionally retroactive. The statute was enacted after the plaintiff filed common law negligence and product… + read more

Representing the estate of a worker who died of mesothelioma, Deborah Hankinson successfully argued to the Texas Supreme Court that a statute limiting corporate successor liability for asbestos-related claims was unconstitutionally retroactive. The statute was enacted after the plaintiff filed common law negligence and product liability claims against the defendant, a successor corporation to an asbestos manufacturer. The court held the statute’s retroactive elimination of plaintiff’s mature common law tort claims, which had a substantial basis in fact, disrupted his reasonable, settled expectations under the law. The statute was enacted to help only the defendant, and no one else. Because the legislature made no findings on any substantial public interest that the statute served, the court concluded that the public interest served by the statute was slight. Robinson v. Crown Cork & Seal Co., 335 S.W.3d 126 (Tex. 2010).

 

Court Upholds Jury Verdict of No Substantial Oil and Gas Drainage

The Court of Appeals affirmed the trial court’s judgment on a jury verdict in favor of Deborah Hankinson’s client, Occidental Permian. The court held the evidence was legally sufficient to support the jury’s finding that substantial drainage of oil or gas from a lease did… + read more

The Court of Appeals affirmed the trial court’s judgment on a jury verdict in favor of Deborah Hankinson’s client, Occidental Permian. The court held the evidence was legally sufficient to support the jury’s finding that substantial drainage of oil or gas from a lease did not occur. In so holding, the court relied on the testimony of two experts who found no evidence of substantial drainage and on production data that was consistent with that expected in a bottom water drive reservoir such as the lease at issue. Additionally, the court held that because the trial court reasonably could have found the testimony of an expert rebuttal witness to be unreliable, the trial court did not abuse its discretion in instructing the jury to disregard it. Finally, the court held any error in the trial court’s admission of an expert’s previously undisclosed opinion was harmless in light of the other evidence that was legally sufficient to support the verdict. Petroleum Synergy Group, Inc. v. Occidental Permian, Ltd, 331 S.W.3d 14 (Tex. App. – Amarillo 2010).

 

Fraud Judgment Reversed and Rendered on Appeal

Brett Kutnick was a principal member of the legal team that represented defendant Peter Gottlieb in an appeal of a judgment awarding the plaintiff $233,000 in actual damages and $466,000 in exemplary damages for fraud after a multi-week jury trial. The Dallas Court of Appeals denied… + read more

Brett Kutnick was a principal member of the legal team that represented defendant Peter Gottlieb in an appeal of a judgment awarding the plaintiff $233,000 in actual damages and $466,000 in exemplary damages for fraud after a multi-week jury trial. The Dallas Court of Appeals denied the plaintiff’s appeal seeking additional damages, concluded that there was no evidence to support the jury’s fraud finding against Gottlieb, and reversed the trial court’s judgment and rendered judgment that the plaintiff take nothing from Gottlieb. Cerullo v. Gottlieb, 309 S.W.3d 160 (Tex. App.–Dallas 2010, pet. denied).

 

Dallas’ Hankinson, Levinger Named Among State’s Top Appellate Attorneys by Chambers USA

DALLAS – Deborah Hankinson and Jeffrey Levinger, founding partners in the Dallas-based civil appellate firm of Hankinson Levinger LLP, are recognized as two of the state’s top appellate lawyers in the prestigious Chambers USA 2010 legal directory. The U.K.-based publication exclusively lists law firms and… + read more

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DALLAS – Deborah Hankinson and Jeffrey Levinger, founding partners in the Dallas-based civil appellate firm of Hankinson Levinger LLP, are recognized as two of the state’s top appellate lawyers in the prestigious Chambers USA 2010 legal directory. The U.K.-based publication exclusively lists law firms and attorneys who are strongly recommended based on in-depth interviews with peers and clients.

Ms. Hankinson, a former Texas Supreme Court Justice, practices appellate law and serves as a mediator and arbitrator in cases involving a variety of complex legal issues. In addition to her work at Texas’ highest civil appellate court, Ms. Hankinson previously served as a Justice on the Fifth District Court of Appeals in Dallas.

The publication notes that the “incredibly talented” Ms. Hankinson “is recommended for her intimate knowledge of judiciary procedures and her seasoned approach.” She was recognized earlier this year as one of the 500 Leading Lawyers in America by Lawdragon; one of D Magazine’s Best Women Lawyers in Dallas; and as one of the country’s top appellate attorneys in The Best Lawyers in America. She has been recognized among Texas’ top lawyers each year since the Texas Super Lawyers list first was published in 2003, and is ranked by Texas Lawyer newspaper as one of the state’s “Go-To” appellate attorneys, 2007.

Mr. Levinger, who has practiced appellate law for more than 25 years, is cited by Chambers as a “highly experienced, talented and knowledgeable appellate specialist”. Earlier this year, Mr. Levinger was named to “The Defenders,” an elite list of North Texas’ top business defense attorneys published by the Dallas Business Journal. He currently serves as Chairman of the State Bar of Texas Committee on Pattern Jury Charges (Malpractice, Premises, and Products) and is an officer of the State Bar of Texas Appellate Section. He has been recognized among Texas’ top lawyers each year since the Texas Super Lawyers list first was published in 2003, and also was honored earlier this year in D Magazine’s Best Lawyers in Dallas listing. Mr. Levinger also is listed in The Best Lawyers in America as one of the nation’s top lawyers in both appeals and commercial litigation, since 2008.

Hankinson Levinger, the preeminent civil appellate firm in the Southwest, provides clients with innovative legal insights and judicial perspective in all phases of litigation. The firm’s attorneys work with trial teams to develop strategies designed to put a case in the best position before, during, and after trial. Hankinson Levinger represents national clients, regional companies, governmental bodies, and individuals with trial and appellate matters, and offers mediation and arbitration services as well.

Learn more about the firm at http://www.hankinsonlaw.com.

For more information on Hankinson Levinger and the Chambers honor, please contact Mark Annick at 800-559-4534 or mark@androvett.com.

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Judgment Allowing Judicial Foreclosure Affirmed on Appeal

Brett Kutnick successfully represented plaintiff LPP Mortgage in the defendants’ appeal of a judgment for judicial foreclosure following a bench trial.  The Court of Appeals held that LPP Mortgage’s suit for foreclosure following its unsuccessful attempt to collect a judgment on the debt was not… + read more

Brett Kutnick successfully represented plaintiff LPP Mortgage in the defendants’ appeal of a judgment for judicial foreclosure following a bench trial.  The Court of Appeals held that LPP Mortgage’s suit for foreclosure following its unsuccessful attempt to collect a judgment on the debt was not barred by res judicata, waiver, or the Texas statute of limitations, and thus affirmed the trial court’s judgment in favor of LPP.  Stephens v. LPP Mortgage, Ltd., 316 S.W.3d 742 (Tex. App.—Austin 2010, pet. denied).