| Also see: Disciplinary, Ethics, Disqualification, Recusal cases | legal malpractice case law excerpts | RECENT DECISIONS FROM HOUSTON COURTS OF APPEALS Claim splitting: Separate claim of breach of fiduciary duty by lawyer in legal malpractice suit rejected Duerr v. Brown et al (Tex.App.- Houston [14th Dist.] July 3, 2008)(Boyce) (legal malpractice, breach of fiduciary duty, BoFD, claim splitting, fracturing, expert to prove failure to comply with applicable standard of care stricken, denial of motion for continuance not error) AFFIRMED: Opinion by Justice Boyce Before Chief Justice Hedges, Justices Hudson and Boyce 14-07-00619-CV Scott Duerr and Kimberly Duerr v. Ron Brown, Aaron Dickey, Brown & Crouppen, P.C., George Fleming, Andres Pereira, and Fleming & Associates, L.L.P. Appeal from 334th District Court of Harris County Duerr does not state a separate breach of fiduciary duty claim based on the failure to deliver a promised level of recovery because that failure is attributed to mishandling of Duerr's claims within the class settlement structure. That is a malpractice claim as a matter of law. Duerr does not state a separate breach of fiduciary duty claim based on a "conflict of interest" arising from the settlement of multiple claims because Duerr contends his interests were compromised by the failure to deliver a promised level of recovery attributable to his lawyers' inattention to his benefit requests and appeal. That is a malpractice claim as a matter of law. See Deutsch, 97 S.W.3d at 188-90 (failure to represent client on appeal is claim for legal malpractice, not breach of fiduciary duty). Duerr does not state a separate breach of fiduciary duty claim based on a failure to disclose the asserted "conflict of interest" because the "conflict of interest" is not a separate claim, and because Duerr contends his interests were compromised by the failure to deliver a promised level of recovery attributable to his lawyers' inattention. That too is a malpractice claim as a matter of law. We overrule Duerr's first issue. Panel Majority finds that breach of fiduciary duty claim may be pursued as it was distince from legal malpractice claims, which was time-barred. One Justice disagrees Trousdale v. Henry (Tex.App.- Houston [14th Dist.] June 24, 2008)(Fowler) (legal malpractice, claim splitting, fractioning, applicable statute of limitations for negligence and breach of fiduciary duty, tolling, discovery rule) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Fowler Before Justices Brock Yates, Fowler and Guzman 14-06-00848-CV Lenieta Wylene Trousdale v. Annette M. Henry, R. Christopher Bell and Bell & Henry, L.L.P. Appeal from 129th District Court of Harris County Trial Court Judge: Samuel Grant Dorfman Concurring and Dissenting Opinion by Justice Guzman (legal malpractice claims should not be splintered into different causes of action). Poledore v. Fraley (Tex.App.- Houston [1st Dist.] June 19, 2008)(Radack) (TTCA, prisoner suit against appointed attorney for malpractice, NE-SJ reversed) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Keyes and Hanks 01-07-00583-CV Dennis James Poledore, Jr. v. Frank J. Fraley Appeal from 268th District Court of Fort Bend County Trial Court Judge: Hon. Brady G. Elliott Grimes v. Reynolds (Tex.App.- Houston [ 1st Dist.] Mar. 13, 2008)(Anderson) (dismissal of attorney malpractice suit reversed, proof of damages in Title VII suit) REVERSED AND REMANDED: Opinion by Justice Anderson 14-07-00196-CV Alice S. Grimes v. Ronald E. Reynolds, Individually, and Brown, Brown & Reynolds, P.C. Appeal from 113th District Court of Harris County Trial court judge: Honorable Patricia Ann Hancock Smith v. County of Galveston (Tex.App.- Houston [1st. Dist.] Jan. 31, 2008)(Jennings) (prison food poisoning claim dismissed, discovery dispute, attorney malpractice) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Chief Justice Radack, Justices Jennings and Bland 01-07-00634-CV Glenn F. Smith v. County of Galveston, Texas Appeal from 122nd District Court of Galveston County (Hon. John Ellisor) Lewis v. Nolan (Tex.App.-Houston [1st. Dist.] Mar. 29, 2007)(Taft)(suppl. opinion on second motion for rehearing)(supplemental record) (attorney malpractice case, failure to establish causation of damages with expert testimony, MSJ, NE-MSJ) |
| Legal Malpractice Cases from Houston Courts of Appeals (Tex.App. - Houston 2008-2007) Houston Opinions |