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Brown, however, did not make any arguments based on duties of loyalty or candor in either his trial court
summary judgment response or in his original appellate briefing. Brown may not raise them for the first
time in an appellate reply brief. See Clear Creek Basin Auth., 589 S.W.2d at 678-79; Swaab v. Swaab,
282 S.W.3d 519, 527 n.10 (Tex. App.-Houston [14th Dist.] 2008, pet. dism'd w.o.j.); Bynum, 129 S.W.3d at
791; see also Tex. R. App. P. 33.1(a), 38.3.
Brown v. Green (Tex.App.- Houston [14th Dist.] Sep. 1, 2009)(Hedges)
(legal malpractice, breach of fiduciary duty) (SJ for defendant affirmed)
AFFIRMED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Brock Yates and Frost
14-08-00592-CV Willard E. Brown III v. George Maynard Green and Sheehy, Lovelace & Mayfield, P.C.
Appeal from 74th District Court of McLennan County (name of judge not shown on docket)
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