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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.[15]  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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