December 7, 2010 in Case Summaries

Jeff Levinger represented defendants Paul Williams and Hughes-Roth Financial Group in an appeal of a 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 Dallas Court of Appeals 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.)

November 16, 2010 in Case Summaries

Jeff Levinger 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.).

August 27, 2010 in Case Summaries

Jeff Levinger 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).

July 1, 2010 in Case Summaries

Jeff Levinger represented plaintiff LPP Mortgage in the defendants’ appeal of a judgment for judicial foreclosure following a bench trial.  The Austin Court of Appeals held that LPP Mortgage’s suit for foreclosure 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).

March 8, 2010 in Case Summaries

Jeff Levinger represented defendant/counter-plaintiff Impact Equity and its two owners in their appeal of judgment rendered in favor of the plaintiff for breach of a confidentiality agreement and misappropriation of trade secrets and in the plaintiff’s cross-appeal of a judgment rendered in Impact Equity’s favor on a claim for breach of a fee agreement. The Dallas Court affirmed the judgment in favor of Impact Equity on its breach of contract claim and reversed and rendered judgment that the plaintiff take nothing on its claims. Calce v. Dorado Exploration, Inc., 309 S.W.3d 719 (Tex. App.–Dallas 2010, no pet.).