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Tommie S. Dodd, et al v. James L. Wiatrek, et al,04-11-00829-CV (Tex. App. — San Antonio, Oct. 31 2012, pet. denied)

Timothy Bryan Smith represented the Dodd family to win their appeal in overturning the trial court (Hon. Donna Rayes presiding) wherin the Texas 4th Court of Appeals reversed and rendered judgment to award the Dodd family their oil and gas royalty interest in their late parents’ farm.

A deed from the late Mrs. Dodd conveyed the real estate to the Wiatreks, and contained a reservation of 1/2 royalty interest in all of the minerals of the real estate.  The Wiatrek family claimed that the royalty reservation had expired by the terms of the deed and reverted to the Wiatreks, and they sued for a declaration that the oil and gas royalties were owned entirely by the Wiatreks.  The trial court ruled that the Wiatrek family prevailed, and ordered that the Dodd family no longer owned any royalty in the oil and gas.  Tim Smith prosecuted the appeal, and the Court of Appeals reversed the trial court’s judgment, and returned the Dodds’ oil and gas royalty to them.

Business Staffing, Inc., et al v. Jackson Hot Oil Service, et al, 392 S.W.3d 183 (Tex. App. — El Paso, 2012, pet. denied)

Timothy Bryan Smith represented Cody Jackson in the Defendants’ appeal of the trial court’s order increasing the Defendants’ supersedeas bonds to total $2,176,051.  The Defendants after verdict and judgment filed affidavits under the 2003 tort reform changes to suspension of judgment rules pending appeal, to claim that they had a negative net worth by including the Jackson judgment in the liabilities on their balance sheet, which showed a positive net worth immediately prior to the judgment and without including the judgment being appealed.

The El Paso Court of Appeals affirmed the trial court’s order that the supersedeas bond during appeal is based on net worth to be calculated without including the judgment that is being appealed, if the Defendant/judgment debtor otherwise has a positive net worth. The Texas suspension of execution on a judgment on appeal statue, and Texas Rules of Appellate Procedure require a bond to be posted in the amount of one half of the debtor’s net worth.

Business Staffing, Inc., et al v. Jackson Hot Oil Service d/b/a Jackson Brothers Hot Oil Service, and Cody Jackson, 401 S.W.3d 224, (Tex. App. – El Paso, 2012, pet. denied)

Timothy Bryan Smith represented Cody Jackson in the Defendant’s appeal of the verdict and judgment, wherein the Texas 8th Court of Appeals affirmed the judgment and increased the seperate defendants’ joint and several liability to the full amount of the actual damages after the deduction/credit for a third party settlement, and the Texas Supreme Court upheld the verdict and judgment by its denial of the Defendants’ Petition For Review.