Representative Appellate Matters

Represented a former employee in a mandamus proceeding arising from an employment-discrimination suit against an energy company. Successfully opposed the employer’s effort to obtain dismissal based on an allegedly untimely administrative complaint, preserving the trial court’s denial of its plea to the jurisdiction and allowing the discrimination suit to proceed. In re Pioneer Natural Resources USA, Inc., No. 13-26-00511-CV, 2026 WL 2529125 (Tex. App.—Corpus Christi Aug. 26, 2026, orig. proceeding) (mem. op.)
Represented a physician and her medical practice in litigation over the alleged mishandling of a commercial-property insurance claim following a fire at their medical office. Successfully opposed a petition for writ of mandamus, preserving the trial court’s denial of a Rule 91a motion to dismiss the clients’ third-party claims. In re Attune Insurance Servs., LLC, No. 13-26-00468-CV, 2026 WL 2593699 (Tex. App.—Corpus Christi Sept. 1, 2026, orig. proceeding) (mem. op.)
Represented commercial developer in a dispute over construction and operation of a commercial development. Successfully defended the denial of an economic development corporation’s plea to the jurisdiction, defeating its claim of governmental immunity from suit. Also secured affirmance of a temporary injunction barring the corporation from collecting tenants’ rent, communicating with tenants about their leases, and enforcing a stop-work order. San Benito Econ. Dev. Corp., Inc. v. Varco Real Estate San Benito, LLC, No. 13-25-00016-CV, 2026 WL 1426293 (Tex. App.—Corpus Christi May 21, 2026, no pet.) (mem. op.)
Represented music companies in a dispute over rights to distribute a band’s recordings and copyright takedown notices. Successfully defended dismissal of a rival recording company’s state-law counterclaims as preempted by federal copyright law and defeated its efforts to obtain broader declaratory and injunctive relief. Also preserved the denial of its request to increase attorney’s fees from $50,000 to $629,518.45. Tierra Caliente Music Group, S.A. de C.V. v. Ser-Ca Discos, Inc., No. 24-40816, 2025 WL 3678503 (5th Cir. Dec. 18, 2025)
Represented purchaser of a commercial plaza under a $1.1 million sales agreement in an appeal from an adverse forcible-detainer judgment. Successfully reversed the judgment and obtained dismissal for lack of jurisdiction, establishing that the right to possession depended on resolving a title dispute beyond the lower courts’ authority in an eviction proceeding. Aracely Enterprises, LLC v. Sesatty Enterprises, LLC, No. 13-24-00058-CV, 2025 WL 2166592 (Tex. App.—Corpus Christi July 31, 2025, no pet.) (mem. op.)
Represented motorist whose negligence suit against a county arising from a collision with a sheriff’s deputy was dismissed on governmental-immunity grounds. Successfully obtained rehearing and reversal of the dismissal, establishing that disputed facts concerning the deputy’s recklessness precluded dismissal under the emergency-response exception to the statutory waiver of immunity, allowing client’s claims to proceed. Delgado v. Cameron Cnty., No. 13-23-00098-CV, 2024 WL 5087387 (Tex. App.—Corpus Christi Dec. 12, 2024, no pet.) (mem. op.) (op. on reh’g)
Represented homebuilder against homeowners’ claim for breach of the implied warranty of good and workmanlike repair arising from alleged foundation defects. Successfully defended a no-evidence summary judgment dismissing the claim, establishing that the homeowners failed to present evidence that the builder’s allegedly deficient repairs proximately caused their foundation damage. Ahsan v. Perry Homes, LLC, No. 13-22-00548-CV, 2024 WL 3307312 (Tex. App.—Corpus Christi July 5, 2024, no pet.) (mem. op.)
Represented family pursuing wrongful-death and survival claims arising from a fatal collision between commercial trucks. Successfully defended the denial of defendants’ motions to transfer venue, preserving the family’s chosen forum by establishing that evidence of a defendant driver’s residence supported venue and that defendants’ contrary evidence did not conclusively defeat it. 3HM Trucking, LLC v. Elizondo, No. 13-23-00135-CV, 2024 WL 1202907, at *1 (Tex. App.—Corpus Christi Mar. 21, 2024, pet. denied) (mem. op.)
Represented former state employee in a second appeal arising from his gender-discrimination suit. Successfully defended the denial of the state agency’s renewed plea to the jurisdiction, establishing that evidence of more favorable treatment of similarly situated female employees raised a fact issue concerning whether the agency’s stated reason for termination was a pretext for discrimination, allowing client’s claim to proceed. Tex. Health & Hum. Servs. Comm’n v. De La Cruz, No. 13-21-00082-CV, 2023 WL 2422501 (Tex. App.— Corpus Christi Mar. 9, 2023) (mem. op.)
Represented estate administrator facing child-support claims pursued after the underlying suit had been nonsuited. Successfully obtained mandamus relief directing the trial court to vacate all orders issued after the joint notice of nonsuit and enter an order of nonsuit, establishing that the notice extinguished the entire case and the claims had not been properly revived. In re Leticia Guerrero Garza, Administrator of the Estate of Jorge Luis Garza, No. 13-22-00483-CV, 2022 WL 17082674 (Tex. App.—Corpus Christi Nov. 18, 2022, orig. proceeding) (mem. op.)
Represented a surviving spouse in an appeal involving competing claims to more than 277 acres and the interpretation of wills, a testamentary trust, and deeds. Successfully defended a summary judgment confirming her ownership of the property’s surface estate and rejecting the competing claims of her late husband’s descendants, including their request for attorney’s fees. Gutierrez v. Gutierrez, 662 S.W.3d 573 (Tex. App.—El Paso 2022, no pet.)
Represented investors pursuing fraud, civil-conspiracy, and breach-of-contract claims. Successfully defended a default judgment awarding more than $9.42 million, plus punitive damages and attorney’s fees, and imposing a constructive trust, equitable lien, and receivership over defendants’ property. Defeated a restricted appeal by establishing that the challenger relied on evidence outside the record available for appellate review. Cantu v. Lopez, No. 13-20-00398-CV, 2022 WL 2068970 (Tex. App.—Corpus Christi June 9, 2022, no pet.)
Represented property seller, individually and as estate administrator, in defending a judgment awarding possession of a 202-acre ranch. Successfully defeated purchasers’ jurisdictional challenge, establishing that the sales contract’s tenancy-at-sufferance provision permitted the court to determine possession without resolving a title dispute. Obtained affirmance of the judgment securing client’s right to possession. De Hoyos v. Cruz, No. 04-20-00361-CV, 2021 WL 5496353 (Tex. App.—San Antonio Nov. 24, 2021, pet. denied) (mem. op.)
Represented municipal housing authority and its commissioners against a former executive director’s breach-of-contract and constitutional claims arising from his termination. Successfully reversed the denial of clients’ Rule 91a motion to dismiss, obtaining an opinion directing dismissal of all claims without another opportunity to replead and establishing clients’ entitlement to attorney’s fees. Edinburg Housing Authority v. Ramirez, No. 13-19-00269-CV, 2021 WL 727016 (Tex. App.—Corpus Christi Feb. 25, 2021, no pet.) (mem. op.)
Represented irrigation district board member sued for defamation by the district’s former general manager over a statement concerning his termination. Successfully reversed the denial of client’s motion to dismiss under the state’s anti-SLAPP statute, obtaining an opinion directing dismissal of the suit and an award of attorney’s fees and costs because the challenged statement was not defamatory. Izaguirre v. Aguilar, No. 13-19-00225-CV, 2021 WL 727017 (Tex. App.—Corpus Christi Feb. 25, 2021, pet. denied) (mem. op.)
Represented medical partnership in a dispute with former investors over the repurchase of their ownership interest. Successfully defended the judgment confirming an arbitration award rejecting the investors’ claims and awarding clients more than $482,000 in attorney’s fees, costs, and expenses. Defeated challenges to the arbitrators’ authority and efforts to obtain expanded judicial review of the award. Sanchez v. Doctors’ Hospital at Renaissance, Ltd., No 13-19-00365-CV, 2021 WL 266614 (Tex. App.—Corpus Christi Jan. 21, 2021, pet. denied) (mem. op.)
Represented an injured worker appealing an adverse summary judgment entered without notice of the motion or hearing. Established that his delayed receipt of the judgment extended his appellate deadlines and secured reversal of the order denying a new trial. The appellate court held that the lack of notice violated due process and remanded for a new trial. Garza v. Grupo Comercio Mundial, Inc., No. 04-19-00564-CV, 2020 WL 5646470 (Tex. App.—San Antonio Sept. 23, 2020, no pet.) (mem. op.)
Represented father in an appeal challenging child-support and conservatorship provisions of a divorce decree. Successfully defended the order requiring the mother to pay $4,000 in child support, defeating her challenge to the evidence of her ability to pay. The court also dismissed the mother’s challenges to the conservatorship provisions. In the Interest of J.D., a Child, No. 04-19-00239-CV, 2020 WL 4607015 (Tex. App.—San Antonio Aug. 12, 2020, no pet.) (mem. op.)
Represented internationally recognized recording artist and her family in a defamation suit against television companies and a television host. Successfully preserved claims based on fourteen allegedly defamatory statements by establishing that defendants’ anti-SLAPP motion was untimely as to those claims and that adding details to previously pleaded statements did not restart the statutory deadline for seeking dismissal. TV Azteca, SAB de CV v. Trevino Ruiz, 611 S.W.3d 24 (Tex. App.—Corpus Christi Jan. 9, 2020, no pet.)
Represented an injured motorist and passenger in a mandamus proceeding arising from their negligence suit against a municipality. Successfully opposed the municipality’s effort to compel authorizations for access to the clients’ health care, employment, and tax records, preserving the trial court’s order denying the requested discovery. In re City of Pharr, No. 13-19-00384-CV, 2019 WL 4200294 (Tex. App.—Corpus Christi Sept. 5, 2019, orig. proceeding) (mem. op.)
Represented a newly elected district attorney in an appeal involving former employees’ claims of political retaliation under the First Amendment. Obtained reversal of the denial of qualified immunity as to four former employees, defeating their claims against the district attorney in his individual capacity. Maldonado v. Rodriguez, 932 F.3d 388 (5th Cir. 2019)
Represented law firm in a fee dispute with a former client. Successfully defended a judgment awarding $469,921.43 in unpaid contingency fees, attorney’s fees, and prejudgment interest, plus conditional appellate attorney’s fees. Preserved the firm’s contractual right to a percentage of the settlement and defeated challenges to the reasonableness and recoverability of its enforcement fees. Garza v. The Pruneda Law Firm, PLLC, No. 13-18-00222-CV, 2019 WL 2384155 (Tex. App.—Corpus Christi July 25, 2019, pet. denied) (mem. op.)
Represented a produce distributor in an appeal involving trade secrets and competing business operations. Successfully defended a modified temporary injunction restricting solicitation of customers and growers and prohibiting use of trade secrets and confidential information. The appellate court affirmed the injunction, rejecting challenges to its evidentiary support, scope, and specificity. Super Starr Int’l, LLC v. Fresh Tex Produce, LLC, No. 13-18-00233-CV, 2019 WL 2385564 (Tex. App.—Corpus Christi June 6, 2019, pet. granted, judgm’t vacated w.r.m.) (mem. op.)
Represented members of a Mexican musical group in an appeal involving an artist management company’s claims for breach of a representation agreement and unfair competition. Successfully defended dismissal of the lawsuit on forum non conveniens grounds, enforcing a mandatory contractual forum-selection clause requiring litigation in a foreign court. Sultana Entertainment, LLC v. Robles Gutierrez, 752 Fed. Appx. 203 (5th Cir. Feb. 12, 2019)
Represented former state employee pursuing a gender-discrimination claim arising from his termination. Successfully defended the denial of the state agency’s plea to the jurisdiction, defeating its argument that the employee’s administrative complaint was untimely. Established that a later sworn charge related back to the timely filed unsworn complaint, preserving client’s right to pursue his claim. Tex. Health and Human Servs. Comm’n v. De La Cruz, No. 13-17-00292-CV (Tex. App.—Corpus Christi May 24, 2018, pet. denied) (mem op.)
Represented plaintiff in a cross-border scrap-metal business dispute involving fraud, breach of fiduciary duty, and misappropriation claims. Successfully opposed mandamus relief in the court of appeals and Texas Supreme Court, preserving orders denying defendants’ requests to dismiss or abate the suit and apply Mexican law. In re Scrap Metal Servs., LLC, No. 13-17-00642-CV, 2017 WL 5953102 (Tex. App.—Corpus Christi Nov. 29, 2017, orig. proceeding [mand. denied]) (mem. op.).
Represented road-construction company whose $2.35 million arbitration award against a city for construction delays and disruptions was vacated by the trial court. Successfully reversed the orders vacating the award and denying confirmation, obtaining an appellate judgment confirming the award and defeating the city’s challenges to the arbitrator’s authority and its request to reduce the damages. IOC v. City of Edinburg, No. 13-16-00117-CV, 2017 WL 3084293 (Tex. App.—Corpus Christi July 20, 2017, pet. denied) (mem. op.)
Represented private lender in litigation arising from a defaulted commercial-development loan. Successfully defended the client’s $574,062 trial attorney’s fee award against claims that counsel’s preparation and trial work were excessive. Sky View at Las Palmas, LLC v. Mendez, No. 13-15-00019-CV, 2017 WL 219122 (Tex. App.—Corpus Christi Jan. 19, 2017) (mem. op.), rev’d on other grounds, 555 S.W.3d 101 (Tex. 2018)
Represented maternal grandparents appealing the denial of their petition to adopt their grandchild after the child’s parents died. Obtained reversal and remand by demonstrating that the finding against adoption was contrary to the great weight and preponderance of the evidence, including evidence of the grandparents’ loving, stable home and the child’s desire to be adopted. In re C.J.T., No. 04-14-00621-CV, 2016 WL 413262 (Tex. App.—San Antonio Feb. 3, 2016, no pet.) (mem. op.)
Represented homeowners defending against a bank’s post-foreclosure eviction suit. Successfully defended the judgment awarding clients possession of their home, establishing that the bank failed to introduce evidence of notice to vacate or refusal to surrender possession and could not cure those deficiencies by relying on documents merely contained in the court’s file. Deutsche Bank Nat’l Trust Co. v. Jones, No. 13-14-00464-CV, 2015 WL 4116860 (Tex. App.—Corpus Christi July 2, 2015, no pet.) (mem. op.)
Represented physicians and a medical practice in an appeal arising from a dispute over medical imaging equipment, unpaid rent, and diverted funds. Obtained dismissal of the opposing company’s appeal by establishing that its attorneys lacked authority to pursue it, preserving a judgment awarding $2.37 million in damages, attorney’s fees, and expenses, plus interest and conditional fees. Nolana Open MRI Ctr., Inc. v. Pechero, No. 13-13-00552-CV, 2015 WL 601916 (Tex. App.—Corpus Christi Feb. 12, 2015, no pet.) (mem. op.)
Represented maternal grandparents in a mandamus proceeding challenging an order granting paternal grandparents possession of and access to a child during a pending adoption case. Obtained mandamus relief directing the trial court to vacate the order because the paternal grandparents lacked standing and the court lacked jurisdiction to grant the requested access. In re Gonzalez, No. 04-14-00485-CV, 2014 WL 4922933 (Tex. App.—San Antonio Oct. 1, 2014, orig. proceeding) (mem. op.)
Represented plaintiffs in litigation arising from a vehicular collision on an international bridge. Successfully opposed a trucking company’s petition for writ of mandamus, preserving the trial court’s denial of requests to dismiss the case on forum non conveniens grounds or apply foreign law. In re Gonzalez Trucking S.A. de C.V., No. 13-14-00222-CV, 2014 WL 2566318 (Tex. App.— Corpus Christi May 30, 2014, orig. proceeding [mand. denied]) (mem. op.)
Represented businessman and related companies pursuing legal-malpractice and breach-of-fiduciary-duty claims against their former attorneys. Successfully defended orders denying transfer of venue and defeated the attorneys’ petition for writ of mandamus, preserving clients’ chosen forum despite venue-selection provisions in a settlement agreement and an agreed motion to transfer. In re Shamoun & Norman, LLP, 398 S.W.3d 272 (Tex. App.— Corpus Christi 2012, pet. dism’d)
Represented a company in a consolidated interlocutory appeal and mandamus proceeding challenging orders that blocked payment of funds owed to it and required their deposit into the court’s registry. Obtained reversal of the temporary injunctions and mandamus relief directing the trial court to vacate the attachment orders, which improperly deprived the company of the use of its money. In re Grupo Consejero Mundial, SA de CV, No. 13-11-00493-CV, 2012 WL 1073349 (Tex. App.—Corpus Christi Mar. 29, 2012, orig. proceeding) (mem. op.)
Provided pro bono representation to a defendant convicted of a felony and sentenced to twenty-five years in prison. Successfully obtained reversal and a judgment of acquittal by establishing that the prosecution failed to prove the offense charged in the indictment. Defended the acquittal before the state’s highest criminal court, which affirmed the judgment. Avery v. State, 341 S.W.3d 490 (Tex. App.—Corpus Christi 2011, aff’d, 359 S.W.3d 230 (Tex. Crim. App. 2012)
Represented a plaintiff seeking eviction in a forcible-detainer suit. Successfully opposed a petition for writ of mandamus challenging a summary judgment in the client’s favor. The appellate court denied relief and lifted its stay of proceedings under any writ of possession, allowing enforcement to proceed. In re Ortega, No. 13-11-00066-CV, 2011 WL 1107182 (Tex. App.—Corpus Christi Mar. 23, 2011, orig. proceeding) (mem. op.)
Represented plaintiffs in wrongful-death and personal-injury litigation arising from an oil rig accident. Successfully opposed an exploration company’s petition for writ of mandamus, preserving an order authorizing depositions— including opposing counsel’s deposition—and document production to investigate alleged discovery abuse involving untimely produced evidence. In re The Houston Exploration Co., No. 04-10-00503-CV, 2010 WL 3576582 (Tex. App.—San Antonio Sept. 15, 2010, orig. proceeding) (mem. op.)

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