Legal Opinion · Concurring in part, dissenting in part

Elizondo v. Krist

Texas Court of Appeals, 14th District (Houston)

Decided April 21, 2011No. 14-09-00267-CVPublished

1Concurring in part, dissenting in partTracy Christopher, Justice

I agree with the majority on the fifth issue concerning fee forfeiture. But because I believe the Elizondos presented some evidence of damages in response to the no-evidence motion for summary judgment on damages, I respectfully dissent. The Elizondos have made the following factual allegations:

March 28,2005: Jose signed a power of attorney with Wells.

August, 31, 2005: Wells sent a $2,000,000 demand letter to BP on behalf of both Jose and Guillermina.

December 9, 2005: BP offered $50,000 to settle the Elizondos’ case.

December 21, 2005: Wells associated Kevin Krist, Ronald Krist and the Krist…

2Cases cited7 opinions

  1. Burrow v. ArceTexas Supreme Court · 1999
  2. Wal-Mart Stores, Inc. v. AlexanderTexas Supreme Court · 1994
  3. Rizkallah v. Conner, Texas Court of Appeals, 1st District (Houston)1997
  4. Ginsberg v. Fifth Court of AppealsTexas Supreme Court · 1985
  5. Hou-Tex, Inc. v. Landmark Graphics, Texas Court of Appeals, 14th District (Houston)2000

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