Legal Opinion · Dissent

Two Thirty Nine Joint Venture v. Joe

Texas Court of Appeals, 5th District (Dallas)

Decided November 20, 2001No. 05-98-01775-CVPublished

1DissentFitzgerald, Justice

I believe the trial court did not clearly abuse its discretion in denying the motion for continuance by appellant Two Thirty Nine Joint Venture (“239 JV’). Moreover, I would affirm the trial court’s summary judgments on behalf of both appellees Harry J. Joe (“Joe”) and Jenkens & Gilchrist, P.C. (“J & G”). I am concerned about the duty created today by the majority that may affect lawyers serving in the public sector. Therefore, I respectfully dissent.

Procedural Background

239 JV filed suit against both Joe and J & G on April 18, 1997, alleging a breach of their fiduciary duties, specifically…

2Cases cited59 opinions

  1. Mitchell v. ForsythSupreme Court of the United States · 1985
  2. Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
  3. Malley v. BriggsSupreme Court of the United States · 1986
  4. Downer v. Aquamarine Operators, Inc.Texas Supreme Court · 1985
  5. City of Houston v. Clear Creek Basin AuthorityTexas Supreme Court · 1979

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