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Texas Questions & Answers
1 Answer | Asked in Civil Litigation for Texas on
Q: Can one file for a dismissal in a civil case when one does not cooperate after an order from a judge?

The plaintiff's attorney refuses to attend mediation ordered by a judge. Can I file for the case to be dismiss on those grounds?

John Michael Frick
John Michael Frick
answered on Nov 29, 2022

No, but you can file a motion to enforce the mediation order.

2 Answers | Asked in Family Law for Texas on
Q: I am preparing a TODD and my deceased husband's former wife's name is still on the deed. I am asked to sign name on deed

The instructions say to sign name exactly as appears on deed. My husband and his wife were divorced many years ago and he got the house; he left the house to me, but the only proof that it was his is the divorce papers. How should I sign the TODD?

John Michael Frick
John Michael Frick
answered on Nov 29, 2022

Exactly as YOUR name appears on the deed.

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1 Answer | Asked in Real Estate Law for Texas on
Q: We have a modular home on my daughter's property. Can we remove the home without consequences? We own the home.
John Michael Frick
John Michael Frick
answered on Nov 28, 2022

A modular home--as opposed to a mobile home--is typically a fixture because it is built on a permanent foundation. Therefore, usually the owner of the real property is the owner of the modular home.

Your question states that you are the owner of the modular home but your daughter is the...
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1 Answer | Asked in Criminal Law for Texas on
Q: Self representation and questions relating

I want to go to court and defend myself. I don't want to deny the fact that the narcotics where mine. I want to go and express the unfair the way the da has treated my case. When I bonded out I went to inpatient rehab. Successfully completed that. Got an apprenticeship job to be an... Read more »

John Michael Frick
John Michael Frick
answered on Nov 28, 2022

In Texas, you have the right to represent yourself in a criminal case. You also have the right to rebuild the engine of your car.

The question is do you have the knowledge and ability to do so properly.

If you do not, it is almost always better to hire someone who does have that...
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1 Answer | Asked in Consumer Law, Criminal Law, Employment Law and Workers' Compensation for Texas on
Q: Is a store employee aloud to put there hands on me if I did nothing wrong as in I didn't steal anything
John Michael Frick
John Michael Frick
answered on Nov 28, 2022

“Putting their hands on you” is a broad term. Generally speaking, it is not illegal to physically touch another person. On the other hand, intentionally assaulting or offensively touching someone (eg punching, slapping, kicking, clawing, forcefully shoving, etc) might be a crime depending... Read more »

1 Answer | Asked in Uncategorized for Texas on
Q: I own a vehicle with my ex partner. I am still making payments on it. She will not let me have access to it. The loan is

In both of our names as it is a joint account. What do I do?

John Michael Frick
John Michael Frick
answered on Nov 28, 2022

You can petition a court to partition the vehicle. The vehicle will be sold, the loan paid off, and proceeds divided between you after adjusting the equities.

1 Answer | Asked in Criminal Law for Texas on
Q: Out on bond been 180 days no indictment can they proceed with these charges
John Michael Frick
John Michael Frick
answered on Nov 28, 2022

Yes, they can proceed as long as the statute of limitations on the offense has not run out. The general statute of limitations for a state felony in Texas in three years, but there are a number of specific offenses with a longer statute of limitations. A few very serious offenses have no statute... Read more »

1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for Texas on
Q: IF MINORS LAND IS SOLD ARE THE MINORS MINERAL RIGHTS NOT INCUDED IN THE SALE
Aimee Hess
PREMIUM
Aimee Hess
answered on Nov 27, 2022

It depends on the language of the deed. In Texas, in most cases if the minerals are not withheld via a reservation in the deed, then they go to the grantee/buyer.

1 Answer | Asked in Employment Discrimination for Texas on
Q: I was convicted of attempted murder in 2009 but employment background checks show a murder charge. Should I sue county?

The background check showing a murder charge instead of attempted murder has made it very difficult to find meanfull employment? Should I sue the county? I was released in 2012 and have notified them of this mistake. It is severely damaging my quality of life.

John Michael Frick
John Michael Frick
answered on Nov 27, 2022

It is pointless to sue the county as it is most likely immune from any civil damages in such a case.

I recommend you obtain certified copies of your indictment, any arrest warrant affidavits, and the order disposing of the criminal charges against you and provide them to any prospective...
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1 Answer | Asked in Criminal Law and Legal Malpractice for Texas on
Q: I need a question answered very serious and important thank you.

Hi I went to court, the paper I signed stating what my next court date was, said the 14th of November. My bail bondsman sent me an email on the 6th saying that I had court on the 14th. My court date on the 14th was cancelled I have a text from my lawyer to prove it. This is where I get lost. I get... Read more »

John Michael Frick
John Michael Frick
answered on Nov 26, 2022

There is simply no way anyone could possibly answer this question in this forum. You should talk to your bail bondsman and show him the paperwork you were given showing your court date. And get another attorney to investigate for you

1 Answer | Asked in Family Law for Texas on
Q: CAN's AND CANT's when issuing Temporary orders under Family code 156 and 153.

CAN's AND CANT's when issuing Temporary orders under Family code 156 and 153.

WHAT RIGHTS CAN BE TAKEN AWAY IN A MODIFICATION AND WHAT ARE THE REQUIREMENTS TO DO SO

John Michael Frick
John Michael Frick
answered on Nov 26, 2022

Pursuant to Section 156.006 of the Family Code: While a suit for modification is pending, the court may not render a temporary order that has the effect of creating a designation, or changing the designation, of the person who has the exclusive right to designate the primary residence of the... Read more »

1 Answer | Asked in Divorce for Texas on
Q: The husband never talk just suddenly sent me a email from a attorney about divorce case, I don't know what is that?

I'm in the process of divocing the husband. But I need time to figure out something. I broke my bone and cannot work at the present. I live and rest at another place because it is too depressed if I don't move out. but husband looks like he is in hurry to finish the divorce as fast as he... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Nov 25, 2022

Retain a lawyer, Yiu may be able to get temporary spousal support until you can return to work, The service not be good but I cant tell you for sure without looking at the file..

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: What is a joint managing conservator?

I don’t want to lose my song because of something that happened that was out of my control. I had PPD after my son was born and became suicidal. But that’s not happening anymore.

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Nov 25, 2022

Both parents have rights and duties, Both parents have periods of possession. The Childs parent but th eother parent primary residence may be with one gets every thursday over night during school year and 1st3rd and 5th weekends from thursday to monday morning, 30 days in summer and every other... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: I recently got into a fight with my 20 year old brother i am 16 im not pulling kid card as I turn 17 in 2 months

He got up out of chair then he got in my face and put his hand on my shoulder I got his hands off of me and told him not to, he did it again with one hand so i shoved him the he grabbed my leg and threw a punch hit me in ear so I grabbed his head hit on counter he grabbed me again and then i shoved... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Nov 24, 2022

Retain a lawyer, You need to take a anger management class and grow up,

1 Answer | Asked in Family Law for Texas on
Q: Family law. If I divorce my husband would he be able to get full custody of our child due to my mental health

Previous self harm. Would he be able to gain custody even though there is no more self harm and I’m therapy?

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Nov 23, 2022

Retain a lawyer, If you are getting help for your mental health you should be able to be a joint managing conservator,

1 Answer | Asked in Employment Law, Copyright and Intellectual Property for Texas on
Q: can i get in trouble for using pictures i took for work, for personal matters?

i no longer work for them, and I was a part time employee when I was working for them.

edit:

What if I plan on using them to post on social media? In hopes to show my work, and attract new photography clients?

The Confidentiality Agreement I signed does not mention my work,... Read more »

John Michael Frick
John Michael Frick
answered on Nov 23, 2022

If the pictures were creative works, you could be violating your former employer's copyright interests in such works. Typically, under the work for hire doctrine, the copyright for creative works made by an employee belongs to the employer, not to the individual employee that created them.... Read more »

1 Answer | Asked in Education Law and Contracts for Texas on
Q: Does the school owe me more? Or no? Their website said the school could be finished 100% online, but now it can't.

2 months, with school that is with the Texas tdlr, has to drop out this month. I emailed questions before starting to make sure the program was fully online as the school's website stated, I have the school email stating it is fully online, in their handbook it states can finish 100% online.... Read more »

John Michael Frick
John Michael Frick
answered on Nov 23, 2022

It could be a misrepresentation depending upon what they knew and intended at the time they set up their website, sent the email, published their handbook, and promised you could finish online. Or it could simply be a breach of contract. Or it could be something completely outside of their... Read more »

1 Answer | Asked in Animal / Dog Law and Civil Rights for Texas on
Q: My story is longwinded. My dog in essence was STOLEN with the help of the local police department. What R my rights? TX.

The officer obligated me to hand over the dog. I took the woman who stole my dog to court and they found in my favor. The police bent over backwards FOR HER. She "alleges" she lost it and there is nothing I can do to her allegedly. She moved shortly after the incident which tells me she... Read more »

John Michael Frick
John Michael Frick
answered on Nov 23, 2022

It is not the mayor's job, or that of the city attorney, police department, or state attorney general, to help you enforce your judgment against the women who stole your dog.

It is your attorney's job, or your job if you are unwisely proceeding without an attorney, to file the...
Read more »

2 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Employment Discrimination for Texas on
Q: My criminal history is being used illiegaly to deny me an opportunity for employment to better myself who do it tellntx

I have 6 felonies4 of witch are sexual no convictions or arrests since 2008 no trucking company will touch me and iv had several of them tell me blatantly that I am disqualified from employment for my offenses

John Michael Frick
John Michael Frick
answered on Nov 23, 2022

The EEOC investigates claims of unlawful employment discrimination. It has published a guide on how and when employers may use a job applicant's arrest and conviction record to screen applicants. This guide is focused on when using this information to screen job applicants constitutes... Read more »

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1 Answer | Asked in Family Law for Texas on
Q: I received the annulment in November of 2021. My ex has been using my SSN to get utilities turned on in my name.

What can I do? I have filed a police report nothing is happening. I live in Texas and she lives in louisiana

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Nov 23, 2022

Freeze your credit so she cant use your credit again, Call the utility companies and turn of the services

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