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Questions Answered by John Michael Frick
1 Answer | Asked in Animal / Dog Law, Landlord - Tenant, Civil Rights and Real Estate Law for Texas on
Q: Service dogs banned & rent disparity in TX apartment complex

My wife and I, who both have service dogs, live in an apartment complex in Joshua, Texas, currently named Sylvia At South Broadway. Management has banned our service dogs from the community room and issued us a lease violation for having them there, stating they do not comply with Federal or State... View More

John Michael Frick
John Michael Frick
answered on Jun 19, 2025

You can speak to a lawyer that practices in the area of housing discrimination or file a complaint: https://disabilityrightstx.org/en/handout/how-to-report-housing-discrimination/

You will want to provide proof of your disability and your service dog's training, proof you gave your...
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1 Answer | Asked in Consumer Law and Contracts for Texas on
Q: Can I remove my name from a misleadingly signed car loan in TX?

I was misled by my uncle when he informed me that he needed a co-signer for a car loan and that my name would be removed after six months of on-time payments. However, I was listed as the primary borrower, not the co-signer. My uncle is now being uncooperative regarding removing my name from the... View More

John Michael Frick
John Michael Frick
answered on Jun 19, 2025

Whether you can be removed from the loan depends on what the loan documents you sign actually say, not what your uncle may have told you.

If the loan documents are different than what your uncle may have told you, you should not have signed the loan documents. It would be very hard to...
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1 Answer | Asked in Appeals / Appellate Law and Constitutional Law for Texas on
Q: Appeal for due process violations and clerk log issues in TX

Are due process violations and out-of-sequence clerk transaction logs grounds for an appeal to remand back to trial courts? Specifically, I am concerned about the lack of notice or reasonable attempt for an ex parte TRO issued by the 325th District Court in Tarrant County, Texas. The transaction... View More

John Michael Frick
John Michael Frick
answered on Jun 18, 2025

I have never heard of out-of-sequence clerk transaction logs as being grounds for an appeal.

An ex parte TRO has a very limited duration and would expire long before an appeal could be heard, rendering any appeal from the TRO itself moot. Consequently, there is no appeal from the entry...
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1 Answer | Asked in Estate Planning, Probate and Civil Litigation for Texas on
Q: How can I challenge POA & executor rights in Texas for lack of transparency and missing funds?

I am seeking legal assistance to address and potentially change the rights of the current POA and executor for my father's affairs. Since his passing on March 26, 2024, at nearly 103 years old, I've noticed a lack of accountability and transparency from my sister, who was appointed... View More

John Michael Frick
John Michael Frick
answered on Jun 18, 2025

First, with your father's death, the POA is no longer effective. So there is nothing to change now.

Second, to address your sister's actions as executor for your father's estate, you will need to hire an attorney who practices in the area of probate law in or near the county...
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1 Answer | Asked in Civil Litigation and Contracts for Texas on
Q: How can I become a plaintiff in the lawsuit against Norada Capital due to default on a promissory note?

I have a $100,000 promissory note with Norada Capital Investments, which has defaulted. I would like to become a plaintiff in the federal lawsuit Taylor et al vs Norada Capital Management LLC et al, which is currently active. I have documentation concerning the default, and I need guidance on the... View More

John Michael Frick
John Michael Frick
answered on Jun 18, 2025

You need to hire a civil trial attorney licensed to practice in the district where the current federal lawsuit is pending. That attorney will have to evaluate whether you can intervene in that lawsuit in light of its current procedural posture or whether you should file your own lawsuit. In order... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Consumer Law for Texas on
Q: Bought house with undisclosed issues; seeking compensation and contract exit.

I bought a house in January 2024, and the first weekend we discovered it had no plumbing, which the previous owner failed to disclose. We have witnesses stating he was aware of this issue, which both the city and a plumber confirmed must have been a long-standing problem. We had to install a... View More

John Michael Frick
John Michael Frick
answered on Jun 17, 2025

Most previously owned homes are sold without warranty. Most of the problems you identify should have been discovered by a home inspector during your pre-purchase inspection, especially the absence of any plumbing. With respect to "foundation problems," most homes in Texas, especially... View More

2 Answers | Asked in Estate Planning and Family Law for Texas on
Q: How to protect my house for my kids in Texas after remarriage?

I have a fully paid-off house that I owned before remarrying. I want to ensure that if either my spouse or I pass away, the house will go to my children, who are 26 and 21, rather than to my spouse's child, who is 15. Should I do any paperwork to protect the house for my kids?

John Michael Frick
John Michael Frick
answered on Jun 17, 2025

You can do either a Will or a transfer on death deed (TODD). If you use the house as your marital homestead (vs as a rental home, for example), your spouse will have a life estate in the home if you die first.

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Q: Potential forgery of power of attorney related to insurance and property.

I suspect someone may have forged power of attorney paperwork on my behalf related to my late aunt, who had custody of my son during my incarceration. We discussed an insurance policy, and I was informed afterward by another aunt that there was no insurance payout, which seems false. I have proof... View More

John Michael Frick
John Michael Frick
answered on Jun 16, 2025

You can either hire a private investigator or attempt to do the legwork yourself. With respect to the house, there should be deed records, tax, records, and possibly probate records which you can obtain. If you were named as the beneficiary of an insurance policy, the insurance company will... View More

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1 Answer | Asked in Civil Rights and Employment Law for Texas on
Q: Is it legal for my manager to disclose my salary during a meeting with state employees and contractors?

In a recent scheduled meeting with state employees and contractors, my manager disclosed my salary without any justifiable reason, even though the meeting was about an unrelated subject. The disclosure was witnessed by others present at the meeting. Is this legal, and what should I consider doing... View More

John Michael Frick
John Michael Frick
answered on Jun 16, 2025

In the absence of an agreement to the contrary, there is no law prohibiting the disclosure of your salary information. In various circumstances, there are laws which specifically protect the disclosure of salary information even when there is an agreement or employer policy to the contrary. These... View More

1 Answer | Asked in Civil Rights, Appeals / Appellate Law and Family Law for Texas on
Q: How can I challenge wrongful termination of parental rights based on false claims in Texas?

My parental rights were terminated based on false claims made by a caseworker who purged herself in front of the judge. Despite having no history of assault—physically, sexually, mentally, or verbally—against any child, the caseworker falsely presented a narrative that led to the termination of... View More

John Michael Frick
John Michael Frick
answered on Jun 16, 2025

Your appeal should address the issues you raise. If the appellate court acknowledged there was no evidence to support the termination of your parental rights, that court will issue a mandate to the trial court reversing its judgment against you.

2 Answers | Asked in Divorce, Landlord - Tenant, Gov & Administrative Law, Family Law and Real Estate Law for Texas on
Q: How can I address a receivership issue regarding my home related to divorce settlement in Texas?

My home is currently in receivership due to a divorce settlement, and the decree allows me to stay until it is sold. The receiver's orders state that eviction is possible only if I obstruct the sale, which I am not doing. Despite this, the receiver has filed a case in JP court seeking my... View More

John Michael Frick
John Michael Frick
answered on Jun 16, 2025

In Texas, JP courts have exclusive original jurisdiction over every eviction case. Even though the receiver was appointed by another court pursuant to its jurisdiction over matters arising from the Family Code, the receiver is required to file the eviction case in JP court.

At the eviction...
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2 Answers | Asked in Civil Rights and Employment Law for Texas on
Q: Was my termination wrongful and is my crossed-out signature void?

I was fired after reporting racial slurs made by an employee and after calling the cops on my manager for assaulting me. Despite never having been formally counseled before my termination, they claimed I had agreed to performance reviews. When I was fired, I signed a paper but immediately crossed... View More

John Michael Frick
John Michael Frick
answered on Jun 11, 2025

Whether your termination was wrongful will depend upon the facts as determined by the trier of fact, a judge or jury, considering all of the evidence introduced at trial. Evidence that you properly reported racial slurs made by an employee in close proximity to the time you were fired raises a... View More

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2 Answers | Asked in Contracts and Employment Law for Texas on
Q: Can my contracting company enforce minimum weekly hours as an independent contractor?

I have been working as an independent contractor for a company for over five years, renewing my contract every six months. My contract states that I can control my own schedule and decide how much time to devote to services. However, the company recently emailed me stating that I must work a... View More

John Michael Frick
John Michael Frick
answered on Jun 10, 2025

You should contact the company that hired you as an independent contractor and let them know that your agreement with them allows you to control your own schedule and decide how much time to devote to servicing them. If you have other clients who also hire you as a contractor, it may be time to... View More

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2 Answers | Asked in Animal / Dog Law and Civil Litigation for Texas on
Q: Do I have to pay the neighbor's horse medical bills after it kicked through the fence?

I live in a rural area without leash laws, and my dog approached a neighbor's fence where their horse was. The horse kicked through the fence, injuring itself. My dog was unharmed. The neighbor asked me to pay the full medical bills for the horse, but I offered to pay half. There are no local... View More

John Michael Frick
John Michael Frick
answered on Jun 10, 2025

It depends on whether you took reasonable care to control your dog. If you are negligent in failing to control your pet, you can be legally liable for any harm it causes. When there is a leash law or local ordinance, it can be per se negligence as a matter of law if you do not comply with that... View More

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3 Answers | Asked in Appeals / Appellate Law, Child Support, Employment Law and Family Law for Texas on
Q: How can I appeal a child support decision not considering late discovery documents and VA disability?

I am incarcerated and facing child support arrears issues. My attorney informed me on 4/21/25 that my discovery was due by 4/28/25. I sent the required documents by 4/25/25, but my attorney failed to find the email and only tried to submit them on the hearing day. The court didn't allow it,... View More

John Michael Frick
John Michael Frick
answered on Jun 10, 2025

Evidence like your VA disability and financial situation should have been considered in the proceeding determining the amount of child support you were ordered to pay. If that changed in your favor after the child support order was entered, it was incumbent on you to promptly file a motion to... View More

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2 Answers | Asked in Consumer Law, Lemon Law and Contracts for Texas on
Q: Do I have a case with Autonation for undisclosed car repairs?

I purchased a used car from Autonation and bought a warranty through Veratas, which covers up to $10,000. Six months later, I've discovered it requires three times its worth in repairs, including major transmission issues, despite assurances from the salesman that the car had passed a 50-point... View More

John Michael Frick
John Michael Frick
answered on Jun 10, 2025

Maybe if the sale was not "as-is." Take you sale documents, your warranty documents, repair receipts, and any outstanding repair estimates to an attorney who practices in the area of consumer law in or near the county where you purchased the car. Most will provide an initial... View More

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2 Answers | Asked in Criminal Law and Personal Injury for Texas on
Q: Can I be arrested for egging a car and garage door causing paint chipping?

I am concerned about being arrested after someone indicated they intend to press charges against me for egging their car and garage door, which resulted in paint chipping. This incident happened the same night I was involved in another similar act. There has been no direct contact with law... View More

John Michael Frick
John Michael Frick
answered on Jun 9, 2025

This is a classic vandalism case. You can be charged with criminal mischief. The "class" of your offense would be determined by the dollar cost to properly repair the damage. If it is between $100 and $750, it would be a Class B misdemeanor.

If this is your first offense, you...
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2 Answers | Asked in Real Estate Law, Contracts and Civil Litigation for Texas on
Q: Obligations after pool epoxy peeling in home sale agreement.

I sold a home in December and included in the purchase agreement was a condition that I, as the seller, would paint/epoxy the pool at my own expense. Due to weather conditions, it was agreed that I would complete this task after the escrow closed and the weather improved. I recently hired a painter... View More

John Michael Frick
John Michael Frick
answered on Jun 9, 2025

You should contact the painter and demand that he cure the work. If he refuses to do so, you should hire another painter to remedy the situation, pay that painter, and then sue the first painter you hired for the remedial work.

As a construction litigation attorney who has represented...
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Q: Wrongful conviction appeal for Medicare Fraud in Texas.

My father is serving a ten-year sentence in Federal State Prison after being wrongfully convicted of Medicare Fraud in Houston, TX. The case involved multiple individuals responsible for billing. Despite no new evidence, my father filed an appeal, which was dismissed by the judge for allegedly... View More

John Michael Frick
John Michael Frick
answered on Jun 9, 2025

Your father needs to hire an attorney licensed to practice before the Fifth Circuit who handles criminal appeals. That attorney will evaluate the procedural facts to determine whether his appeal was timely. Your father has 14 days to file a petition for panel rehearing from the date of entry of... View More

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2 Answers | Asked in Contracts and Civil Litigation for Texas on
Q: How to address unexpected factoring clause in a contract?

On February 17, 2025, I signed a contract that was intended to be solely a fuel contract, but I later discovered that factoring was included without prior discussion. Recently, Fleetsmart contacted me, stating that factoring with them is the only option. I've tried to get released from this... View More

John Michael Frick
John Michael Frick
answered on Jun 6, 2025

If the written contract you signed contains factoring, a lawyer needs to review that entire contract to determine what it says about terminating the contract. Another alternative may be to negotiate a release from Fleetsmart which may require a payment of some kind by you to secure the release.... View More

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