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Texas Questions & Answers
1 Answer | Asked in Civil Litigation for Texas on
Q: Alaw firm refuses to send me my share of a payout wonagainst a pizza franchise owner 4 unfair,low wages delivery drivers

I filled out their form and sent it back to their offices before deadline last December on the 30th of 2023

John Michael Frick
John Michael Frick
answered on Dec 24, 2024

You can sue your lawyer for breach of contract and breach of fiduciary relationship.

Take your attorney employment agreement and the settlement agreement you signed with the franchise owner to another civil trial lawyer in or near the county where your lawsuit against the pizza franchise...
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2 Answers | Asked in Arbitration / Mediation Law for Texas on
Q: Before my arbitration was final my attorney sued me on behalf of a codefendant. Is this grounds for a mistrial?
John Michael Frick
John Michael Frick
answered on Dec 24, 2024

Generally speaking, there is not a “mistrial” in arbitration proceedings.

But arbitrators have broad discretion within the rules of the selected tribunal to reopen proceedings and to hear new evidence.

You should hire a new attorney to represent you in the arbitration to...
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2 Answers | Asked in Probate for Texas on
Q: When is probating a will complete so I can close out the checking account
Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 19, 2024

When the Estate is ordered closed.

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2 Answers | Asked in Real Estate Law, Divorce and Family Law for Texas on
Q: Hi, In Texas, is the house always split equally? I have made every mortgage payment and pay all utilities.

She has not contributed at all to the house even thought she did have a job some of the times. She would quiet or get fired after a few weeks. She is on the title of the house, but not the mortgage or any of the bills.

James Clifton
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James Clifton
answered on Dec 19, 2024

The house will be split equitably. If one person made more payments than the other, that can be taken into account when splitting up the asset. If this is a partition lawsuit, it is important that you are represented to maximize the amount you receive from the property. If this is a divorce, you... View More

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2 Answers | Asked in Probate for Texas on
Q: My husband died with a will that requested all his debts to be payed on his passing. HIs dad was the executor

step mother co executor. His father passed before my husband. The step mother said she did not want anything to do with anything. The will said he was not married at the time but had a son. My husband did not know he had a son until the boy was 14years old and my husband had cone into an... View More

Isaac Shutt
Isaac Shutt
answered on Dec 18, 2024

It sounds like the "son" was born prior to the making of the will. In that case, the beneficiaries actually named in the will should inherit. You should definitely seek a probate attorney's help, ASAP. There are lots of issues here. If you're listed as the beneficiary in the... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: How long does the d.a.office have to indict a person arrested for fraud in Texas before they have to dismiss ?
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 18, 2024

There are two (2) rules for the timing of an indictment in TX.

Once you are arrested for a FELONY, the DA has 90 days to Indict you. If they don't Indict you within 90 days, you can get the court to release you on an ROR bond. That means $0 bond. Released on your own Reconnaissance....
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1 Answer | Asked in Civil Litigation for Texas on
Q: I had a schedule to dismiss hearing on 10/9. When I check the case still shows pending but it not on the docket anymore.

The court has not updated since the motion date. Did it get removed from docket by mistake?

John Michael Frick
John Michael Frick
answered on Dec 23, 2024

It would help if you included in your question a summary of what happened at the dismissal hearing.

It could have been removed from the docket by mistake. If you did not attend the dismissal hearing, it is possible that the case was dismissed. It is also possible that the other side...
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0 Answers | Asked in Real Estate Law for Texas on
Q: If husband paid off his property land already and ex wife is now claiming to get $15,000. What can he do?

Husband says she left with kids about 15 years more less ago from house. Husband said she had told him she didn't want anything but the divorced. He gave her the divorce and he has been paying for the property himself. About 4 years ago He asked me to come lived with him. She found out and... View More

0 Answers | Asked in Consumer Law and Small Claims for Texas on
Q: Purchased used car June 24 now it has wiring problems estimated at 10K. Do I have cause of action ?

The car was purchased in McKinney from a Dallas company, I was looking at two cars, one being out of state. I was told this car had no issues and they were local in case I had any problems. I purchased under this assurance ! The car is a Superformance Cobra built in 2008. The car did have problems... View More

0 Answers | Asked in Car Accidents and Personal Injury for Texas on
Q: what will our insurance cover if our son who lives with us but not on our insurance policy crashes car & is injured?

Son had medical emergency while driving, passed out and hit curb, severely damaged the car and fractured spine due to not wearing a seat belt

1 Answer | Asked in Real Estate Law for Texas on
Q: Are foundation warranties automatically transferred to a new owner of a home that had previous foundation work done?

My wife and I purchased a home in 2020 that had previously had foundation work done by a company called Dawson Foundation Repair. The home started to show signs of settling in 2022, so we reached out to have them come adjust the piers that were already installed/potentially install additional... View More

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 18, 2024

An agreement from a private company is transferrable to a new owner. However, that agreement contains the details and obligations, of the parties to it. If you can get a copy of the original agreement, the terms of transfer will be there. If not, then there is a problem.

If there is a small...
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1 Answer | Asked in Banking for Texas on
Q: What kind of attorney do I need for a banking issue?

I put money in Icon Bank, which merged with Bancorp South, which is now Cadence Bancorporation. The president of Icon Bank is still the president of Cadence Bank. Same man. They will only go back 7 years with showing account information. We were able to only get $4000 something back. They owe us... View More

John Michael Frick
John Michael Frick
answered on Dec 23, 2024

You need to take all of your documentation, including your monthly bank statements, to an attorney who practices in or near the county where the bank is located with experience in banking law. Since account numbers and routing numbers might have changed, a chronology reflecting your original... View More

0 Answers | Asked in Divorce for Texas on
Q: Traveling judge heard my final divorce court 7months ago, court not able to contact him to finalize divorce. What to do?

Whatever documentation the judge was supposed to file cannot be found and every time either lawyer contacts the court about this situation the answer is always the same, that they are unable to get in touch with the traveling judge. I tried to contact the court myself regarding this issue and was... View More

0 Answers | Asked in Family Law and Domestic Violence for Texas on
Q: How do I get my belongings back from my estranged husband when he is withholding them?

He relocated RV, sold it & plans to leave state soon. I believe he already threw my belongings away & stringing me along with no intentions to return belongings so he can get out of state without getting in trouble for destroying my belongings

0 Answers | Asked in Elder Law for Texas on
Q: hello, I am looking for a law office who will help my mother and me to get a POA for her due to Alzheimer

Mom is in the middle stages of alzheimer for over 10 ten years and she is now wanting for me her daughter to be her POA. I have always help her but now it is more red tape to help her with certain medical assistance for her without a POA. If someone could please contact me with information

2 Answers | Asked in Business Law and Civil Litigation for Texas on
Q: Is it possible to find out all previous lawsuits/cases filed against a company?
John Michael Frick
John Michael Frick
answered on Dec 28, 2024

Theoretically, you can search the court records of every court in the United States (with certain exceptions like the FISA court).

All federal civil cases are online in the PACER system. Many (but not all) state court civil cases are available online, many for free. For those not...
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0 Answers | Asked in Employment Law for Texas on
Q: I am seeking assistance with obtaining my commissions after being terminated, by no fault of my own.

I am seeking assistance with obtaining my commissions after being terminated, by no fault of my own. They stated that it was in their company policy that I am not eligible for commissions earned that have not been paid out. This policy was never given to me nor did I sign off acknowledging such a... View More

0 Answers | Asked in Criminal Law for Texas on
Q: Out of state warrant

If I have an out of state warrant - will I be able to get my driver license? I flew inside the state last year and TSA did not tell me anything at all this warrant most likely a felony in that state was in 2022 I am in Texas

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