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Texas Civil Litigation Questions & Answers
1 Answer | Asked in Legal Malpractice, Contracts and Civil Litigation for Texas on
Q: Can I fire my lawyer and recover money paid without a contract?

I am considering firing my lawyer because I believe he is not representing my son effectively. He has only visited my son twice, and that was during court appearances. There are many discrepancies in the case he refuses to address with the prosecutors. Although I requested an itemized statement of... View More

John Michael Frick
John Michael Frick
answered on Mar 21, 2025

Most likely, from what you say in your question, the lawyer is your son’s lawyer and you and your ex-husband agreed to pay $7500 each for the lawyer to represent your son.

It is important to understand that, in this situation, only your son can fire his lawyer. Your son’s lawyer may be...
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1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for Texas on
Q: What items are needed for a federal appeal in a civil case under 28 USC 1443?

I am representing myself (pro se) in a civil case where I believe the wrong law was applied concerning the removal deadline from state to federal court. Specifically, 28 USC 1446 was used for a 30-day deadline, but it should have been 28 USC 1443. I filed a Notice of Appeal 8 days ago. What items... View More

John Michael Frick
John Michael Frick
answered on Mar 20, 2025

First and foremost, an appeal is not a DIY project. Even trained lawyers often defer to other lawyers with appellate experience to handle their appeals.

Second, what you need for your appeal depends on whether you are pursuing an ordinary appeal from a final judgment or an interlocutor...
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1 Answer | Asked in Civil Rights, Constitutional Law, Appeals / Appellate Law and Civil Litigation for Texas on
Q: Seeking options for pro se Fair Housing Act case vs. City of McLendon Chisholm.

I am Rhonda K Davis, representing myself pro se in a case against the City of McLendon Chisholm and multiple defendants, filed under case number 3:2023cv01994 in the U.S. District Court for the Northern District of Texas. My complaint involves issues under the Fair Housing Act, including fake... View More

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

It is highly unlikely you will receive pro se assistance on an FHA case against a City or any government employees. The City itself, and any employees of the City sued in their official capacity or for actions taken in their official capacity, are most likely immune from a suit under the FHA.... View More

1 Answer | Asked in Personal Injury, Landlord - Tenant and Civil Litigation for Texas on
Q: How can I sue my apartment complex for security failures leading to an assault?

I want to sue my former apartment complex after a violent incident. My ex-boyfriend, who was convicted and sentenced to 40 years in prison for aggravated assault with a deadly weapon causing serious bodily injury, attacked me in my apartment. I sustained severe injuries, including a broken jaw,... View More

James Clifton
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James Clifton
answered on Mar 19, 2025

If your apartment complex failed to provide adequate security and had a disabled call box that prevented a timely police response, they will be liable for your injuries. The apartment complex has a duty to provide working gates and call boxes if those were safety features originally in place when... View More

1 Answer | Asked in Real Estate Law and Civil Litigation for Texas on
Q: Potential legal actions for wrongful property sale without notice in Texas.

I am considering filing a Bill of Review lawsuit due to a wrongful sale of my family's property in Texas. One of three lots was sold in 2024 by the appraisal district without providing any notice of sale, which is required by law. We were caught up on all taxes up to 2020 after receiving a... View More

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

A bill of review may or may not be the correct procedure depending upon the facts. These case can become quite complex. You need to consult an experienced attorney with specific bill of review experience in or near the county where the property was located. I do have such experience and practice... View More

1 Answer | Asked in Child Support and Civil Litigation for Texas on
Q: Can I file a lawsuit against the Texas AG's office for incorrect child support claims?

I have been overpaying child support for my son for five years based on an agreement with my ex, without court involvement. Recently, I agreed to go through the Texas AG’s office for child support payments. Despite both my ex and I repeatedly informing them that I'm paid ahead, they continue... View More

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

You can’t sue the AG for the impact on your life and career. But you can file a motion to clarify and enforce in the court that issued the child support order to clarify that you owe no arrearage and are, in fact, paid ahead.

1 Answer | Asked in Civil Litigation, Libel & Slander, Landlord - Tenant and Personal Injury for Texas on
Q: Can I sue ex-roommate in TX for taking belongings and damaging reputation?

I filed a police report because my ex-roommate took my collectable coins without my permission, adversely affecting my financial stability, emotional health, and overall life. She refuses to allow me back on the property to retrieve my belongings, claims all my properties as hers, and has tarnished... View More

John Michael Frick
John Michael Frick
answered on Mar 15, 2025

You can sue her for the fair market value of the collectible coins she took.

You may or may not be able to sue her for injury to your reputation depending upon what was said, to whom, whether they believed it, and took some sort of action against you because of what was said. For example,...
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1 Answer | Asked in Landlord - Tenant, Civil Litigation, Personal Injury and Criminal Law for Texas on
Q: Roommates took my belongings as rent - is this legal in Texas?

I moved in with three friends as roommates, and we all contributed equally to the down payment and first month's rent. However, due to my record, they asked me not to be on the lease to avoid issues in obtaining the house. After four months, my roommates decided to change the rent due date and... View More

John Michael Frick
John Michael Frick
answered on Mar 12, 2025

No it is not legal and may constitute theft although I doubt police will be much help or that criminal charges will be filed.

You can probably sue your roommates for the fair market value of the items they took. If you did not ultimately pay your share of the rent owed on the date you...
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1 Answer | Asked in Civil Litigation, Contracts, Personal Injury and Small Claims for Texas on
Q: How can I sue a mechanic for engine damage in Texas?

I hired a mechanic I found on the Nextdoor app to change the coolant in my Jeep. After his work, the engine was damaged, resulting in a banging noise and the vehicle not staying on. The repair costs are estimated at $5,000. The mechanic has since blocked me and I'm considering suing for... View More

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

You can legally sue for any damages to your Jeep that was caused by the mechanic. Because the cost of repair is $5,000, you can bring a small claims suit in the Justice of the Peace Court for the county and precinct where the mechanic resides or where the damage was done without needing an... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Texas on
Q: Ex left garden tools at my house, hasn't picked up after multiple requests. Are they considered abandoned, and can police be involved?

I have some garden tools that belong to my ex, which he left at my house last summer. He initially requested them in October but then canceled. He asked for them again at the end of February, knowing I would be out of town, and still hasn't taken them. We've communicated only through a... View More

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

Police will usually not get involved, saying this is a civil matter.

If you were also your ex-'s landlord, you might receive the advantage of the language in any written lease agreement between you. Normally, under the Texas Property Code, a tenant's personal property is...
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1 Answer | Asked in Appeals / Appellate Law, Civil Litigation and Gov & Administrative Law for Texas on
Q: Is it a hopeful sign that my civil case is under review by the Texas Supreme Court for over 30 days?

I am representing myself in a civil case involving a state university over the handling of cadavers and disputing their claim of immunity. A new piece of evidence was discovered after the appellate court's decision, and the case has now been forwarded to the Texas Supreme Court. I am seeking a... View More

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

No.

Internally, a petition is held in the Clerk's office for a minimum of 30 days before being forwarded to the justices, primarily to see if the other party files a response (which rarely happens).

After being forwarded to the justices, a petition will not be dismissed until...
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2 Answers | Asked in Probate, Social Security and Civil Litigation for Texas on
Q: Assistance with mom's estate after will destruction by ex-husband.

How can I find a probate lawyer to assist me with my mother's estate? Her ex-husband destroyed her will and hasn't reported it to probate court. He is collecting and using her assets, including her house, car, bank accounts, and cashing her social security payments after her death. My... View More

Isaac Shutt
Isaac Shutt
answered on Mar 9, 2025

The sooner you get to a probate attorney, the better. Even if you don't have the original of the will, the validity and contents of the lost will can be proved by the testimony of witnesses. So, it's great you have witnesses! We call the process "probate of a will not produced in... View More

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1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Texas on
Q: Can I represent my incarcerated mother in a partition suit in Texas with a power of attorney?

I would like to represent my mother, who is currently incarcerated, during a partition suit in Texas. I am not an attorney, but my mother wishes for me to ensure she is treated fairly in the division of proceeds. She intends to give me power of attorney for this matter. I have spoken to the... View More

Alisha Melvin
Alisha Melvin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2025

Sometimes a POA is sufficient to represent an incarcerated person. In this case though it seems as if a Receiver has already be appointed by the court in the partition suit. I would go ahead and execute the POA and also file a letter into the partition suit asking for all notices as in interested... View More

3 Answers | Asked in Personal Injury, Civil Litigation and Consumer Law for Texas on
Q: Can I sue Spirit Airlines for emotional distress after a turbulent flight to Dallas?

I was on a Spirit Airlines flight to Dallas, Texas, where we experienced extremely strong winds. The pilot attempted to land twice but couldn't due to worsening winds, causing the plane to shake violently. We diverted to Houston, stayed for a few hours with a new pilot, and made another... View More

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

No, you can't.

There is a cause of action for intentional infliction of emotional distress but, given the admittedly high winds, I doubt you could convince anyone that the pilot's conduct was "extreme and outrageous" or was "intentional" or...
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3 Answers | Asked in Personal Injury, Civil Litigation and Consumer Law for Texas on
Q: Can I sue Spirit Airlines for emotional distress after a turbulent flight to Dallas?

I was on a Spirit Airlines flight to Dallas, Texas, where we experienced extremely strong winds. The pilot attempted to land twice but couldn't due to worsening winds, causing the plane to shake violently. We diverted to Houston, stayed for a few hours with a new pilot, and made another... View More

Raymond Chow
Raymond Chow
answered on Mar 8, 2025

For negligent infliction of emotional distress (NIED) claims, you typically need to prove that the airline acted carelessly and that this caused significant emotional distress. While emotional distress claims can often be linked to physical injury, this is not always necessary. However, it can be... View More

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3 Answers | Asked in Personal Injury, Civil Litigation and Consumer Law for Texas on
Q: Can I sue Spirit Airlines for emotional distress after a turbulent flight to Dallas?

I was on a Spirit Airlines flight to Dallas, Texas, where we experienced extremely strong winds. The pilot attempted to land twice but couldn't due to worsening winds, causing the plane to shake violently. We diverted to Houston, stayed for a few hours with a new pilot, and made another... View More

Tim Akpinar
Tim Akpinar
answered on Mar 8, 2025

I believe most law firms would be reluctant to consider such a case. I'm sorry for your stressful experience, but based on the brief facts, I don't see the requisite standard giving rise to an emotional distress claim. Commercial airliners do encounter very localized weather conditions... View More

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3 Answers | Asked in Civil Litigation, Consumer Law and Personal Injury for Texas on
Q: How can I recover my property valued at $2,500 seen online for sale by a friend?

I left watches, jewelry, and clothes valued at $2,500 at a friend's house. They initially denied knowing about the items, but I later saw them being sold online. I reported them for selling drugs, and they confronted me but claimed they would help retrieve my property if I signed a form, which... View More

Raymond Chow
Raymond Chow
answered on Mar 6, 2025

File a Petition in Justice of the Peace Court. The appropriate venue is the county where you reside or where the incident occurred.

The legal action to bring would be a claim for conversion, which seeks the return of your property or its value, or a replevin (suit for possession) if you...
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1 Answer | Asked in Appeals / Appellate Law, Contracts and Civil Litigation for Texas on
Q: How to appeal for unjust enrichment after losing a case?

I recently renovated over 80% of a residence, but the court case held on 3/4/25 ruled in favor of the Plaintiff. There were no agreements in place regarding the renovations. I am not currently working with a lawyer and need guidance on how to appeal for unjust enrichment to seek a favorable outcome.

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

To file an appeal, you need to file a notice of appeal within 30 days of the date the final judgment was signed. An appeal is not a DIY project. You need to hire an attorney who practices in the area of civil appellate law in the appellate district where the trial court is located. You should... View More

1 Answer | Asked in Family Law and Civil Litigation for Texas on
Q: How to establish a common law marriage posthumously in Texas?

I'm seeking to establish a common law marriage after my fiancé's passing. We lived together for nine years in Texas and had a mortgage on a home jointly. We also obtained a marriage license but unfortunately did not finalize it before a minister or priest as he passed away before the set... View More

John Michael Frick
John Michael Frick
answered on Mar 5, 2025

From your question, it does not sound like you meet the legal requirements for a common law marriage in Texas.

Assuming that you and your fiancé did not file a Declaration of Informal Marriage with the county clerk, you would have to satisfy three legal requirements:

1) You will...
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1 Answer | Asked in Animal / Dog Law and Civil Litigation for Texas on
Q: Can I sue a shelter for adopting out my chipped pet without contacting me?

I recently had my chipped pet surrendered to a county shelter without my consent. Although the microchip is registered under my name through HomeAgain, the shelter never contacted them. The shelter admitted to improperly handling the intake by not contacting me based on the chip information and... View More

John Michael Frick
John Michael Frick
answered on Mar 5, 2025

Yes you can. You will be able to recover the fair market value of your dog at the time the shelter adopted the dog out. Factors going into this calculation include the breed and pedigree of the dog, its age and health, and any specialized training or skills the dog may have. The trier of fact... View More

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