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Texas Questions & Answers
1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Texas on
Q: My son's court appointed appellate lawyer resigned from his case what can we(family) do next.

My son was convicted of capital murder in Tarrant County earlier this year.

John Michael Frick
John Michael Frick
answered on Dec 7, 2023

Your son can appeal pro se or hire a private attorney.

If a court-appointed attorney does not see a good faith basis for an appeal in the trial record, he/she can file what is called an Anders brief. In a famous case (Anders v. California), a court-appointed attorney filed a motion to...
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1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Can my employer decide what reasonable causes for sending me in for a drug test?

My employer knows that I just started new medication and I’m suffering from anxiety and other mental issues

John Michael Frick
John Michael Frick
answered on Dec 7, 2023

Yes, it is up to your employer to determine whether it has a reasonable, individualized suspicion that would suggest to a reasonable person that you are under the influence in violation of company policy. S

Such a reasonable suspicion should be based on firsthand observation by more than...
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1 Answer | Asked in Car Accidents and Insurance Bad Faith for Texas on
Q: I bought a 2018alibu after a few years I had an accident in Oct of 2022. The insurance company took 4 months for them

To get it into their car parson to look at it. Then that person deemed it totaled. I missed the parent im November and now gap won't pay for the rest of the gap even though I paid the rest till February of ,2023 . Can they do that on both the insurance company takin so long to get me in and... View More

John Michael Frick
John Michael Frick
answered on Dec 7, 2023

Under the Texas Prompt Payment Statute, insurance companies have a fixed amount of time to accept or reject a claim from a policyholder, or to request additional information. In the latter case, they have 15 days from the date that they receive the requested information. Failure to comply can... View More

1 Answer | Asked in Consumer Law for Texas on
Q: Can I sue a UPS so they can pay for 100% of my package because they did not offer me insurance?

Hello. I shipped a UPS package, but the UPS employee didn’t do their job correctly and did not offer me insurance, they didn’t even ask me what was in the box. My package was damaged, and now they only want to give me $100 to cover the package. My package contained an iPhone 14 and an iPhone... View More

John Michael Frick
John Michael Frick
answered on Dec 7, 2023

No, you do not have a valid claim against UPS solely because it did not verbally offer you additional insurance at the time you shipped your package.

UPS widely advertises that it only provides $100 of protection for loss and damage unless a customers declares a higher value and purchases...
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1 Answer | Asked in Family Law for Texas on
Q: I hired an attorney in a civil case and I'm the plaintiff, and he missed the court date. I lost my case. what can I do?

I served my ex-husband papers with Motion to Modify to get standard visitation rights to see my kids. My lawyer failed to notify me of the court date nor did he show up for court either. My ex-husband and his attorney were the only ones there. So the judge ruled in his favor with prejudice against... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Dec 6, 2023

In this case because neither yourself (nor your attorney) showed for the court hearing, a default judgment was entered against you. Depending on when the Judge signed the default order, you may be able to file a Motion for New Trial to request that you be granted another hearing. You have 30 days... View More

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Can my ex-husband take my kids to the bahamas without my permission and without a passport? Its a closed circuit cruise.

We share custody. My daughter is 11, has a sensitive stomach and will be placed in a room without an adult on the cruise. I'm afraid that she will get sick on the boat and is also expected to share a room with two young boys without an adult present. My concern is for her safety and well... View More

John Michael Frick
John Michael Frick
answered on Dec 6, 2023

Typically, a divorced parent can take his/her children on vacation during his/her respective time of possession without the necessity of securing permission from the other parent.

If there is a genuine reason to believe that a parent may abscond to another country with the children, a...
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3 Answers | Asked in Immigration Law for Texas on
Q: I-485 Submission and not receiving Receipt Number

Hi,

I submitted my I-485 documents along with the attachment of I-864 and I-864A on November 20th, 2023. I have received confirmation from FedEx that the USCIS office received my package on Tuesday, November 21st, 2023. I need to hear some opinions because I have not received any receipt... View More

Shawn Shahin Sedaghat
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answered on Dec 8, 2023

The delay you describe is not unusual in my personal experience. However, at some point, you will have to follow up and contact USCIS to trace your filing. It is always advisable to keep a complete copy of your filing since in rare occasions, your package may be lost and you would have to re-create... View More

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3 Answers | Asked in Immigration Law for Texas on
Q: I-485 Submission and not receiving Receipt Number

Hi,

I submitted my I-485 documents along with the attachment of I-864 and I-864A on November 20th, 2023. I have received confirmation from FedEx that the USCIS office received my package on Tuesday, November 21st, 2023. I need to hear some opinions because I have not received any receipt... View More

James L. Arrasmith
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answered on Dec 6, 2023

It's understandable that you're concerned about not receiving a receipt number for your I-485 submission, especially given the importance of this document in the immigration process. First and foremost, it's important to know that processing times can vary, and sometimes there are... View More

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1 Answer | Asked in Construction Law for Texas on
Q: Money owed on Invoices filed to Homeowners insurance and only partially paid with no denial letters

Contractor sued resident for balance before bills even 30 days late. No opportunity to Arbitrate

Anthony DiUlio
Anthony DiUlio
answered on Dec 6, 2023

While I do not practice in TX, I may be able to provide some general guidance. I am assuming this was a covered loss and that what you are asking is what you can do when a carrier doesn't pay for invoices related to repairs from that covered loss. There are two main options you have and one... View More

1 Answer | Asked in Civil Rights and Employment Law for Texas on
Q: I was fired for theft of time. I did not steal. TWC investigation - in my favor and ruled I did not do misconduct.

The company gave me a task but no metrics to reach and no instructions on how thorough they expected the task to be completed. I was fired for theft of time for doing it too slow on my 1st attempt at the task. I whistleblew about being asked to work off the clock and the company right before that... View More

James L. Arrasmith
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answered on Dec 5, 2023

In Texas, if you were wrongfully accused of theft of time and subsequently fired, and the Texas Workforce Commission (TWC) found in your favor, stating there was no misconduct, you may have grounds to consider a defamation claim against your former employer. Defamation involves making false... View More

3 Answers | Asked in Civil Rights, Employment Discrimination, Employment Law and Personal Injury for Texas on
Q: Like file a civil suit against my Ex-employer for freedom of speech violation, which I was fired. statue of limitation?

Subject: Seeking Legal Representation for Complex Employment and Health-Related Case

I hope this letter finds you well. I am currently facing a complex legal situation that involves various issues related to my employment and health. After thorough research, I believe your expertise in... View More

James L. Arrasmith
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answered on Dec 5, 2023

In Texas, the statute of limitations for filing a civil lawsuit for wrongful termination, which may include claims like violation of freedom of speech, depends on the specific nature of the claim. Generally, for wrongful termination claims, the statute of limitations is typically around two years,... View More

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1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: Our website is copied by somone and we want to take legal action. Our llc is registed in Wyoming

The company who copied our website is registered in Georgia

James L. Arrasmith
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answered on Dec 4, 2023

In cases of copyright infringement, such as someone copying your website, the first step is to document the infringement thoroughly. This means taking screenshots or saving copies of the infringing website, and noting any direct similarities to your own site.

Next, consider sending a cease...
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1 Answer | Asked in Civil Litigation for Texas on
Q: How many copies of trial exhibits should I bring to trial?

A bench trial is scheduled. I am preparing copies of trial exhibits. How many copies should I bring with me to the trial? Should I also bring originals if available?

John Michael Frick
John Michael Frick
answered on Dec 4, 2023

Barring a specific local rule or court policy, bring one copy for you, one copy for the witness, one copy to be marked and admitted into evidence, one copy for the judge, and one copy for each other attorney or pro se litigant who will participate in the trial.

If originals are available,...
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2 Answers | Asked in Civil Litigation and Real Estate Law for Texas on
Q: I believe that Washington County, Texas has wrongfully taken possession of my family property. I have the original deeds

I believe that Washington County, Texas has wrongfully taken possession of my family property. I have the original deeds in my possession, but unfortunately, they do not bear any signatures. I have made multiple attempts to contact the county regarding this matter, but they have consistently... View More

James L. Arrasmith
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answered on Dec 4, 2023

In your case, closely examine the original deeds you have, despite the lack of signatures. Check for any other details or identifiers that might substantiate your claim. It's important to confirm that these documents comply with the legal standards and property laws in Washington County,... View More

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2 Answers | Asked in Civil Litigation and Real Estate Law for Texas on
Q: I believe that Washington County, Texas has wrongfully taken possession of my family property. I have the original deeds

I believe that Washington County, Texas has wrongfully taken possession of my family property. I have the original deeds in my possession, but unfortunately, they do not bear any signatures. I have made multiple attempts to contact the county regarding this matter, but they have consistently... View More

John Michael Frick
John Michael Frick
answered on Dec 4, 2023

If you do have possession of the original deeds and they are unsigned, they are ineffective to convey title. Until a deed is signed, delivered, and recorded in the deed records of the county where the property is located, title to the property has not been conveyed.

There would be no...
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1 Answer | Asked in Real Estate Law and Construction Law for Texas on
Q: Foundation company says after 3 months they won’t honor warranty due to not watering

Foundation was done 4 months ago, due to not watering regularly they are saying they will not fix. They told me they need to add 10 piers and adjust everything they did and want to charge me 6k. What can I do here?

John Michael Frick
John Michael Frick
answered on Dec 4, 2023

The warranties provided by many foundation repair companies specifically address drainage, foliage, and moisture issues that can profoundly affect the performance of any building foundation.

If your warranty requires you as the homeowner to properly water the soil around your foundation,...
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1 Answer | Asked in Real Estate Law and Probate for Texas on
Q: A 2011 will was never filed but signed with two witnesses can I automatically keep the house as homestead I am disable.

I am disabled and cared for My mom and lived in the home. I never filed the will that was made 2011 with 2 Witnesses There is a pending bill for $101,000 in back taxes. The will states that I am the executor and I keep all real estate and belongings I live in the house and don’t work. I only get... View More

John Michael Frick
John Michael Frick
answered on Dec 4, 2023

Unless and until a Will is probated, it does not pass title of a decedent's assets to the heirs named in the Will. You have four years from the date of the decedent (your mom)'s death to probate her Will. Legally, you are allowed to probate a Will without a lawyer; however, in practice,... View More

2 Answers | Asked in Bankruptcy for Texas on
Q: chapter 7 discharge 2018. Recently divorced and hit hard financially. When can I file again?

My chapter 7 was discharged 2018. Now I recently got divorced and all the bills were in my name and now I am in a bad financial situation and need to file again. If it's too soon to file, will they look at certain situations to file early.

James L. Arrasmith
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answered on Dec 4, 2023

If your Chapter 7 bankruptcy was discharged in 2018, you must wait 8 years from the date of filing the previous Chapter 7 case before you can file for Chapter 7 bankruptcy again. This means you would be eligible to file again in 2026.

In the meantime, there are other options you might...
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1 Answer | Asked in Construction Law and Consumer Law for Texas on
Q: I had a foundation company do work about 3 months ago. They are not honoring warranty.

They did work, said because of the summer drought and not watering the foundation has jumps in the floor now and it’s needs adjustments and 10 more piers. What do I do?

James L. Arrasmith
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answered on Dec 2, 2023

In your situation, the first step is to thoroughly review the warranty provided by the foundation company. Understand the terms and conditions, especially those related to drought conditions and the requirement for additional piers.

If you believe the company is not honoring their warranty...
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2 Answers | Asked in Trademark and Intellectual Property for Texas on
Q: How would we know if the trademark was completed?
James L. Arrasmith
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answered on Dec 4, 2023

To determine if a trademark registration process has been completed, the most direct method is to check the status of the application on the United States Patent and Trademark Office (USPTO) website. The USPTO maintains an online database called the Trademark Status and Document Retrieval (TSDR)... View More

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