Jury Verdicts

Primary Conservatorship

257th District Court
Cause number: 2001-10040
Presiding Judge: Thomas O. Stansbury, sitting for Linda Motheral
Date of trial: September 27 - October 1, 2004
Petitioner: Nikki L. Niemann
   Attorneys: Traci H. Lohmann-Bender and R. Brandon Davis
Respondent: James Wallace Greene
   Attorney: Steven P. Lindamood
Ad Litem/Amicus: Patricia N. Carter

Issues: Primary Conservatorship of Minor Children, specifically petitioner sought modification of right to designate residence and right to make educational decisions
Verdict: Jury found no material and substantial change in circumstances sufficient to justify change in designation of primary conservatorship. Issues of periods of possession and access and attorney’s fees were tried to the bench.

Primary Conservatorship

257th District Court
Cause number: 1996-00204
Presiding Judge: Linda Motheral
Date of trial: July 12 - 16, 2004
Petitioner’s name: Tim Leonardt
   Attorney: Mary Quinn
Respondent: Elizabeth Leonardt
   Attorney: Pro Se
Ad Litem/Amicus: Patricia N. Carter

Issues: Primary Conservatorship of Minor Children, domicile restriction, possession and access, child support
Verdict: Jury found in favor of petitioner and changed primary conservatorship to father from mother.

Conservatorship, Geographic Restriction, Property

257th District Court
Presiding judge: Judge David Farr
Date of Trial: October 5, 2005 until October 13, 2005
Petitioner: Misty McKinley
   Attorney: John Lohman
Respondent: John Michael McKinley
   Attorney: Teresa Waldrop
Amicus Attorney: Allyson Brupbacher

Issues: conservatorship (sole v. joint); geographic restriction; characterization of property; value of property; reimbursement
Verdict: parties named joint managing conservators with mom having the exclusive right to determine the children's residence within Beltway 8; separate property traced for father; parties' residence valued at $575K, reimbursement of $60K awarded to father

Fraud/Breach of Fiduciary Duty

309th District Court
Cause No. 1995-20186 Petitioner: Jerry Gantt
   Attorney: Kent Hanzen
Respondent: Carol Gantt
   Attorney: Ron Pruitt
Ad Litem: None

Issues:
Property division; breach of fiduciary duty with respect to the community property rights of the Respondent; fraud committed by Petitioner with respect to the community property rights of Respondent

Paternity

257th District Court
Cause No. 2000-37136
Petitioner: Ruth Bukvar Barnier
   Attorney: Robert L. Lewis
Respondent: Carlos Rafael Ramirez
   Attorney: Dennis B. Kelly
Ad Litem: Deborah Patterson

Issues:
Conservatorship/possession and access. Dad sought SMC or JMC with dad having the primary rights. Mom sought JMC only. Jury found both parents had a history of abuse/negligence, so they could only award a SMC.

Verdict:
They awarded mom SMC.

Domicile Restriction

Issues:
Domicile restriction; Ms. Wenger wanted to move to another state.

Verdict:
Domicile restriction in that Ms. Wenger was not allowed to move.

Validity of Marriage

Respondent: Gilbert Villarreal    Atty: John Lohmann

Issues:
Was there a marriage?

Verdict:
No Marriage

Custody

Petitioner: Enchantress Davis
Atty: Brian Fischer

Respondent: John Davis
Atty: Raymond Greer

CPS atty - Butch Cox

Issues:
Custody

Verdict:
Mr. Fischer awarded primary care.

Termination of Parental Rights

Assistant County Attorney: William Cox
Attorney Ad Litem for Children: Lorraine Cervantes
Attorney for Respondent Mother: Bette Neal Guerinot

Termination of parental rights action in which parental rights were terminated.

Custody

Afton Izen was Attorney for Stephanie Roberson
D. Patterson and Kurt Hinchaw were the attorneys for Jamie Roberson

Jury Denied the Motion and Custody to remain the same.

Custody

Petitioner: Stephanie Funnell
  Atty: Afton Izen
Respondent: James Robertson
  Atty: Dexter Patterson
No Attorney Ad Litem

Issues:
A modification action to change custody from mom to dad.

Verdict:
Left as it is. Mom remains primary custodial parent.

Custody

Attorney for Shannon Noella Tuttoilmondo: Bruce T. Tough
Attorney for Anthony Duane Tuttoilmondo: Dinah J. Mueller
Ad Litem: Teresa Taylor

Issues:
1. Sole or Joint Managing Conservatorship;
2. Which parent has right within JMC to establish primary residence;
3. Should there be a domicile restriction

Jury's Answer:
Parties appointed JMC with Ms. Tuttoilmondo having the right to establish the primary residence but geographically restricted to Harris County and Contiguous Counties.

Custody

Attorney for Anthony B. Lloyd: Hal Hudson
Attorney for Rosalind Lloyd: Shari Glover
Ad Litem: Alice O'Neal

Issues:
Who has the right to establish the child's primary residence

Jury's Answer:
Rosalind Lloyd has the right to establish the child's primary residence

Domicile Restriction

Parties - David Harris; atty is Linda Thompson
Joni Baker-These Field; atty is John Lohmann

Issues: Custody and possession. Mom wanted to move out of state.

Verdict: Said mom could go out of state w/ child. Domicile restriction is lifted.

Property

Issues:
Property Issues Only: Characterization, Valuation, Division of Community Estate, Reimbursement Claims of Wife and Attorneys Fees

Held:

1. Diana Fallis Page's severance package and retirement plans from Channel 13 are 100% her separate property
2. Mr. Page's retirement plans are 100% community property
3. The Page Group/Center/Red Rooster is 75% Mr. Page's separate property and 25% community property
4. 5815 Englan residence is 100% Mr. Page's separate property
5. 5603 MLK Blvd. property is 100% Mr. Page's separate property
6. 2551 McGregor property is 100% community property
7. Houston News Pages, Inc/Almeda Center is 100% community property

Resdience - $235,000
Houston News Pages, Inc. - $650,000
The Page Group, Inc. - $700,000
Husband's Retirement Plan with Houston's News pages, Inc. - $208,000
Wife's Retirement Plan with Valic - $53,000
Wife's Rollover IRA with American Ex. - $85,000
Olde Discount Brokerage Account - $150,000
Household furninshings - $50,000
Atniques, Art Work and Collectables - $50,000

The Jury found Wife was not entitled to any reimbursement claim

The Jury found that reasonable attorney's fees for representing Diana Falis Page were as follows:

In Court - $56,955.92
Court of Appeals - $5,500.00
Suprement Court - $ 5,500.00

The Jury found that a reasonable fee for the auditor appointed to investigate the account was $25,000.00

Modification Action

Issues: Mom and Dad had a JMC with relatively equal visitation schedule. Mom wanted a Sole Managing Conservatorship.

Verdict: Mom granted a Sole Managing Conservatorship

Side Note: The trial was had before the associate judge Honorable Lita Parks

Termination of Parental Rights

Issues: Termination of parental rights by CPS of both parents who were both serving life sentences in prison

Verdict: Jury terminated both parents parental rights.

Domicile Restriction

Parties:
Carol L. Durio: Attorney - Ellen Yarrell
Patrick Durio: Attorney - Paul Aurffo
Randy Wilhite - Attorney Ad Litem

Mom moved to Arizona in violation of a domicile restriction. The jury found that the domicile restriction should remain in full force and if mom wanted to remaim primary she would have to move back to Harris and contiguous counties.

Determination of Domicile

Attorneys:
Petitioner (Mother): Ellen Yarrell
Respondent (Father): Larry Behrmann & Frank Freeman
Issues for Jury:

1. Which parent should have the right to determine domicile?
2. Should there be a geographical restriction?
3. If there should be a geographical restriction what should it be?

This was an original divorce case where the Mother wanted to move back to New Jersey with the children. The parties agreed to JMC prior to Trial. The jury trial lasted 7 days.

Verdict: 10-2 verdict in favor of Mom with the geographical restriction limited to Harris County or New Jersey.

Termination of Parental Rights

Attorneys:
Agency & intervenors: Ellen Yarrell
Birthparents: Alvis Rogers
GAL/ALL for the children: Steve Mond
Issues for Jury:

1. Was the birthmother defrauded by the agency when she signed her voluntary relinquishment?
2. Should the parental rights of the birthmother be terminiated?
3. Is termination fo the mother's parental rights in the best interest of the children?

This was a termination case wherein the prospective adoptive parents intervened to terminate both biological mother and father. Father's parental rights were terminated for failure to file a paternity suit or request affirmative relief after being served. Mother filed to revoke her affidavit based on fraudulent inducement.

Verdict:11-1 verdict in favor of termination of the birthmother's parental rights

Termination of Parental Rights

Verdict - The jury said that although there was clear and convincing evidence that Keith Titus did not support the child within his means for a period of one year ending within six months of the date case was brought, they did not believe that their was clear and convincing evidence that Keith Titus' parental rights should be terminated. Termination Denied.

Custody/Visitation

Issue: Kids were over 18 years old and Dad brought suit against mom for missed visitation with the children. Mom claimed she did everything she could to make children exercise visitation but they did not want to see their dad.

Verdict: Jury found for Mom. Jury granted attorneys fees against Dad for bringing the suit.

Modification/Custody

Commercial Dispute/Enforcement

Petitioner, Robert Parrott
Respondent, Bonnie Sue Parrott
Jury trial from 12/5/00 to 12/8/00
Attys: John Grubb and Allison Jones
Verdict: Jury voted for Petitioner to keep paying for the house and other obligations.

Custody

308th District Court; Cause No.98-22027
In the Interest of Isabella E. M. J. Dominguez, A Minor Child.
Sean Casey represented dad: Ben Dominguez, II
Harry Tindall represented mom: Goranka Lucia Kortmann

The jury issues in this case were (1) the right to determine the primary residence of the child and (2) whether or not a geographic restriction should be put in place limiting where the primary residence could be established by the person selected in issue (1) above. Mom wanted to move to Holland. The jury granted mom the right to determine the primary residence and permitted her to determine the primary residence without restriction so she could move Holland.

Custody & Attorney Fees

Jury awarded parent who can determine primary residence was mother and that her reasonable and necessary attorney fees were $3,800.

Custody

In the Interest of Farideh Camille Storm Good, cause number 94-47080 in the 246th (August 16, 1999)
Attorney Liza Green for father and Stuart Wilson for mother.

Modification suit of JMC where father was Primary Joint Managing Conservator and mother sought modification. Jury found for the mother.

Attorney Fees and Malpractice

Attorneys fees and malpractice action. Jury found $9,000.00 was reasonable and necessary fees earned by Johnette Duff for representation of Amy Clay. Jury also found that Duff breached her fiduciary duty to Clay in divorce case. Jury also found $500.00 would compensate Clay for that breach for mental anguish and/or loss of use of any funds wrongfully taken from client. Jury did not find any intentional or gross negligence in the breach. Jury found attorney acted negligently in breach. Jury found attorney guilty of conversion of a check payable to Clay in amount of $3,000.00 but found no damages, no malice, no exemplary damages.

Modification

Modification suit from January 7, 1998 order where jury found that the right to determine the primary residence of the child should be modified such that Miriam Flores (mother) was awarded that right.

Torts in the Divorce Suit

Jury found Charles committed assault on Madeline. They also found intentional infliction of severe emotional distress and that $500,000.00 for physical pain and mental anguish and an additional $500,000.00 in exemplary damages.

Custody

Jury found both parents should be joint managing conservators and named the mother as the parent with the right to determine the primary residence of the children.