Joyce, McFarland & McFarland LLP
712 Main Street, Suite 1500
Houston, TX 77002
Main 713.222.1112
Fax 713.513.5577

In order to achieve the best possible outcome

for our clients, our attorneys are prepared to defend a favorable judgment, or to challenge an unfavorable one through appeals. Our lawyers have handled numerous appeals on behalf of both appellants and appellees in virtually all of the Texas state courts of appeal, the Supreme Court of Texas, and the Fifth Circuit Court of Appeals. Some of our reported cases include:

  • Weingarten Realty Investors v. Albertson’s, Inc., 234 F.3d 28 (5th Cir. (Tex.) 2000): Successfully defended take-nothing summary judgment in favor of tenant in landlord’s breach of contract claim for over $3 million in damages and summary judgment in favor of tenant for the pro-rated value of the furniture and fixtures left in the leased premises.
  • Olympic Arms, Inc. v. Green, 176 S.W.3d 567, 55 UCC Rep.Serv.2d 575, Prod.Liab.Rep. (CCH) P 17, 247 (Tex.App.—Houston [1st Dist.] 2004, no pet.): Successfully reversed judgment in favor of products liability plaintiff on claims based on the barrel failure of a custom rifle.
  • Harris County v. Inter Nos, Ltd., 199 S.W.3d 363 (Tex.App.—Houston [1st Dist.] 2006, no pet.): Successfully defended jury verdict awarding over $500,000 in compensation to property owner, fifty times the initial offer, in a toll road condemnation case brought by Harris County, Texas.
  • Design Elec. v. Cadence McShane Corp., 2008 WL 190060 (Tex.App.—Houston [14th Dist.] 2008): Successfully reversed judgment in favor of a contractor on electrical subcontractor’s claims for nonpayment and obtained rendition of judgment in favor of the electrical subcontractor.
  • Diamond Point Plaza Ltd Partnership v. Wells Fargo Bank, N.A. 929 A.2d 932(Md. Ct. App. 2007): Successfully defended judgment for Commercial Mortgage Backed Securities Trustee for fraud recourse claims and against note maker and guarantors in connection with $15+ million loan secured by shopping center.
  • City of Houston v. United Water Services, Inc., 201 S.W.3d 690 (Tex. 2006): Successfully pursued right of private contractor to bring claims against municipality in face of sovereign immunity defense.
  • Madisonville State Bank v. Citizens Bank of Texas, N.A., 184 S.W.3d 835 (Tex.App.—Beaumont 2006): Successfully reversed judgment imposing liability for alleged late return of checks under the UCC midnight deadline rule in case involving $5+ million check kite.
  • Fetter v. Wells Fargo Bank Texas, N.A., 110 S.W.3d 683, 51 UCC Rep. Serv. 2d 201, (Tex.App.—Houston [14th Dist.] 2003):  Successfully defended summary judgment for national bank in putative class action alleging bank violated UCC obligation of good faith by posting checks to consumer accounts from high to low dollar amounts, allegedly to increase NSF returned check charges.
  • In re Wells Fargo Bank Minnesota N.A., 115 S.W.3d 600 (Tex.App.—Houston [14th Dist.] 2003): Successfully pursued first reported case upholding jury trial waiver in commercial contract in Texas.
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