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DISTRICT AND COUNTY COURT ONLY
CIVIL/FAMILY
In The Interest Of C.S.P and J.A.P., Children
Cause No.: D-1-FM-22-006640
Judge: Jessica Mangrum, 200th Civil District Court
Dates: May 5 – 9, 2025
Attorneys:
Petitioner: Andrea St. Leger, Noelke Maples St. Leger Bryant, LLP [Austin]
Respondent: D. Micah Royer, III, Coldwell/Bowes, LLP [Austin]
Summary: Petitioner filed a petition to modify the parent-child relationship. She requested that the geographic restriction be modified to allow the residence of the children to be Alabama, all communications be through OFW, and monthly child support be increased. The respondent filed a counter-petition and requested that, if the petitioner moves to Alabama, he be appointed the conservator with exclusive right to designate residence of the children and his support obligations be terminated; if the respondent does not relocate, then the possession schedule be modified for equal possession schedule. A jury of 10 found that the petitioner could modify the children’s primary residence to Alabama, and the respondent was not designated as the conservator with the exclusive right.
Kathy Dotzler As Trustee Of Kathy Dotzler Living Trust v. Terry Welker, T. Welker and Son, LLC, John Hagy Custom Homes, LLC, DSS HC, LLC D/B/A Dynamic Site Solutions N/K/A True Dynamic Site Solutions, Inc.
Cause No.: D-1-GN-23-003749
Judge: Jan Soifer, 345th Civil District Court
Dates: May 5 – 9, 2025
Attorneys:
Plaintiff: Nick Bressi [Austin]
Defendants: Michael Spike and Aileen Glaeser, Martin, Disiere, Jefferson & Wisdom, LLP [Dallas] for Welker, Greg Godkin, Roberts Markel Weinberg Butler Hailey, PC [Austin] for Hagy and Paul Garcia, Paul Garcia and Associates [San Antonio] for Dynamic Site Solutions [DSS]
Summary: Plaintiff owned property on Barton Creek Blvd. and Defendant Welker owned property adjacent to the plaintiffs. Defendant Welker hired Defendant Hagy to construct a structure on his property. Plaintiff claimed that the construction activities caused damage to her property. A unanimous jury found that the defendants were not negligent, the conduct did not cause a private nuisance, and the defendants did not trespass on the plaintiff’s property. Further, the jury found that Welker and Hagy complied with the Rule 11 agreement. The jury did find that Defendant DSS failed to comply with the restrictive covenants, declarations, and bylaws of the Barton Creek North Property Owners Association, Inc. The jury awarded $100 for loss of use and enjoyment due to vibration, dust, lights, odors, and and/or noise.
Maria Reyes v. Caritino Valdovinos, Jr.
Cause No: D-1-Gn-23-007269
Judge: Aurora Martinez Jones, 126th Civil District Court
Dates: May 6 – 7, 2025
Attorneys:
Plaintiff: Martin Martinez, Law Offices of Thomas J. Henry [San Antonio]
Defendant: Keith Dorsett, Fulbright Winniford [Waco]
Summary: Plaintiff claims she was injured due to the defendant’s negligent actions in a car accident on Nov. 30, 2022. The unanimous jury found that both parties were negligent and assigned fault to Maria Reyes, 40 percent, and Caritino Valdovinos, Jr., 60 percent. Damages awarded: Past physical pain and mental anguish – $0; future physical pain and mental anguish – $0; past physical impairment – $0; future physical impairment – $0; past medical care expenses – $3,140; and future medical care expenses – $0.
Christa Renaie Day v. Timpro, Inc. and Cooper Thomas Rancatore
Cause No.: D-1-GN-23-001303
Judge: Sherine Thomas
Dates: May 7 – 8, 2025
Attorneys:
Petitioner: Charles Dunn/Christy Londregan, DJC Law, PLLC [Austin]
Respondent: Katherine Wyatt/Tabor Dorsey, Skelton & Woody PLLC [Austin]
Summary: This case arises from a motor vehicle accident that occurred on Oct. 7, 2021. The defendant, Cooper Thomas Rancatore, was in the course and scope of employment with Timpro, Inc. Plaintiff claims various personal injuries resulting from the accident. The jury of 11 only answered damages questions. Damages awarded were: Past physical pain and mental anguish – $50,000; future physical pain and mental anguish – $30,000; past physical impairment – $25,000; future physical impairment – $25,000; past medical care expenses – $30,000; and future medical care expenses – $10,000.
Jessica Willis v. Denise Rodriguez, Ruben Rodriguez
Cause No.: D-1-GN-22-006783
Judge: Jan Soifer, 345th Civil District Court
Dates: May 19 – 22, 2025
Attorneys:
Plaintiff: Ard Ardalan, Ardalan Law Firm PLLC [Austin]/F. Steeves Hopson, III, Hopson Injury Attorneys PLLC
Defendants: Represented themselves
Summary: Plaintiff claimed that she was injured when a boxer mix dog attacked and injured her. A unanimous jury found that the defendants owned or possessed a dog that had dangerous propensities abnormal to its class and injured the plaintiff. Defendants filed an answer and represented themselves the entire time of the case. The defendants contended that they did not own the boxer and alleged trespass, contributory negligence and assumption of risk. The jury found that the plaintiff did not trespass on the defendants’ property. The jury assigned fault to Defendant Denis Rodriguez, 40 percent, and Ruben Rodriguez, 60 percent. Damages awarded: Past physical pain and mental anguish – $50,000; future physical pain and mental anguish – $36,500; past loss of earning capacity – $15,000; future loss of earning capacity – $0; past disfigurement – $28,000; future disfigurement – $40,000; past physical impairment – $8,500; future physical impairment – $0; past medical care expenses – $10,201.07; and future medical care expenses – $10,000.
905, Ltd., Nelsen, Inc. D/B/A Nelsen Partners V. H. Dalton Wallace and 909 Congress, Ltd
Cause No.: D-1-GN-23-001981
Judge: Jessica Mangrum, 200th Civil District Court
Dates: May 20 – 27, 2025
Attorneys:
Plaintiff: Santosh Aravind and John Ellis, Scott Douglass & McConnico LLP [Austin]
Defendants: H. Dalton Wallace and 909 Congress, Ltd.: Matthew Powers and Rudy Metayer, Graves Dougherty Hearon & Moody, PC [Austin]
Summary: Plaintiffs claimed that, due to years of neglect and refusal to maintain the property, the defendants were responsible for the damage caused to the plaintiff’s property due to a fire. The petition further stated that the fire was caused by a vagrant who accessed the defendants’ property because the defendants failed to secure the property. A jury of 10 made the following findings: Defendants’ H. Dalton Wallace and 909 Congress. Ltd. negligence caused the damage to the plaintiffs’ property before the fire. Fault was assigned: H. Dalton Wallace was found 90 percent and 909 Congress, Ltd. 10 percent.Damages assessed: Reasonable and necessary in Travis County to repair, fix, or restore the property due to damages suffered before the fire in March 2023 – $25,000. The jury further found that Defendants. H. Dalton Wallace, 909 Congress, Ltd. And John Banks were negligent due to the fire in March 2023 and such negligence caused injury to the property. Defendants H. Dalton Wallace was found 25 percent, 909 Congress, Ltd. 25 percent, and John Banks 50 percent responsible for the damage to the property. Damages assessed are: Reasonable and necessary in Travis County to repair, fix or restore the property due to damages caused by the fire in March 2023 for 905 Ltd. – $4,378,393.10; reasonable and necessary to compensate for the loss of use of the property during the time reasonably required to repair the property – 905 Ltd. – $1,345,091.00 and Nelsen Partners – $759,153.88; market value of the property immediately before and immediately after the fire in March 2023 – $4,378,393.10. The following parties trespassed on the property – H. Dalton Wallace, 909 Congress, Ltd., and John Banks; the percentages of responsibility due to trespass finding: H. Dalton Wallace – 40 percent, 909 Congress, Ltd. – 20 percent, and John Banks – 40 percent. Both H. Dalton Wallace and 909 Congress, Ltd., maintained a common nuisance at the Granberry Building. Jury did not answer the question that, by clear and convincing evidence, the harm to the plaintiffs resulted from gross negligence because the answer to negligence was not unanimous. Attorneys’ fees: Representation through trial and completion of proceedings in the trial court – $272,653.40; through appeal to the Court of Appeals – $50,000; review stage in the Supreme Court of Texas – $30,000; merits briefing stage in the Supreme Court of Texas – $20,000; oral argument and completion of proceedings in the Supreme Court of Texas – $20,000.
In The Interest of O.G., A Child
Cause No: D-1-FM-23-007793
Judge: Sherine Thomas
Dates: May 21 – 23, 2025
Attorneys:
Petitioner: Alicia Kay Glenny, Self Represented Litigant
Respondent: James Gilbreath/Samantha Rosen, Walters Gilbreath PLLC [Austin]
Summary: Petitioner filed motion to modify the parent-child relationship requesting that she be appointed sole managing conservator. Respondent filed a counter-petition requesting divorce and a disproportionate share of the parties’ estate due to various reasons, including fault in the breakup of the marriage. Respondent filed a counter-petition requesting that the court render standard possession order. A unanimous jury declined to appoint Alicia Glenny the sole managing conservator of OG, the parties would remain joint managing conservators, but Jeremy Epperson would have the exclusive right to designate the primary residence of the child with a geographic restriction of Travis County and contiguous counties. Further, the jury found a reasonable fee for necessary services for each party’s attorney fees: Representation in the trial court – $65,000; court of appeals – $30,000; petition for review stage in the Supreme Court of Texas – $10,000; merits briefing stage in the Supreme Court of Texas – $10,000; oral argument and completion of proceedings in the Supreme Court of Texas – $10,000.
CRIMINAL
State of Texas v. John Arnold
Cause No: D-1-DC-20-301211
Judge: Tamara Needles, 427th Criminal District Court
Dates: April 7-9, 2025
Attorneys:
State of Texas: TJ Harris
Defendant: Mark Pryor, Cofer & Connelly, PLLC [Austin]
Summary: Defendant was indicted for sexual assault, which allegedly occurred May 2020. The jury found the defendant guilty and was sentenced to seven years in prison.
State of Texas v. Harry Claude James, III
Cause No: D-1-DC-23-209650
Judge: Selena Alvarenga, 460th Criminal District Court
Dates: May 6 – 12, 2025
Attorneys:
State of Texas: Elizabeth Phillips
Defendant: Meril ‘Gene’ Anthes, Jr., Gunter, Bennett & Anthes, PC [Austin]
Summary: Defendant was indicted for allegedly committing the offenses of assault by impeding breath or circulation and aggravated assault with a deadly weapon on or about December 2023. The jury acquitted the defendant on all counts.
Editor’s Note: Samer Chaban v. Kathy Mobarra, Arman Eshraghi in the June 2025 issue of Austin Lawyer mistakenly said plaintiff’s lawyer Michael Navarre was with the Law Office of Thomas J. Henry. This has been corrected to Beatty Navarre Strama, PC.