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The Mundy Firm

Car Wreck Property Damage

Jun 26, 2015 — by Jeff Mundy
Tags: Civil Litigation

An owner may not simply echo the phrase "fair market value" and state a number to substantiate the owner's claim; the property owner must provide the factual basis on which the opinion rests.  This burden is not onerous, particularly in light of the resources available today.  But, the valuation must be substantiated; a naked assertion of "fair market value" is not sufficient. Even if unchallenged, the property owner's testimony must support the verdict, and conclusory or speculative statements do not.  In addition, under this court's precedent, evidence of the amount paid in the past to purchase property, by itself, is legally insufficient to support a finding as to the property's market value at a later date.


Civil Case Filings Decline by 17% Even as Population Grows

Mar 20, 2015 — by Jeff Mundy
Tags: Civil Litigation

"To put it bluntly, there's been a rollback of individual rights and remedies over the last two decades. You can call it tort reform if you want—that's the term everyone knows and understands—but it has had a clear effect on the cases that are filed, because a lot of the rights and remedies that existed at one time are no longer there or they have been diluted," said Trey Apffel, president of the State Bar of Texas.   

 

See the full story below.


Wellhead Measurement - Oil & Gas Dispute

Feb 27, 2015 — by Jeff Mundy
Tags: Civil Litigation

A wellhead measurement determines the volume of the gas produced at the wellhead for the purpose of calculating the amount of the royalty due. See Bowden v. Phillips Petroleum Co., 247 S.W.3d 690, 704 (Tex. 2008). Paragraph 4(B) requires that the royalty be calculated on such a measurement.*fn8The royalty is therefore owed on the substance so measured: raw gas, including all of its components.

Land Office of Texas v. Longfellow Ranch


Escrow Agent's Duties

Feb 27, 2015 — by Jeff Mundy
Tags: Civil Litigation

Specifically, an escrow agent's fiduciary duty consists of (1) the duty of loyalty, (2) the duty to make full disclosure, and (3) the duty to exercise a high degree of care to conserve the money and pay only those entitled to receive it.

Flagstar Bank v. Walker


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