Johnston Tobey Baruch managing shareholder Chad Baruch has secured victories in three recent cases at the Dallas Court of Appeals.
The first case concerned a challenge to the election of Kardal Coleman as Dallas County Democratic County Chair. The contestant alleged irregularities in voting procedures and machines in seeking to have Mr. Coleman’s election (won by a margin of 232 to 4) invalidated. Mr. Baruch obtained dismissal of the contest in the trial court and the contestant appealed. After taking the case under submission on the briefs, the Dallas Court of Appeals granted Mr. Coleman’s subsequent motion to dismiss the case. Mr. Baruch successfully argued that Mr. Coleman’s completion of his original term and reelection to another rendered the proceeding moot. The case is Jefferson v. Coleman, No. 05-23-01249-CV.
The second case involved the interpretation of a contract concerning a requirement to execute “deeds.” Specifically, it presented a question as to whether Mexican legal instruments constituted “deeds” within the meaning of a Texas contract. A Dallas jury held the instruments constituted deeds and assessed liquidated damages of $600,000 against the defendant, who hired Mr. Baruch to handle the appeal. The Dallas Court of Appeals reversed the ruling, holding that Mexican instruments were not “deeds” as a matter of law and thus could not support the liquidated damages. The Court rendered a take-nothing judgment in favor of the firm’s client. The case is Fausett v. Warren, No. 05-22-01351-CV.
The final case involved an advertising billboard in Collin County. The trial court granted summary judgment against Lamar Outdoor Advertising, one of the nation’s leading billboard companies, in favor of another company claiming entitlement to and ownership of the billboard. Lamar retained Mr. Baruch to handle the appeal. The Dallas Court of Appeals reversed the trial court’s summary judgment and rendered judgment in Lamar’s favor on all claims in the case. The case is Lamar Advantage Outdoor Company v. LaCore Enterprises, LLC, No. 05-23-00210-CV.