Nash Jesus Gonzales and Gonzales & Gonzales, P.C. v. Marissa Ann Maggio
03-14-00117-CV
| Tex. App. | May 27, 2015Background
- Appellants Nash Gonzales and Gonzales & Gonzales, P.C. appeal a December 9, 2013 Amended/Corrected Final Decree of Divorce in Travis County, Texas.
- The dispute includes the Trial Court’s division of the Gonzales partnership’s contingency-fee interests in former cases and the handling of a June 19, 2012 dissolution-letter affecting representation.
- Appellee Marissa Ann Gonzales seeks a geographic move for the children’s primary residence, including a potential move to New York, with testimony tied to that relocation.
- The record allegedly omits portions of the proceedings surrounding the jury’s question, raising challenges under Keller, and the evidence is argued to be improperly dismembered.
- Appellants contend the Trial Court exceeded its bounds by considering winding-up of the Partnership and by dividing community-fee assets, warranting remand for retrial on the children’s residence issue and reevaluation of the fee division.
- The Appellant brief seeks reversal of the final decree, exclusion of contested fees from the community estate, and remand for further proceedings consistent with the court’s opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the geographic-restriction verdict supported by the evidence? | Gonzales—jury’s latitude is constrained by the evidence. | Gonzales—evidence supports a move; the verdict should stand. | Verdict is not supported; should be set aside and retrial ordered. |
| Did the trial court properly divide the contingency-fee interests? | Letter of June 19, 2012 terminated partnership interests; reasonable client perspective shows abandonment. | Partnership rights persisted; no proper termination or winding-up found. | Trial court erred; fee interests should be excluded or remanded for further proceedings. |
| Was the record properly considered without dismemberment of evidence? | Court improperly rewrote evidence by taking statements out of context. | Record supports the court’s interpretation notwithstanding context. | Evidence cannot be dismembered; requires remand for proper evidentiary review. |
Key Cases Cited
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (evidence cannot be taken out of context in review of verdicts; complete context required)
- Lenz v. Lenz, 79 S.W.3d 10 (Tex. 2002) (limits on jury’s latitude; sufficiency review required)
- Royden v. Ardoin, 331 S.W.2d 206 (Tex. 1960) (client-facing consequences of attorney-fee arrangements)
- Gillen v. Williams Bros. Construction Co., 933 S.W.2d 162 (Tex. App.–Houston (14th Dist.) 1996) (record deficiencies may warrant new trial)
- Falk & Fish, L.L.P. v. Pinkston's Lawnmower and Equipment, Inc., 317 S.W.3d 523 (Tex. App.–Dallas 2010) (contractual communications judged from reasonable-client perspective)
- Holden v. Holden, 456 S.W.3d 642 (Tex. App.–Tyler 2015) (review of issues tried by consent; no showing here)
