Texas Civil Litigation Legal Questions

A good fence makes for good neighbors.  I would caution vigilance against a potential, future adverse possession claim.  The clearing of land is usually followed by someone erecting a fence or utilizing the cleared area.  If they clear and start using the land, then you may have a bigger issue down the road than just losing some bushes.  I would highly recommend putting in a fence on your property line. At the very least, you should mark the boundaries and send a certified letter.   In this instance, I would suggest that letter be strongly worded and come from an attorney.  ... Read More

A party can ASK for anything, but it would be a rare case where the Court would order such a test.  The defendant's drug use would have to be relevant to the issues in the case, and there would have to be good reason to believe that the defendant was on drugs.  Perhaps in a child custody case where there was good reason to believe that one parent's drug use was endangering the children?... Read More

It sounds like a terrible experience, and you may feel better if you complain to local consumer groups or the better business bureau, leave a bad online review, or something similar, but I would not recommend suing.  You have not mentioned any damages suffered by you or your family - medical bills, etc.  I assume that you had some minor damages for laundry bills or replacing the clothes, and you may want to bring a small claims suit for those, but unless you have suffered significant monetary damages, I don't know if you want to spend your time and money (if you have to engage a lawyer, which you probably wouldn't need in small claims court but might need in a court of general jurisdiction) litigating a suit.... Read More

I'm afraid that it doesn't constitute defamation, which is an intentinally or recklessly false statement of fact (not opinion) about a person, communicated to a third party, which damages the reputation of the person being spoken (or written) about or causes that person monetary damages.  However hurtful, the teller's comments do not appear to be defamatory on several counts.  They may possibly constitute intentional infliction of emotional distress or prima facie tort, but you should consult with a Texas attorney to see if the teller's actions constitute one of those torts under Texas law.  You didn't ask, but I hope you don't think I'm overstepping if I suggest that you and your wife have more important things to worry about right now than bringing a lawsuit, which is expensive, time consuming, and stressful.  Perhaps a complaint to the bank's management would be a better way to go.... Read More

If I understand you correctly, you contracted to sell land to your daughter and her husband for $10,000 and they have paid you only $4,500.  You could sue them for breach of contract to recover the $5,500 (plus interest( or to rescind the contract, i.e. to return their money and get your land back.... Read More

The statute of limitations on personal injury cases in Texas is 2 years. There is an exception for minors. The statute of limitations for injuries occurring to minors begins to run on their 18th birthday and would expire on their 20th birthday. Based on the facts as stated in your question, the SOL has not expired on the minors claim if he is 19 years old now for an injury that occurred when he was 11. Good luck... Read More

IF the woman misrepresented a fact (not an opinion, such as calling you a jerk, or describing your behavior as harassing when you felt you were just having an argument), you could have a claim against her for defamation.  Taking something completely out of context (for example, if you wrote "I know that you are not a child molester" and she wrote your boss that you wrote "you are a child molester") can be considered a misrepresentation of fact.... Read More

If your daughter did not have a will, her property will pass based on New York's law of intestacy.  Assuming that her father is no longer alive, you would be the sole beneficiary.  You will probably need to start an admininstration proceeding in the NY Surrogate's Court.  If you don't want to engage an attorney, the clerk of the Surrogate's Court in the county in which your daughter resided may be able to help.,... Read More

Notify your automobile insurer immediately; it will provide you with an attorney, although you would also have the right to retain private counsel (probably at your own expense) if you wish.  I don't think you have much of a counterclaim (particularly since your carrier should be paying for coverage), but maybe the facts will show that plaintiff intentionally or maliciously sued you knowing that you had nothing to do with the matter.... Read More

Your friend needs a real estate law attorney.  Our firm handles both real estate law and probate/estate planning.  It sounds like you may actually need someone familiar with both.  We offer an initial consultation at a reduced fee of $75 for the first 30 minutes.  Let us know if you would like to schedule a consultation.  ... Read More