Chapman Children's Trust v. Porter & Hedges, L.L.P.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• reviewing plaintiffs allegations as to exception and concluding no fact issue raised
• no right of recovery against attorney who files motions, even if meritless, because conduct is part of discharge of attorney's duty to client; other sanction is available, such as under rules of civil procedure and contempt proceedings
• “Because under Texas law it is the kind of conduct that is controlling, and not whether that conduct is meritorious or sanctionable, the trial court’s decision to grant summary judgment on the Trusts’ fraud and conspiracy claims against Porter & Hedges was proper.”
• “The conduct complained of here, unlike the role played by the lawyer in Likover [in which an attorney had assisted his client in perpetrating a fraud], involves acts or omissions undertaken as part of the discharge of Porter & Hedges’s duties as counsel to an opposing party.”
• distinguishing Likover, 696 S.W.2d at 471–72

Source: CourtListener parenthetical corpus (CC0).