Saunders | Walsh

Client Testimonials Complete and total victory!!!! Civil Litigation Client – Zero-Lot-Line Encroachment Co-Founder of Technology Company Rockwall, Texas I was sued by a neighbor over a long-standing condition between our properties in a 1980s zero-lot-line subdivision. Anyone familiar with these types of developments knows that minor encroachments and shared infrastructure along lot lines are extremely common and often date back to the original construction of the homes. Despite that, my neighbor filed a lawsuit claiming trespass and other theories related to utilities and conditions that had existed openly for decades. From the beginning I knew I had done nothing wrong, but once someone files a lawsuit you still have to defend it properly. That is when I hired Chapman Bauerlein, and it turned out to be the best decision I could have made. Chapman and his team immediately got to work preparing my original answer, amended answer, and counterclaims and began building the legal defense to what was ultimately a very weak case. We also attended mediation in good faith and were open to resolving the dispute reasonably, but the other side chose to keep pushing the litigation. Things escalated when the plaintiff attempted to obtain an ex parte Temporary Restraining Order (TRO) against me that tried to freeze assets and impose sweeping restrictions completely unrelated to a routine property dispute. Chapman quickly identified that the TRO violated the Texas Rules of Civil Procedure and filed an Emergency Motion to Dissolve explaining why the order was legally defective. Not long after that challenge was filed, the plaintiff withdrew the TRO before the court could even hear the motion. That episode alone showed how poorly thought out the request had been. The case then continued with additional motion practice, including a temporary injunction hearing, evidentiary objections, and multiple filings. Chapman methodically addressed each issue and continued building the record through detailed motions and responses. Ultimately Chapman filed a comprehensive Motion for Summary Judgment demonstrating that the utilities serving my property had existed in the same location since the original construction of the subdivision and were protected by a prior-use easement. The court agreed completely. The judge granted our Motion for Summary Judgment in full, denied the plaintiff’s motion entirely, dismissed all of their claims with prejudice, and awarded me $39,020 in attorney’s fees and expenses, plus additional fees if the plaintiff unsuccessfully appeals the case.  Chapman also pursued additional relief addressing the improper litigation conduct surrounding the TRO and other filings that forced unnecessary motion practice in what should have been a straightforward property dispute. One thing that became very clear during the case was how important competent litigation strategy is. There were several procedural issues throughout the case that should have been obvious under the Texas Rules of Civil Procedure, including the defective TRO request and other motion practice that ultimately went nowhere. Chapman addressed each issue carefully and methodically, and the court’s final ruling confirmed that the legal arguments and evidence he presented were correct. This was my first lawsuit, and Chapman was extremely patient throughout the entire process. He took the time to explain what we could do, what we could not do, and how the litigation process actually works. I learned a lot about Texas civil procedure and motion practice along the way. I also want to give credit to Carly, his paralegal, who was incredibly responsive, organized, and helpful throughout the case. Litigation is never something anyone wants to deal with, but if you are forced into it you want experienced litigators who know how to handle the courts and how to win complex motion practice. In my case the lawsuit didn’t even make it to trial. It ended with a complete summary judgment victory and attorney’s fees awarded against the plaintiff. I would absolutely recommend Chapman Bauerlein and his team to anyone facing serious litigation in Collin County. Complete and total victory!!!! Civil Litigation Client – Zero-Lot-Line Encroachment