Results

Bryan F. Russ III ("Trey") was recently hired in 2023 to defend a lawsuit filed in Falls County, Texas alleging negligence claims against Trey's client arising out of an auto accident involving a cow on the highway.  On behalf of his client, Trey filed a No-Evidence Motion for Summary Judgment pertaining to all causes of action pled by the Plaintiff.  After a live hearing on the Motion, the Court granted the Motion disposing of all Plaintiff’s claims against Trey's client.

Bryan F. Russ III (“Trey”) in 2023 filed a lawsuit as a result of a driver failing to timely apply her breaks.  As a result of such inaction on behalf of the driver, her truck negligently slammed into the back of the passenger vehicle driven by Trey's client resulting in serious bodily injuries and property damage.  Before the firm was hired, Defendant's insurance company offered $75,000.00 to resolve this case.  However, after the lawsuit was filed and Trey sent a Stower's demand on behalf of his client, the case was settled for the entire policy limits of $250,000.00.

Bryan F. Russ III (“Trey”) in October of 2022 won a jury trial in a deed contest in Falls County, Texas.  Trey represented a rancher that had been gift deeded approximately 250 acres of land by a close family friend (hereafter "Mr. X") four days before Mr. X passed away in the hospital.  Approximately four years after Mr. X's death, Mr. X's family brought suit against Trey's client alleging that Mr. X did not have the necessary mental capacity to sign the deed and/or that someone had unduly influenced Mr. X to sign the deed conveying the property to Trey's client. After a three day jury trial, the Falls County jury returned a verdict in favor of Trey's client finding that Mr. X did have capacity and that Mr. X was not unduly influenced.

Bryan F. Russ III (“Trey”) in September of 2022 won a jury trial in a partition lawsuit in Robertson County, Texas.  Trey represented a large ranch as Plaintiff in a partition action wherein commissioners appointed by the Court had previously made an award/division partitioning the undivided interests in the property between Trey's client and the Defendants in the case.  The Defendants objected to the award and requested a jury trial challenging the fairness of the commissioners' award. After a jury trial on the merits, the Robertson County jury returned a unanimous verdict in favor of Trey's client after only 4 minutes of deliberation.

Bryan F. Russ III (“Trey”) in March of 2023 tried and won a boundary line dispute and trespass case in Robertson County, Texas.  Trey represented a Plaintiff whose neighbor (the “Defendant”) had arbitrarily and intentionally moved the common boundary fences so as to attempt to wrongfully take land from Trey’s client.  After a trial on the merits, the Court determined the boundary to be as testified to by Trey’s expert surveyor (an RPLS) and ordered the Defendant to remove all of his fences placed on Plaintiff’s property.  Additionally, the Court awarded damages to Plaintiff for Defendant’s trespass.  Finally, the Court awarded Trey’s client all of her attorney’s fees and court costs incurred in filing and prosecuting the lawsuit.

Bryan F. Russ III (“Trey”) recently won an oil and gas case wherein Trey represented a large landowner (“Plaintiff”) against an oil and gas company (“Defendant”) willing to pull out all the stops in an effort to ignore its obligations to Trey’s client pursuant to the express terms of two oil and gas leases.  Specifically, Trey filed suit on behalf of Plaintiff against the oil and gas company seeking to enforce the terms of the leases.  Thereafter, the trial court granted a motion for partial summary judgment filed by Trey on behalf of his client.  Defendant subsequently filed a mandamus with the 10th Court of Appeal and the same was denied.  Not accepting of the result, Defendant then filed its mandamus with the Texas Supreme Court and the same was once again denied.  Thereafter, the case was tried by Trey on all remaining issues and the trial court granted a verdict in favor of Plaintiff on all issues.  Again, not accepting of the ruling, Defendant filed a direct appeal with the 10th Court of Appeals and the case was subsequently affirmed by the 10th Court.  Thereafter, Defendant oil and gas company filed a petition for review with the Texas Supreme Court and the same was recently denied by the Texas Supreme Court. 

 Bryan F. Russ III ("Trey") recently settled a case brought against a Texas based trucking company and its driver for causing serious bodily injuries to Trey's client.  Specifically, the driver of the 18 wheeler took his eyes of the road to reach for a cigarette and as a result over corrected the semi truck turning it right into oncoming traffic approaching in the opposite lane.  As a result of the driver’s actions, the 18 wheeler collided with the vehicle driven by the firm’s client causing him serious bodily injuries.  The case was settled pursuant to a confidential settlement agreement. 

 Bryan F. Russ III (“Trey”) recently filed a lawsuit against a Texas based trucking company and its driver as a result of a motor vehicle collision wherein the driver of an 18 wheeler failed to timely apply his breaks.  As a result of such inaction, the 18 wheeler collided into the back of the passenger vehicle driven by the firm’s client resulting in the client suffering serious bodily injuries and property damage.  The case was recently settled pursuant to a confidential settlement agreement. 

  Bryan F. Russ III ("Trey") was recently hired to file a wrongful death suit against the driver of an 18 wheeler, as well as the trucking company, after Trey's clients (siblings) lost both their father and grandmother when an 18 wheeler struck the driver side door of a pickup truck as it attempted to turn left onto a county road in Robertson County, Texas. After discovery was completed, a confidential settlement was reached in mediation.  

Bryan F. Russ III ("Trey") was recently hired to represent the children of a mother who had under unusual and unexpected circumstances allegedly signed an earnest money contract several weeks before she passed away essentially selling her home and all her land for just pennies on the dollar.  On behalf of his clients, Trey filed suit against the purported buyers alleging that the contract violated the statute of frauds for failing to set forth a proper legal description of the property to be conveyed.  After a motion for summary judgment filed by Trey was granted in favor of the firm's clients finding that the legal description was void for failure to satisfy the statute of frauds, the case settled, the contract was rendered void and the firm's clients were able to keep/inherit all of their family land and home.  

 Bryan F. Russ III (“Trey”) recently won a lawsuit filed on behalf of his client in Limestone County, Texas concerning a title issue as to a parcel of property that had previously been conveyed to a trust thereby creating an issue in the chain of title.  As part of attempting to flush out the position of the defendants in the case, Trey sent written discovery requests on behalf of his client to legal counsel for the defendants.  When the defendants failed to respond at all to the written discovery requests, Trey filed a motion to compel and had the motion set for a hearing.  At the hearing, in exchange for not seeking attorney’s fees from the defendants, the defendants agreed that Trey’s client should prevail on all claims as pled for in the lawsuit.  As such, in lieu of a hearing on the motion to compel, a prove up hearing was held and the court entered judgment in favor of Trey’s client on all issues.   

Bryan F. Russ III ("Trey") recently defended a client sued in District Court for trespass, nuisance, negligence, rescission and restitution of an underlying sale of real property and for the imposition of a constructive trust.  The District Judge ruled in favor of the Defendant and against the Plaintiff on all causes of action.  The Plaintiff thereafter appealed the case to the 10th Court of Appeals.  The appellate court affirmed the decision of the trial court finding in favor of the Defendant as to all issues.

Bryan F. Russ III ("Trey") was recently hired to defend a lawsuit filed in Grimes County, Texas alleging claims of DTPA, Fraud and Fraud by Nondisclosure arising out of an owner-finance transaction wherein Plaintiffs purchased a tract of land from Defendants.  On behalf of his clients, Trey filed a Traditional and No-Evidence Motion for Summary Judgment pertaining to all causes of action pled by the Plaintiffs.  After taking the Motion under advisement, the Court granted Defendants’ Motion disposing of all Plaintiffs’ claims.  After prevailing before the district court, Trey was subsequently hired by his clients to file an eviction suit against the original Plaintiffs.  After a trial, on appeal, before the Grimes County Court, Trey’s clients were put back into possession of the property and the original Plaintiffs (Defendants in the eviction suit) were evicted from the property. 

Bryan F. Russ III ("Trey") was recently hired to represent a woman originally from California.  Earlier in the year she and her husband had moved from Leon County, Texas to California.  After a marital dispute led to a separation, husband immediately moved from California back home to Leon County, Texas and filed for divorce in Leon County, Texas.  After being retained by wife, Trey filed in the Leon County District Court a Motion for Court to Decline Jurisdiction pursuant to the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA).  After an all day contested hearing, the Court granted the Motion declining jurisdiction and transferred the case to the court in California where client was living.