RECENT NEWS and SUCCESSES at FHM:

JOHN H. ROEHM, III has become a DIRECTOR at FHM. John joined the firm in December 2002 and his primary practice area is litigation. John works in the FHM's governmental section and represents public officials, school districts, counties, and municipalities in state and federal court. John also represents property owners on property tax matters. Prior to joining FHM, John worked at Nichols, Jackson, Dillard, Hager & Smith representing municipalities and appraisal districts. When not practicing law, John enjoys traveling, snow skiing, and golf.

ROBERT FUGATE has become a DIRECTOR at FHM. His primary practice area is civil appellate law. Since joining FHM in August of 2001, Robert has worked on a broad range appeals with FHM’s trial lawyers, including commercial litigation, insurance coverage, personal injury, civil rights, and school law. Prior to joining FHM, Robert worked as a staff attorney at the Dallas Court of Appeals. He graduated magna cum laude from the University of Houston Law Center and has an undergraduate degree from UTA in civil engineering. Away from work, Robert enjoys saltwater fishing and family trips to national parks.

DEAN FOSTER has joined FHM as an associate as of March 10, 2003. Dean’s primary practice area is civil litigation, with an emphasis on insurance coverage litigation. Dean graduated from South Texas College of Law in December of 2001, and was a member of the South Texas Law Review. Dean obtained his undergraduate degree in Biology from The University of Texas. Away from the office, Dean enjoys hunting and bicycling. Dean and his wife, Wednesday, and their son, Blake (born May 9, 2003), live in Coppell.

LINDY WOODS joined FHM as an Associate as of July 21, 2003. Lindy’s primary practice area is civil litigation, with an emphasis on personal injury litigation. He graduated from University of Tulsa College of Law in 1991. He also earned his MBA from East Texas State University in 1988 and his undergraduate degree from Baylor University in 1983. Away from the office he enjoys hunting, fishing and coaching his kids in their sports. Lindy his wife Brenda and three kids, Meredith, Wes and Carson live in the Lake Highlands area.

BARRY FANNING and ROBERT FUGATE obtained an APPELLATE VICTORY in Doe v. Roman Catholic Archdiocese of St. Louis, before the Dallas Court of Appeals. After FHM filed a special appearance, the trial court dismissed the Archdiocese of St. Louis from the suit for lack of personal jurisdiction. The Dallas Court of Appeals affirmed and held that bringing the Archdiocese into the Texas court system would not comport with traditional notions of fair play and substantial justice. The Court focused on the fact that both plaintiffs were Missourians, the Archdiocese resides in Missouri, and the alleged tort occurred in Missouri. The opinion was written by Justice Joseph Morris and is designated for publication.

THOMAS P. BRANDT and AMANDA M. BIGBEE obtained a DEFENSE VERDICT in a TEMPORARY INJUNCTION TRIAL in John and Mary Doe, Individually and a/n/f of Jane Doe, a Minor Child v Yantis ISD, et al, US District Court, Eastern District, Tyler Division, before Judge Hannah. Plaintiffs sued under 42 U.S.C. section 1983 for an alleged violation of their right to free speech. Plaintiffs sought a preliminary injunction stopping Defendants from disseminating information; requesting that Defendants allow parents to speak in open session at school board meetings regarding issues of student discipline; and requiring Yantis ISD to amend its policies to "ensure" that such open discussion is permitted.

KING FIFER obtained a SUMMARY JUDGMENT in Willowbrook Foods, et al. v. Badger Fire Protection, et al., 216th Judicial District Court, Gillespie County, before Judge Ables. Plaintiffs owned a turkey processing plant in Fredericksburg. A fire burned down the entire plant, resulting in a claim in excess of $30 million. FHM moved for summary judgement because the plaintiffs failed to properly arm the fire suppression equipment. The court agreed with FHM and granted the motion.

THOMAS P. BRANDT and STEPHEN HENNINGER obtained a SUMMARY JUDGMENT in Jeffrey v. Bd. of Trustees of Bells I.S.D., Eastern District Federal Court in Sherman, before Judge Leonard Davis. The case involved a suit by high school salutatorian and her parents contending the student should have been the valedictorian. The Court rejected the plaintiffs claims that a student has a "property interest" in taking high level elective courses. The Court also rejected claims that the student’s due process rights were violated. The decision has been published in the Federal Reporter at 261 F.Supp.2d 719.

AMOS PETTIS obtained SUMMARY JUDGMENT in Joanne Lake v. Stein Mart, Inc., 342nd DISTRICT COURT, TARRANT COUNTY, before Judge Bob McGrath. The Plaintiff slipped and fell in a Stein Mart retail store near the cash registers as she was exiting the store. FHM successfully argued the Plaintiff had no evidence of any unreasonably dangerous condition and that Stein Mart had no knowledge of any such condition.

The TEXAS SUPREME COURT granted a petition for review filed by DON MARTINSON, GEORGE LANKFORD, and ROBERT FUGATE. The petition challenges a Corpus Christi Court of Appeals opinion allowing an insured to sue his carrier for breach of contract and alleged Article 21.55 violations after the insured refused to tender control of the defense to the insurer. The Court granted the petition for review after FHM filed the first "hyper-linked" CD-Rom briefing ever filed before with the Texas Supreme Court. The case is set for oral argument on October 8, 2003, in Austin.

NELLIE G. HOOPER obtained a DEFENSE VERDICT in Chuck Hixson v. Curtis Culwell, as agent for Garland Independent School District, in the Justice of the Peace, Precinct 3, Place 2, Dallas, County Texas, before Judge Sandra Ellis. Plaintiff's illegally parked car was hit by a GISD school bus. Plaintiff sued GISD for property damages to his vehicle. Judge Ellis entered a Plaintiff take nothing judgment.

AMOS PETTIS obtained a DEFENSE VERDICT in Holley v. Lake Highlands United Methodist Church Christian Childhood Development Center, in the Justice of the Peace Court, Precinct 3, Place 1, Dallas County, before Judge Al Cercone. After the Plaintiffs notified the school that they were withdrawing their children, the school filled the openings with other children. The Plaintiffs sued the school, alleging their children were removed from the rolls without requests. The Plaintiffs sued for a refund of their deposit and the price difference in tuition at their new school. FHM successfully argued that the Plaintiffs were not entitled to the non-refundable deposit or other money.

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