Fryar Law Firm, P.C. -- 1001 Texas Ave. -- 14th Floor -- Houston, Texas 77002-3194
Tel. 888-481-9995   281-715-6396   Fax 281-715-6397  Skype: fryarlawfirm
©2010 -- Copyright Fryar Law Firm, P.C. --  All Rights Reserved -- Disclaimer/Terms of Use
Fryar Law Firm, P.C. --Houston, Texas Business Litigation Attorneys.
Fryar Law Firm, P.C. -- Houston, Texas Shareholder Oppression Lawyers
Protecting the Rights of Business Owners
Site Map | Shareholder Resources | Contact | Home
Fryar Law Firm Cases - 2008
White v. White Resolution
11/3/08

      Fryar Law Firm P.C. nonsuited plaintiff's claims in White v. White, No. 2007-64427, in the 215th District Court, Harris County, Texas. The case was
    originally filed on behalf of Connie White to vindicate her rights as a shareholder against the other two shareholders who refused to recognize her as
    a shareholder.  As a result of prosecuting these claims, the corporation held its first annual meeting in years, expanded the board of directors to
    include independent directors, produced corporate records that had previously been withheld, and voted to issue Connie the certificates to evidence
    her share ownership. In light of the reforms, Mrs. White agreed to dismiss her lawsuit without prejudice to refiling in the event that the pattern of
    oppression recurs.

Jones v. Rossitto Settlement
10/16/08
      Fryar Law Firm P.C. announces the succesful resolution by settlement of Jones v. Rossitto, No. 06-10-10212-CV, in the 9th District Court,
    Montgomery County, Texas.  The lawsuit was originally filed by Plaintiff Leslie Jones against Defendant Louis Rossitto.  Jones and Rossitto are the
    owners of King Fabrication LLC.  Jones' lawsuit asserts individual claims for shareholder oppression against Rossitto and derivative claims for
    breach of fiduciary duty. Fryar Law Firm intervened in the lawsuit on behalf of King Fabrication.  The parties have reached a confidential settlement
    that involves the dismissal of all claims and the voluntary purchase of Jones' interest in the company for mutually agreed consideration.  Jones is
    represented by Evans & Kosut P.C.  Rossitto is represented  by Zimmerman, Axelrad, Meyer, Stern & Wise.

Fryar Law Firm Files BNP Imports, Inc. v. Trenton Iron & Metal
10/06/08
      Fryar Law Firm P.C. today filed Plaintiff's Original Petition in BNP Imports, Inc. v. Trenton Iron & Metal, No. 2008-59671, in the 334th District Court,
    Harris County, Texas.  Fryar Law Firm's client BNP Imports, Inc. is a Houston-based import/export company.  The lawsuit alleges that New Jersey-
    based Trenton Iron & Metal defrauded Plaintiff BNP Imports through a "bait and switch"--showing Plaintiff stacks of high quality bulk shredded scrap
    metal containing only 10-15% nonmetal impurities but actually shipping containers full of dirt and garbage with only 10-20% metal content.

Keating v. Houston R.E. Income Properties Dismissed
08/05/05
      Today, plaintiffs in  Keating v. Houston R.E. Income Properties, et al., No. 2008-09091, in the 80th District Court, Harris County, Texas, voluntarily
    dismissed their lawsuit against clients of Fryar Law Firm P.C.  This derivative suit was originally brought by four shareholders of certain Virginia real
    estate corporations alleging wrong doing by Hartman Management and seeking an injunction to prevent Hartman Management from rolling up these
    corporations to create Hartman Income REIT.  Fryar Law Firm obtained an abatement of the lawsuit in March, thus preventing Plaintiffs from
    interfering with the roll-up.  Plaintiffs are represented by the Law Offices of Kevin R. Michaels, PC.

Terry v. Femrite Trial and Settlement
06/18/08
      Fryar Law Firm P.C. announces the successful resolution by settlement of Terry v. Femrite, No. 00-02-01029-CV, in the 284th District Court,
    Montgomery County, Texas.  Fryar Law Firm's client, Plaintiff Phillip Terry, sued Defendant John Femrite, a Dallas real estate developer, for fraud
    relating to a loan made to Mr. Terry to finance a mining venture.  The case proceeded to jury trial before the Hon. Cara Woods on June 16.  After three
    days of trial, the parties reached a settlement involving the partial payment of the note and the return of collateral.

Fryar Law Firm Files Sherbert & Campbell, P.C. v. Mostyn
06/09/08
      Fryar Law Firm P.C. today filed a First Amended Petition initiating Sherbert & Campbell, PC v. J. Steven Mostyn, No. 2008-07105, in the 280th District
    Court, Harris County, Texas.  The suit was filed on behalf of Houston law firm Sherbert & Campbell, P.C. against Defendant Steve Mostyn, a Houston
    personal injury lawyer.  The suit concerns the split-up of the former law partnership of Sherbert, Campbell & Mostyn, seeks an accounting, and seeks
    the enforcement of the partnership dissolution agreement.

Hartman Commercial Properties REIT v. Allen Hartman Trial and Settlement
06/02/08
      Fryar Law Firm, P.C. announces the resolution by settlement of Hartman Commercial Properties REIT v. Allen Hartman, No. 2006-63041, in the
    333rd District Court, Harris County, Texas.  Plaintiff Whitestone REIT brought the suit against its founder, largest shareholder, and former CEO Allen
    Hartman, alleging breach of fiduciary duties.  Defendant Hartman asserted counterclaims arising from his ouster as CEO of the company in October
    2006.  Later, James Mastandrea, Hartman's replacement as CEO, asserted individual claims for defamation against Mr. Hartman.  The defamation
    case proceeded along side the main action. .Fryar Law Firm was brought into the case shortly before trial to defend defamation case.  Trial
    commenced before the Hon. Joseph J. Halbach on May 19.  After three days of trial, the parties reached a settlement whereby all claims against Mr.
    Hartman were dismissed and his stock was purchased for a mutually-agreed consideration.  The parties today issued a joint statement.  Lead
    counsel for Hartman was Susman Godfrey LLP.  Whitestone was represented by King & Spalding.  Mastandrea was represented by Beck Redden &
    Secrest.

Fryar Law Firm Appears in White v. White
05/08/08
      Fryar Law Firm P.C. today entered an appearance as of counsel to the Plaintiff in White v. White, No. 2007-64427, in the 215th District Court, Harris
    County, Texas.  Plaintiff Connie White is a shareholder in D&W Nameplate, Inc., a Houston-based manufacturer of oil field equipment.  The
    corporation was founded by Plaintiff's father-in-law, with all of the stock held by Plaintiff's father-in-law and his two sons.  After Plaintiff's husband died,
    she was unable to get the other shareholders to recognize her share ownership and issue her shares.  She filed suit to compel the issuance and to
    challenge other wrong doing.  In the First Amended Petition filed today, Plaintiff adds claims for shareholder oppression, breach of fiduciary duty, and
    violation of her inspection rights.  Defendants are represented by Meyer, Knight & Williams LLP.

TRO defeated; Abatement granted in Keating v. Houston R.E. Income Properties
03/04/08
      The Hon. Lynn Bradshaw-Hull today sustained positions urged by Fryar Law Firm P.C. on behalf of its clients in Keating v. Houston R.E. Income
    Properties, et al., No. 2008-09091, in the 80th District Court, Harris County, Texas.  This derivative suit was brought by four shareholders of certain
    Virginia real estate corporations alleging wrong doing by Fryar Law Firm's client Hartman Management and seeking an injunction to prevent Hartman
    Management from rolling up these corporations to create Hartman Income REIT.  Fryar Law Firm opposed the request for an injunction and filed a
    plea to the jurisdiction seeking abatement or dismissal of the suit.  The court today granted Fryar Law Firm's motion and abated the lawsuit.  Plaintiffs
    are represented by the Law Offices of Kevin R. Michaels, PC.

Garren v. Gilley Settlement
02/22/08
      Fryar Law Firm P.C. announces the successful resolution by settlement of Garren v. Gilley, et al, No. 2007-45384, in the 190th District Court, Harris
    County, Texas.  Fryar Law Firm's client, Plaintiff Chris Garren, is a minority shareholder of Encompass Security, Inc., a Dallas-based commercial
    security company.  Mr. Garren's lawsuit asserted claims against the corporation's controlling shareholders for shareholder oppression and sought to
    enforce Plaintiff's rights to inspect the corporation's financial records.  Today the parties dismissed the lawsuit pursuant to confidential settlement
    that provides for the purchase of Mr. Garren's shares for a mutually-agreed consideration. The Defendants were represented by Shannon, Gracey,
    Ratliff & Miller LLP.

District Court Grants Summary Judgment in Vaughan v. Hartman Management
02/20/08
      The Hon. Joseph J. Halbach today granted the summary judgment and jurisdictional motions filed by Fryar Law Firm P.C. on behalf of Hartman
    Management in Richard Vaughan v. Hartman Management, No 2005-78080, in the 333rd District Court, Harris County, Texas.  Hartman Management
    is a major commercial real estate management company, headquartered in Houston.  Plaintiff is a former employee of Hartman Management, and
    his lawsuit alleges that Plaintiff is due almost two million dollars in shares and unpaid commissions and other compensation. Fryar Law Firm filed a
    plea to the jurisdiction on Plaintiff's claims to shares and a motion for summary judgment on all other claims.  The Court granted all motions filed by
    Fryar Law Firm and denied the crossmotions for summary judgment filed by Plaintiff seeking to dismiss Hartman Management's claims that plaintiff
    breached the employment agreement.  The Court's ruling leaves Hartman Management's counterclaims against Plaintiff as the only live claims in the
    case. Plaintiff is represented by Rosenberg & Sprovach.

Fryar Law Firm Responds to Summary Judgment Motion in Vaughan v. Hartman Management
2/15/08
        Fryar Law Firm, P.C. filed Response to Plaintiff's Motion for Summary Judgment in Vaughan v. Hartman Management, No. 2005-78080, in the
    333rd District Court, Harris County, Texas. Fryar Law Firm represents an employer being sued by a former employee on claims of unpaid
    commissions and other compensation exceeding a million dollars. The plaintiff moved for summary judgment on claims asserted by Fryar Law
    Firm's client that the plaintiff had breached the employment agreement by disparaging his former employer and by misappropriating and disclosing
    confidential information..