PMBG Wins Twice on the Same Day in the Texas Supreme Court

On March 10, 2023, the Texas Supreme Court denied two petitions for review filed in separate cases against PMBG clients.

The first case, No. 22-0003, styled Gary and Theresa Poenisch FLP v. TMH Land Services, Inc., involved whether a property description of an overriding royalty interest contained in an email chain was an enforceable contract. PMBG partners Elizabeth C. Boddy and D. Clay Person successfully represented TMH Land Services, Inc. in the trial court and obtained a summary judgment that the property description was unenforceable per the statute of frauds. PMBG partner Baldemar Garcia Jr. successfully represented TMH on appeal by obtaining an affirmance in the Fourth Court of Appeals and then a denial of the opposing parties’ petition for review in the Texas Supreme Court.

The second case, No. 22-0931, styled In re People’s Management of Texas, Ltd., was a mandamus petition seeking the dismissal of real property litigation. PMBG partner Baldemar Garcia Jr. represented Victor and Guadalupe Family Limited Partnership and its general partner, VMGGFC, Inc., in the trial and appellate courts. People’s Management’s motion to dismiss was denied in the trial court, and mandamus petitions were filed in the San Antonio Court of Appeals and then the Texas Supreme Court. Mr. Garcia filed responses to both mandamus petitions, which were ultimately denied.

PMBG partner Baldemar Garcia Jr. commented, “We are privileged every time a client entrusts us with their representation in trial and appellate courts. And delivering winning results is a vindication of that trust. We hope to continue the PMBG winning tradition for many years.”

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