Texas Attorneys Obtain Summary Judgment After Filing Motion to Reconsider

Houston attorneys Scott Scheinthal and E. R. Hamilton successfully represented a subcontractor client that was hired by a general contractor to construct an underground storm drainage system as part of a new hotel being built in Montgomery County, Texas. The City of Shenandoah issued a permit to the general contractor to install the drainage needed to control flooding an 80 foot easement on adjacent property owned by the plaintiff, a retirement facility operator.

The plaintiff alleged that the city’s easement was limited in scope and did not allow for installation of storm drainage. Plaintiff filed a restraining order suing the general contractor and subcontractor client for trespass, quiet title, property damages, declaratory judgment and attorney’s fees in excess of $250,000. Prior to our attorneys’ involvement, the court granted plaintiff’s summary judgment on liability against the general contractor and subcontractor client. After appearing on behalf of the subcontractor client, over opposition and after motions and briefing, Scott and E. R. successfully joined the City of Shenandoah to the lawsuit over plaintiff’s objections, thus ensuring subsequent rulings would apply to all parties involved in the drainage construction. Following a subsequent briefing, Scott and E. R. were successful in their motion to reconsider the previous summary judgment order on liability and addressed several procedural and substantive rules under Texas law.

After spending more than 10 months researching real property records, analyzing the scope of the city’s easement of that property, appearing for oral arguments and numerous briefings, Scott and E. R. moved for summary judgment. Following oral arguments, the judge reversed her previous ruling granting summary judgment for the plaintiff on liability, and instead granted our client’s motion for summary judgment in full.

Scott is an accomplished trial attorney with more than 25 years of experience. He is board certified in personal injury trial law by the Texas Board of Legal Specialization. His practice includes defending company and individual clients in general civil liability, premises liability, professional liability, dram shop liability and transportation claims. Scott defends business clients in matters involving breach of contract, breach of fiduciary obligations, deceptive trade practice and fraud.

E. R. focuses his practice on a wide variety of insurance-related matters. His experience includes litigating insurance coverage disputes such as preparing coverage opinions, seeking declaratory judgments in personal injury and contract matters, and filing summary judgments based on policy exclusions. He has also represented insurers in first- and third-party lawsuits in Texas state and federal courts.