Fryar Law Firm Achieves Appellate Victory

On December 28, 2010, the Fourteenth Court of Appeals in Houston, Texas handed down an opinion in favor of Fryar Law Firm's client in Vaughan v. Hartman, NO. 14-09-00590-CV (Tex. App.--Houston [14th Dist.] 2010). This was a breach of contract/commercial litigation action in which Fryar Law Firm represented the defendant. The plaintiff had originally brought suit in the 333rd District Court, Harris County, Texas, seeking over one million dollars in unpaid commissions and approximately $400,000 in "backend participation" payments. Fryar Law Firm obtained a summary judgment on all the plaintiff's claims in February 2008, except the backend participation claim. The case went to trial in April 2009, with Fryar Law Firm defending the plaintiff's remaining claim on the grounds that the plaintiff had materially breached the contract and was not entitled to further payment. The jury found in favor of Fryar Law Firm's client. The plaintiff appealed, and Fryar Law Firm filed its briefs defending its trial victory in March 2010. The Court of Appeals' opinion affirms Fryar Law Firm's victory in the trial court in all respects.