Wyatt

Brooks

Wyatt Brooks has successfully handled the full gamut of civil cases, winning jury and non-jury trials, summary judgments and dispositive motions, as well as obtaining favorable settlements, in a wide variety of cases. Mr. Brooks has handled cases as lead litigation counsel in cases involving real estate title disputes, condemnations, insurance defense, insurance coverage disputes, torts, breach of contract, shareholder and business disputes, oil and gas litigation, construction litigation, probate litigation, including issues of the validity of wills and trusts and their interpretation, and many other areas. Illustrative of the breadth of practice are the reported appellate cases handled by Mr. Brooks. These opinions deal with cases involving disputes in the following areas:

Construction - P. McGregor Enterprises, Inc. v. Denman Building Products, Ltd., 279 S.W.3d 717 (Tex. App.-Amarillo 2007, pet. denied) (successfully upholding an arbitration award in favor of contractor), and subsequent appeal dismissing fraud allegations at P. McGregor Enterprises, Inc. v. Denman Building Products, Ltd., No. 07-11-00012-CV (Tex. App.-Amarillo 2012, no pet.).

Concept General Contractors, Inc. v. Asbestos Maintenance Services, Inc., 346 S.W. 3d 172 (Tex. App.-Amarillo 2011) (successfully upholding a judgment in favor of subcontractor on claim for unpaid extra work)

Insurance and Coverage issues - Cook v. Admiral Ins. Co., 438 Fed. Appx. 313 (5th Cir. 2011) (coverage under a commercial general liability policy),

Rodriguez v. Texas Farmers Ins. Co., 903 S.W.2d 499 (Tex. App.-Amarillo 1995, writ denied) (successful defense against attempt at manufacturing bad faith claim against insurer)

Oil and Gas Litigation - Pearson v. Fillingim, 332 S.W.3d 361 (Tex. 2011) (successful defense of dispute over title to royalty interest)

Natural Gas Clearinghouse v. Midgard Energy Co., 23 S.W.3d 372 (Tex. App.-Amarillo 2000, pet. denied) (natural gas contract dispute)

St. Paul Oil and Gas Corp. v. Trijon Exploration, 872 S.W.2d 27 (Tex. App.- Corpus Christi 1994, writ denied) (successful defense against DTPA claim arising from auction of oil and gas interests), Transwestern Pipeline Co. v. Blackburn, 831 S.W.2d 72 (Tex. App.-Amarillo 1992) (arbitration of oil and gas contract dispute)

Tort claims - Mireles v. Ashley, No. 07-05-00280-CV (Tex. App.-Amarillo 2006) (vicarious liability of shipper for wrongful death caused by operator of truck)

Hoye v. Like, 958 S.W. 2d 234 (Tex. App.-Amarillo 1997, no writ) (successful defense of landowner against claims for loss of cattle from occupant of premises)

Dodge v. Watts, 876 S.W.2d 542 (Tex. App.-Amarillo 1994, no writ) (appeal from personal injury award)

Probate - Winfield v. Pietsch, No. 07-09-0261-CV (Tex. App.-Amarillo 2011, no pet.) (Successful defense against claims of lack of capacity and undue influence)

Wood v. Dalhart R&R Machine Works, Inc., 259 S.W.3d 229 (Tex. App.-Amarillo 2008, no pet.) (guardianship jurisdiction)

Bankruptcy - Shah v. Morris, 2011 Bankr. Lexis 464 (Bankr. N. D. Tex. 2011) (successful defense of debtor against objections to dischargeability of debt)

In re Bryant, 73 B.R. 956 (Bankr. N.D. Tex. 1987) (successful defense of debtor against objections to dischargeability of debt)

Commercial - First State Bank of Canadian v. McMordie, 861 S.W.2d 284 (Tex. App.-Amarillo 1993, no writ) (successful defense of bank against DTPA claims)

Accent Energy Corp. v. Gillman, 824 S.W.2d 274 (Tex. App.-Amarillo 1992, writ denied) (shareholder dispute),

Miller v. Kossey, 802 S.W.2d 873 (Tex. App.-Amarillo 1991, writ denied) (successful defense of fraud and DTPA claims)