Texas Supreme Court

Brenton M. Stanfield, Thomas P. Stone, Stone & Associates, LLP, and Jimmy Van Knighton, Ii v. Jon T. Neubaum And…

June 24, 201659 Tex. Sup. Ct. J. 1495

Summary

The Texas Supreme Court held that the trial court's error was a new and independent (superseding) cause of the Neubaums' appellate attorney‑fee injury, thereby breaking the proximate‑cause chain and entitling the attorneys to summary judgment. The Court also held that expert testimony was not required to prove the lack of causation. Chief Justice Hecht filed a concurring opinion disagreeing that judicial error is a new and independent cause, but still joining the judgment.