Seeking more than $700,000 in past due invoices, Quinney Holdings, doing business as Loss Solutions, filed suit against Mostyn and his firm on May 2, 2016 in Harris County District Court, alleging breach of contract.
Court records show the parties filed a joint motion to dismiss on March 9, stating they no longer desire to prosecute their claims against each other.
The trial court dismissed the case with prejudice that same day.
For 15 years, the Mostyn Law Firm used Quinney to perform damage calculations and expert services related to the firm’s Hurricane Ike and other property damage cases – approximately 15,000 projects in total, according to the original petition.
Mostyn reaped hundreds of millions of dollars in attorney’s fees suing insurers in the wake of Ike, creating a mass-tort model he now employs after every major hailstorm strike within the state.
Beginning in December 2012 and continuing through August 2014, Quinney worked two major projects for Mostyn: Brownsville Independent School District and Harlingen ISD.
Brownsville ISD received a $7M settlement from the Texas Windstorm Insurance Agency in its Hurricane Dolly lawsuit.
Quinney contends Brownsville ISD “was the single largest project” the two “ever worked on together,” as the inspection included 50 school campuses and several hundred buildings.
“As with all of the other cases on which plaintiff was retained as an expert, plaintiff billed defendants on a per square foot basis, which made the total bill for Brownsville ISD $1,391,115,” the suit states.
“Defendants paid plaintiff $778,457 … but to date have refused to pay the remaining balance of $612,658.”
The Harlingen ISD project included five campuses inspected.
Quinney contended actual damages for outstanding invoices totaled $706,103.
The company is represented by Ross A. Sears II, attorney for the Houston law firm Williamson, Sears & Rusnak.
Case No. 2016-28439