SE Texas Record

Thursday, December 12, 2019

Mostyn Law wants $1M hail suit reinstated, case was dismissed for want of prosecution

By David Yates | May 31, 2017


DALLAS – Mostyn Law is asking a district judge to reinstate a hailstorm lawsuit the firm allowed to be dismissed for want of prosecution.

The suit, seeking up to $1 million in damages, was filed last May on behalf of Francisco and Rosa Moya against Liberty Insurance and an adjuster.

Two years earlier, a hailstorm allegedly damaged the Moyas’ Dallas County home on May 8, 2014. The couple accused Liberty and the adjuster of fraudulently undervaluing their claim.

Court records show that Mostyn Law and the Moyas failed to appear at a scheduling conference in September. Two months later, the case was dismissed without prejudice on Nov. 14.

On Dec. 15, a full month after the case was dismissed for want of prosecution, the plaintiffs filed a motion to reinstate, arguing that the firm’s failure to appear was the result of a mistake.

“Plaintiffs’ overlooked the notice of the status conference,” the motion states. “This oversight was not intentional or deliberate.”

The motion also states that discovery was even still taking place, as the defendant adjuster had responded to a written discovery request as recent as Dec. 7.

A notarized verification accompanied the motion. The signatures on the document appear to be e-signatures. However, Mostyn Law refuses to speak with the Record and cannot confirm.

The verification can be viewed here

A hearing on the matter has been slated for June 23, court records show.

Court records also show that Liberty and the adjuster filed a motion for summary judgment on April 21, asserting that the appraisal process has been completed and requesting that the court dismiss the plaintiffs’ contractual and extra-contractual claims.

Mostyn Law attorney Gregory Cox represents the plaintiffs.

Liberty is represented by Plano attorney David Chumbley.

Filed in Dallas County District Court, cause No. DC-16-05140

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Organizations in this Story

Mostyn Law FirmDallas County