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Sunday, February 16, 2020

Couple seeks more than $1 million in suit against attorneys who failed to catch error in court order

Lawsuits

By Marian Johns | Feb 7, 2020

Judgegavel

HOUSTON — A Houston couple is seeking more than $1 million in their legal malpractice claim against a Dallas law firm after the attorneys failed to catch an error in a trial court order.

Paul Elizondo filed a complaint Jan. 29 in the Harris County District Court against Vincent, Serafino, Geary, Waddell & Jenevein PC and attorneys R. Kelly Donaldson and R. Scott Wolfrom alleging legal malpractice. 

Elizondo and his wife hired the defendants on Feb. 28, 2014 to represent them in a dispute with their new home builder. The defendants filed a claim against the builder on behalf of the Elizondos but failed to notice an error in the March 11, 2016 trial court order that disposed of all relief the Elizondos sought against the builders. The mistake was then found after the trial court's plenary power had expired with the Texas Supreme Court affirming the denial of the Elizondo's writ of mandamus and ruling the error should have been raised during the time period the trial court had plenary power. 

The Elizondos seek monetary relief of no less than $1.5 million, trial by jury, interest and all other just relief. They are represented by Kenneth Zimmerman of The Zimmerman Law Firm PC in Houston. 

Harris County District Court case number 2020-06306

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