HOUSTON – Today, the 14th Court of Appeals concluded storm attorney Eric Dick and his clients have failed to demonstrate any abuse of discretion in a trial court’s award of sanctions.
Court records show that Lam Nguyen and Van Hong Do had a dispute with the Aventus Insurance Company over a claim for property damage caused by Hurricane Harvey.
Along with invoking an appraisal procedure under the policy, Nguyen and Do’s attorney, Dick, also filed a lawsuit against Aventus in the Harris County Civil Court at Law, purportedly for the purpose of “managing” the appraisal.
The suit ultimately was dismissed, and Dick was sanctioned, court records show.
On appeal, Dick and his clients argued that the trial court abused its discretion when it ordered sanctions pursuant to Rule 13 of the Texas Rules of Civil Procedure and Civil Practices and Remedies Code section 10.001.
They contend that no evidence was presented to support any award of sanctions, relying on the arguments that an evidentiary hearing is a prerequisite to awarding sanctions under Rule 13, and chapter 10 sanctions were unjustified because Nguyen and Do’s causes of action were “viable.”
Justices found their argument makes no effort to address other grounds for sanctions recited in the April 2, 2018 sanctions order, such as findings that the lawsuit had no basis in fact, that it was brought in bad faith for the improper purpose of intimidating and harassing Aventus, and that appellants hindered the litigation process and failed to make reasonable inquiries to ensure that the claims and pleadings were not groundless.
“Without addressing all the grounds invoked by the trial court in support of its sanctions order, appellants cannot demonstrate reversible error,” the opinion states. “We conclude that appellants have failed to demonstrate any abuse of discretion in the trial court’s award of sanctions.”
Aventus is represented by Martin, Disiere, Jefferson & Wisdom, a Houston law firm.
Appeals case No. 14-19-00607-CV