In Texas litigation, when a dispute drags on without supporting factual proof, defendants often reach for a critical procedural tool: the No-Evidence Motion for Summary Judgment. Commonly referred to as the “put up or shut up” motion, this filing forces the non-moving party to produce admissible evidence supporting their claims or face an immediate dismissal […]
Author: Philip Silberman
Traditional Summary Judgments: How to Prove Your Case on Paper
In Texas civil litigation, a Traditional Motion for Summary Judgment (MSJ) serves as a procedural tool for disposing of a lawsuit before trial when there are no material facts in dispute. While many clients frequently ask their attorneys to file an MSJ to get a case quickly dismissed or resolved, winning a case on summary […]
No Live Testimony? What Evidence Counts in a Texas MSJ?
When a lawsuit moves toward a summary judgment hearing, parties often assume they will get their day in court to present witness testimony and convince the judge in person. In Texas civil litigation, however, motions for summary judgment (MSJs) operate under strict procedural rules. Knowing what evidence can be submitted and understanding that live witness […]
Win Your Case Without a Trial? Texas Summary Judgments Explained
Litigation can be a long, expensive, and stressful process. When individuals file a lawsuit or find themselves defending against one, they often assume the case will inevitably lead to a full trial before a judge or jury. However, Texas civil procedure provides a procedural mechanism that allows parties to resolve a lawsuit before ever stepping […]
Fraudulent Inducement in Texas Commercial Leases
Signing a commercial lease to launch a new business—such as a restaurant—is a major financial commitment. When a landlord assures a tenant that a commercial space was previously used for the same purpose, a tenant might reasonably expect a smooth permitting process and minimal startup costs. However, if those claims turn out to be false, […]
Locked Out of Your Business? Here’s How to Fight Back!
For commercial tenants in Texas, experiencing a lease dispute with a landlord can quickly escalate from an operational headache into an existential threat. Unlike residential leases where landlords face extremely strict limits and must immediately provide a key upon locking a tenant out, commercial landlords in Texas have much broader latitude. If a commercial tenant […]
The Hidden Danger in Your Real Estate Amendment
In Texas residential real estate transactions, standard promulgated forms from the Texas Real Estate Commission (TREC) serve as the bedrock for most purchase agreements. However, situations often arise during escrow where buyers or sellers want to adjust terms. When a layperson decides to draft a custom contract amendment using a Word document or an AI […]
The Legal Hurdle to Overcoming Unfair HOA Charges
For millions of Texas homeowners, moving into a community governed by a Homeowners Association (HOA) comes with a familiar tradeoff: community amenities and property value standards in exchange for strict covenants, conditions, and restrictions (CC&Rs). But what happens when an HOA oversteps its authority or levies fines that feel blatantly unfair such as a $59.75 […]
The Legal Steps to Convert an Apartment Complex into Condos
For real estate developers and investors across Texas, acquiring an existing multi-family apartment complex and converting it into individually owned, owner-occupied condominiums is a popular, value-add investment strategy. The math behind the business model seems straightforward: purchase a 100-unit apartment building for $10 million ($100,000 per door), establish a condominium regime, and sell off the […]
Why Paying for a House Without a Contract Is a Massive Risk
For many buyers, entering into an informal agreement to purchase a house seems like a straightforward, cost-effective way to achieve property ownership. A buyer might agree to make direct monthly payments labeled “house payment” to the seller, assuming that completing the payments will automatically result in receiving the deed. However, buying real estate in Texas […]