Current Appeals:

Mosser Law is currently appealing cases before the US Court of Appeals for the 5th Circuit, and the 5th District Court of Appeals in Dallas, Texas.

This Report and Recommendation from the US Magistrate Judge is the basis of the appeal before the 5th Circuit.  In that case two homeowners, unaware of the requirements of the Texas Constitution, were misled by the lender and title company–among others.  The loan was closed improperly, in the homeowners’ living room, without constitutionally mandated notice.  Upon informing the lender of the violations, the lender failed to reform the loan in accordance with the Texas Constitution.  After the appropriate time period had elapsed, the homeowner then filed a declaratory judgment for to have the lien declared void in accordance with the Texas Constitution.

Here you can find our clients’ opening brief, the Defendants’ Response, and ourReply.

If you are interested in reading about another of Mosser Law’s cases under the Texas Constitution relating to voiding a homestead lien because of constitutional violations, you should read about the Rays.  The lien on their homestead was declared unconstitutional because of fraud by the bank.  They also won a damage award, and an award of attorneys’ fees with the help of Mosser Law.

Mosser Law is currently appealing a finding of personal jurisdiction over an out of state client before the 5th District Court of Appeals.  In that case our client, an employee of a Texas business, worked out of Pennsylvania.  He was hired out of Texas, worked in an area that did not generally include Texas, and his only contacts with Texas were at the behest of his Texas-based employer.  Notwithstanding the bulk of cases in our client’s favor–law indicating that an out of state employee whose contacts with the forum state are solely at the behest of the in-state employer is not subject to jurisdiction–the trial court ruled against him.  Feel free to read Mosser Law’s opening appeal brief, the response, and our final reply brief.

Winning an appeal begins with good trial lawyers.

Don’t be misled—appeals are an integral part of the litigation process. Rarely does the losing party give up without at least one appeal.

The basis of a good appeal is a sound trial. It’s crucial that the trial lawyer object at the appropriate times, for the appropriate reasons, and that the trial lawyer gets all the necessary evidence admitted at the trial court.

The best appellate lawyer is a good trial lawyer, with a sound understanding of the trial process. The best trial lawyer is one who is always thinking about the upcoming appeal.

 

Mosser Law’s appellate practice includes gifted appellate practitioners that successfully try lawsuits on a regular basis.

Think you have an appeal? Read More.

Practice Attorneys

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James C. Mosser

James Mosser has been practicing as a lawyer since his graduation from Texas Wesleyan in 1994. James brings a lifetime of business and life experience to his work.

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Nicholas D. Mosser

Nicholas Mosser has been practicing since his admission to the State Bar of Texas in 2010. He advises clients on complex tax implications to meet their business goals.

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james-mosser-towing-law-expert-dallas

James C. Mosser

James Mosser has been practicing as a lawyer since his graduation from Texas Wesleyan in 1994. James brings a lifetime of business and life experience to his work.

View Attorney Profile
nicholas-mosser-finacial-litigation-law-expert-plano.jpg

Nicholas D. Mosser

Nicholas Mosser has been practicing since his admission to the State Bar of Texas in 2010. He advises clients on complex tax implications to meet their business goals.

View Attorney Profile