David has been an attorney for over two decades, and for nearly all of that time, the emphasis of his practice has been appellate law. David has handled numerous appellate and original proceedings covering many areas of substantive and procedural law. David spent most of his legal career in South Texas, where he obtained extensive experience in the Fourth and Thirteenth Courts of Appeals as well as the Texas Supreme Court. David has also handled appellate matters in the Fifth Circuit and has been involved in appeals to the United States Supreme Court. In these higher courts, David has represented both sides of the docket – plaintiffs and defendants – as well as a variety of interests, from banks and large corporations to small businesses and ordinary individuals. David has successfully upheld summary judgments, jury verdicts, injunctions, and other orders. And, he has successfully appealed and overturned judgments and other rulings by lower courts. David also has experience in handling original proceedings in the courts of appeals and the Texas Supreme Court. Such work includes arbitration provisions, venue rulings, forum-selection clauses, death penalty sanctions, and a variety of other actions taken by lower courts.
Appellate work does not always begin in the appellate courts. David also has much experience in the trial courts in laying the groundwork for advancing into the appellate courts, including error preservation; jury charges; summary judgments; special appearances; default judgments; dismissals for want of prosecution; motions to strike expert witnesses; venue transfers; and other motions and procedures which could have the effect of disposing of the case in the trial court.
One matter which David found most fulfilling was when he single-handedly took on multiple large Texas law firms in representing Mexican pop singer Gloria Trevi in her lawsuit against two Mexican media conglomerates and a well-known television personality who had filed special appearances, seeking to avoid being sued for defamatory broadcasts in Texas. David coordinated the gathering of evidence in the trial court, prepared the response to the special appearances, and then won in the trial court, won 3-0 in the court of appeals, and won 9-0 in the Texas Supreme Court. The Texas Supreme Court’s opinion called it a case of first impression. As a result, Texas Lawyer named David its “Appellate Lawyer of the Week” for the March 7, 2016 edition.
When he is not practicing law, David enjoys being active in his local church as well as spending time with his family, being outdoors, reading, travel, and keeping up with the Dallas Cowboys, Texas Rangers, and San Antonio Spurs.
Fifth Circuit Court of Appeals
J.D., The University of Texas School of Law, 1989
B.A., Washington and Lee University, 1985
Dallas Bar Association
Member, Steering Committee for November, 2010 ABA Appellate Judges Education Institute
Author, Can People Conspire to Commit Constructive Fraud?, published by Cooper & Scully, P.C., September 23, 2019
Speaker, Menchaca - Rehearing and Unresolved Issues, 26th Annual Insurance Symposium, April 5, 2019
Speaker, “How to do an Oral Argument at the Texas Supreme Court and Live to Tell About It,” Continuing Legal Education luncheon, Hidalgo County Bar Association, Appellate Section, December 8, 2015
Speaker, “Appellate Procedure for Paralegals,” Paralegal Association, July 12, 2013, McAllen, Texas
Speaker, “Superseding Judgments,” Continuing Legal Education luncheon Hidalgo County Bar Association, Appellate Section, December 8, 2009
Peter Buffa, M.D. v. Umang Khetarpal. M.D.; Cause No. 13-19-00035-CV, 2020 WL 1060570 (Tex. App.—Corpus Christi March 5, 2020).
In Re: Texas Christian University, et. al.; 571 S.W.3d 384 (Tex. App.—Dallas 2019, orig. proceeding).
De La Pena v. Gordon, No. 02-18-00030-CV; 2019 WL 1495045 (Tex. App.—Fort Worth 2019, no pet.).
In Re: Associated Truss Company; Cause No. 05-18-00896-CV, 2018 WL 6695739 (Tex. App.—Dallas December 18, 2018, orig. proceeding)
T.V. Azteca, S.A.B. de C.V., et. al. v. Gloria de los Angeles Treviño Ruiz, et. al., 490 S.W.3d 29 (Tex. 2016) and 494 S.W.3d 109 (Tex. App. – Corpus Christi 2014)
In re: Ruben Gonzalez, No. 04‑15‑00553‑CV; 2015 WL 5837896 (Tex.App. – San Antonio 2015, orig. proceeding)
America Amada Gonzalez, et. al. v. Jose Gilberto Pena, et. ux., et. al.; No. 04-14-00048-CV, 2015 WL 505088 (Tex. App. – San Antonio 2015, no pet.)
Michael Habiniak v. Mario Ramirez, Jr. et. al.; No. 14‑41060, 603 Fed. App’x. 338 (5th Cir. 2015)
Texas Association of Women's Clubs v. Howard Construction Co.; No. 13‑12‑00452‑CV; 2014 WL 7403991 (Tex. App. – Corpus Christi 2014, no pet.)
In re: James Summersett, III, 438 S.W.3d 74 (Tex. App. – Corpus Christi 2013, orig. proceeding)
Summersett v. Jaiyeola, 438 S.W.3d 84 (Tex. App. – Corpus Christi 2013, pet. denied)
Jacobo Chapa, et. al. v. Stonehaven Development, Inc., et. al., No. 13‑13‑00030‑CV; 2013 WL 4426383 (Tex. App. – Corpus Christi 2013, no pet.)
Chong v. Chong; No.13‑09‑00448‑CV, 2010 WL 5541702 (Tex. App. – Corpus Christi 2010, no pet.)
Robert Holeman Twist v. McAllen National Bank, et. al., 294 S.W.3d 255 (Tex. App. – Corpus Christi 2009, no pet.).
Graybar Electric Company, Inc. v. Gonzalez, et. al., (consolidation of four appellate and original proceedings), 2008 WL 3970865 (Tex. App. – Corpus Christi 2008)
Guzman v. Inter National Bank, No. 13-07-00008, 2008 WL 739828 (Tex. App. – Corpus Christi 2008, no pet.)
In re: Honrubia Properties, Ltd., et. al., 13-07-00249, 2007 WL 2949567 (Tex. App. – Corpus Christi 2007, orig. proceeding)
City of La Joya v. Sheila Ortiz, No. 13-06-00401, 2007 WL 293019 (Tex. App. – Corpus Christi 2007, no pet.).
Citgo Petroleum Corporation, et. al. v. Wright Petroleum Co., Inc., et. al.; No. 13-03-00367, 2005 WL 3117284 (Tex. App. – Corpus Christi 2005, pet. denied).
Borg-Warner Protective Services Corporation, et. al. v. Flores, 955 S.W.2d 861 (Tex. App. – Corpus Christi 1997, no pet.).
Gorges Foodservice, Inc. v. Huerta, 964 S.W.2d 656 (Tex. App. – Corpus Christi 1997, pet. withdrawn)
In re: Zenergy, Inc., 968 S.W.2d 1 (Tex. App. – Corpus Christi 1997, orig. proceeding)
Just v. Valley Telephone Cooperative, Inc., et. al., 99 F.3d 1135 (5th Cir. 1996)
Garcia v. Glynn Andrews d/b/a Mo-Vac Service Company, et. al., 867 S.W.2d 409 (Tex. App. – Corpus Christi 1993, no writ)
McLendon v. Mandel, No. 05-90-01329-CV, 1991 WL 167093 (Tex. App. – Dallas Aug. 30, 1991, writ denied)