law-waiver-by-failure-to-submit-to-jury
A party waives "all independent grounds of recovery or of defense" when that party does not submit
its claim of recovery or defense to the jury or request that the jury determine any element of its claim or
defense, unless the evidence "conclusively establishe[s]" the claim or defense. See Tex. R. Civ. P.
279 (emphasis added). In this case, Williams did not propose that the jury determine pertinent dates
relating to Jackson's representation in support of his claim that a conflict precluded this lawsuit.
Likewise, Williams did not request that the trial court instruct the jury that, in determining whether
Williams failed to comply with the fee agreement, in response to question one of the jury charge, the
jury exclude from its consideration any work that Williams challenged as "secretarial" and any fees
that Williams challenged as "unreasonable." The evidence does not conclusively establish either
defense, and Williams does not contend otherwise. See id. Accordingly, Williams waived jury
consideration of those issues. See id. (3)
Williams v. Jackson (Tex.App.- Houston [1st Dist.] Oct. 9, 2008)(Radack)
(attorney fee dispute, sworn account suit, no duress, no excuse to payment of attorney's fees per agreement)
AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack
Before Chief Justice Radack, Justices Nuchia and Higley
01-07-00850-CV Charlie C. Williams v. Freddie N. Jackson
Appeal from Co Civil Ct at Law No 4 of Harris County
Trial Court Judge: Hon. Roberta A. Lloyd