Sonia Garcia Mora v. Jesus Villalobos

CourtCourt of Appeals of Texas
DecidedAugust 22, 2005
Docket13-02-00691-CV
StatusPublished

This text of Sonia Garcia Mora v. Jesus Villalobos (Sonia Garcia Mora v. Jesus Villalobos) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sonia Garcia Mora v. Jesus Villalobos, (Tex. Ct. App. 2005).

Opinion

                             NUMBER 13-02-00691-CV

                         COURT OF APPEALS

                     THIRTEENTH DISTRICT OF TEXAS

                         CORPUS CHRISTI B EDINBURG

SONIA GARCIA MORA,                                                                    Appellant,

                                                             v.

JESUS VILLALOBOS, RAMON GARCIA, AND

LAW OFFICES OF RAMON GARCIA, P.C.,                                    Appellees.

    On appeal from the 139th District Court of Hidalgo County, Texas.

                       MEMORANDUM OPINION

    Before Chief Justice Valdez and Justices Hinojosa and Rodriguez

                         Memorandum Opinion by Justice Hinojosa


This is an appeal of a take‑nothing judgment entered after a jury verdict in a legal malpractice case.  Appellant, Sonia Garcia Mora, sued appellees, Jesus Villalobos, Ramon Garcia, and the Law Offices of Ramon Garcia, P.C. (ALaw Offices@), for legal malpractice.  In four issues, appellant contends (1) the evidence is legally insufficient to support the judgment, (2) the evidence is factually insufficient to support the judgment, (3) the trial court erred in granting an instructed verdict to dismiss Garcia as a defendant, and (4) the trial court erred in dismissing the Law Offices as a defendant.  As cross‑appellants, appellees contend the trial court erred by not awarding them costs under rule 131 of the Texas Rules of Civil Procedure.  We modify the trial court=s judgment and, as modified, affirm.

                                                   A.  Factual Background

On August 16, 1990, appellant was detained at a Dillard=s Department Store after Dillard=s employees accused her of shoplifting.  Appellant was directed to an office where she was questioned by employees and local law enforcement officers.  Employees performed a partial strip search of appellant, who was later escorted by law enforcement officers out of the store in handcuffs and taken to a police station where she was arrested and charged with theft.

After the district attorney=s office dismissed the theft charges for lack of evidence, appellant filed suit against Dillard=s for malicious prosecution, false arrest, negligence, intentional infliction of emotional distress, and defamation.  The jury answered liability questions in favor of appellant=s claims for malicious prosecution, false arrest, and defamation.  However, the jury determined that appellant did not suffer any damages.  Accordingly, the trial court entered judgment for Dillard=s.  Appellant appealed that judgment, which this Court affirmed.[1]


On January 10, 2000, appellant sued appellees, claiming the jury found zero damages in her suit against Dillard=s because of appellees= legal malpractice.  A jury later found that appellees had not committed legal malpractice and the trial court signed a take-nothing judgment.  This appeal ensued.

                                                      B.  Instructed Verdict

In her third issue, appellant complains the trial court erred in granting an instructed verdict to dismiss Garcia as a defendant.  In her fourth issue, appellant contends the trial court erred in granting an instructed verdict to dismiss the Law Offices as a defendant.

The record shows that at the close of appellant=s case in chief, the trial court granted Garcia=s request for a instructed verdict.  The trial court did not grant an instructed verdict to dismiss the Law Offices as a defendant. Villalobos and the Law Offices were both retained as defendants in the case.  Appellant=s fourth issue is overruled.


We review the denial of an instructed verdict under a legal sufficiency or "no evidence" standard of review.  Koepke v. Martinez, 84 S.W.3d 393, 395 (Tex. App.BCorpus Christi 2002, pet. denied).  When we review a Ano evidence@ or legal sufficiency of the evidence issue, we must view the evidence in a light that tends to support the finding of the disputed fact and disregard all evidence and inferences to the contrary.  Bradford v. Vento, 48 S.W.3d 749, 754 (Tex. 2001).  A no evidence issue will be sustained when the record discloses that (1) there is a complete absence of evidence of a vital fact, (2) the court is barred by rules of law or of evidence from giving weight to the only evidence offered to prove a vital fact, (3) the evidence offered to prove a vital fact is no more than a mere scintilla, or (4) the evidence conclusively establishes the opposite of the vital fact.  Merrell Dow Pharms. v. Havner

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