J. W. Beverly
Mr. Beverly is board certified in Civil Appellate Law by the Texas Board of Legal Specialization. He has briefed and argued appeals in the First, Second, Third, Fifth, Ninth and Fourteenth Texas Courts of Appeals, and in the Federal Circuit and Fifth Circuit United States Courts of Appeals. He has also successfully represented clients in the Texas Supreme Court in appeals and mandamus proceedings. Mr. Beverly’s appellate cases have involved a variety of matters including contract, partnership, commercial note, real estate, partition, employment, ad valorem tax, whistleblower, patent, probate, personal jurisdiction, church law and election law cases. He has also filed amicus curiae briefs in state and federal courts of appeals on behalf of Texas municipalities and Texas oil and gas producers.
Mr. Beverly also has an extensive trial practice focusing on commercial disputes, construction, real estate matters, insurance claims and representing defrauded investors. He has represented plaintiffs and defendants in environmental, telecommunications, construction, real estate, deed restrictions, whistleblower, commercial note, contract, partnership disputes and collection cases. Among other things, his experience includes successfully representing oil and gas producers in complex environmental contamination cases, representing contractors and owners in construction disputes, representing homeowners in construction defect cases, representing individual investors with churning and unsuitable investment claims against stockbrokers and brokerage firms, and representing taxpayers in ad valorem tax matters.
In addition to his broad litigation practice, Mr. Beverly also assists clients with business matters. He has helped clients:
- Sell a food service business to outside investors.
- Form a commercial mail forwarding business.
- Negotiate commercial leases for office space and industrial property.
- Form real estate limited partnerships.
- Sell residential and commercial properties.
- Negotiate contracts for the sale and purchase of business assets.
- File mechanic’s and materialmen’s liens.
- Negotiate and draft non-disclosure and confidentiality agreements.
Before joining FBFK, Mr. Beverly was a founding partner at Zeidman Spencer Beverly & Holt, and has previously practiced with the Law Office of J. Beverly and Dow, Cogburn & Friedman, P.C. After graduating from law school, Mr. Beverly served as Briefing Attorney for the Honorable Charles F. Campbell of the Texas Court of Criminal Appeals. Prior to attending law school, he was an officer with Texas Commerce Bank in Austin.
J. W. Beverly
- Civil Appellate Law
- Obtaining a writ of mandamus from the Texas Supreme Court to reinstate his client as a candidate on a primary election ballot.
- Obtaining a reversal from the Federal Circuit Court of Appeals of a trial court decision dismissing a correction of inventorship claim in a patent case based on a claim of laches.
- Obtaining a reversal of a summary judgment against a widow based on a claim that she could not sue on behalf of her late husband to recover money due under a contract. This was a case of first impression interpreting the rights of surviving spouses under Texas law.
- Successfully defending on appeal a trial court judgment against a claim that a new trial was improperly ordered and that the trial court lacked personal jurisdiction over the defendant
- Successfully defending on appeal a trial court judgment after the grant of a new trial against a claim that the trial court judge should have been recused from granting a new trial.
- Obtaining an appellate reversal of a trial court ruling that the City of Houston’s Comprehensive Urban Rehabilitation and Building Standards were unconstitutional and overturning a $340,000 verdict against the City.
- Obtaining an appellate ruling that a property owner had not waived trial court review of the appraisal district’s excessive ad valorem tax appraisal.
- Successfully defending on appeal a judgment ordering the partition by sale of several multi-million dollar commercial properties.
- Successfully obtaining an appellate ruling affirming a trial court summary judgment against a property owner’s association that sued the developer for violation of deed restrictions.
- Successfully obtaining an appellate ruling affirming a trial court judgment that the defendant’s employee had apparent authority to execute the contract.
- Obtaining an appellate reversal of the trial court’s dismissal, based on the ecclesiastical doctrine, of a client’s suit seeking inspection of the books and records of his church under the inspection rights provision of the Texas Non-Profit Corporation Act. This was a case of first impression in Texas.
- Successfully defending on appeal a trial court order denying a motion to dismiss for lack of personal jurisdiction in a dispute between cell phone service providers.
- Successfully defending on appeal a federal district court’s dismissal of lawsuit for failure to state a claim upon which relief could be granted.
Defrauded Investor Representation
- Obtained a $550,000 recovery for a client defrauded by his stockbroker through an extensive churning scheme that placed the client’s retirement funds in unsuitable investments and generated excessive commissions for the broker.
- Obtained a $300,000 settlement for a client whose stockbroker engaged in churning, made unauthorized investments and placed the client in unsuitable investments.
- Negotiated a $250,000 settlement prior to filing an arbitration claim for a client whose stockbroker engaged in churning, and unauthorized trading.
- Negotiated a $150,000 settlement prior to filing an arbitration claim for a client whose stockbroker placed the client in unsuitable investments and generated excessive commissions through churning of the account.
- Obtained a $135,000 judgment against an unregistered investment advisor who lost all of the client’s funds.
- Obtained a $100,000 settlement for the estate of a client who passed away before arbitration based on claims for unsuitable investments and churning.
- Obtained a $100,000 recovery for a client whose stockbroker encouraged excessive margin balances and placed the majority of the client’s account in one speculative stock.
- Obtained a $75,000 settlement for a client whose stockbroker engaged in unauthorized trading and churning.
- Obtained a $30,000 settlement for a client whose broker placed his retirement funds in unsuitable investments.
- Obtained a $35,000 settlement for a client whose broker induced him into questionable transactions.
- Obtained, as co-counsel a $4.5 million jury verdict in a real estate fraud case.
- Defended a motel owner accused of operating a public nuisance. The case was settled post-trial.
- Represented a co-generation plant owner against a claim for overcharges.
- Represented a distributor who was terminated by a European manufacturer.
- Represented parents in a wrongful death action.
- Obtained a settlement in the amount of twice the policy limits for a homeowner whose insurance company refused to pay after a fire destroyed her home claiming that the fire was intentionally set.
- Represented a client who had been discriminated against and underpaid on the basis of sex.
- Obtained a policy limits settlement for a client injured in an automobile collision.
- Obtained a judgment in a bench trial based on delay damages for a subcontractor against a general contractor who unreasonably delayed the client’s performance.
- Obtained a judgment after a jury trial for a client against a supplier who delayed the client’s performance.
- Obtained a judgment against a construction contractor who failed to perform as promised to the client.
- Obtained a judgment after a bench trial for a concrete contractor who was not paid for work performed.
- Negotiated a settlement for a contractor who was not paid for concrete construction work.
- Negotiated favorable settlements for several homeowners in construction defect cases.
- Obtained a dismissal of claims for harassment, trespass, assault and intentional infliction of emotional distress asserted against a group of church members.
- Negotiated a release in a suit to foreclose a mechanic’s and material men’s lien on a multi-million dollar project.
- Obtained a trial court ruling that the client was a common-law spouse entitling her to survivor’s benefits.
- Negotiated a take nothing settlement for a motel owner sued by a municipality for past-due hotel occupancy taxes.
- University of Texas (B.A., 1977; J.D., with Honors, 1990). Phi Eta Sigma.
- Deans Achievement Award in Oil and Gas
- Book Review Editor, 1988-1989 and Executive Editor, 1989-1990, American Journal of Criminal Law.
Professional Memberships and Affiliations
- 1990 Texas
- 1992 United States District Court for the Southern District of Texas
- 1992 United States Court of Appeals, Fifth Circuit
- 1996 United States District Court for the Northern District of Texas
- 2012 United States Court of Appeals, Federal Circuit
- 2016 United States District Court for the Eastern District of Texas
- Co-Author with Michael B. Smith: “Recent Developments in the Primary Jurisdiction Doctrine,” State Bar of Texas Oil Gas, and Energy Resources Law Section Report, Vol. 26, No. 2 (December 2001).
- Author: “New York Federal Court Rules That the Federal Telecommunications Act Does Not Limit Franchise Fees to Cost; Local Governments Can Charge Rental Value for Rights-of-Way,” Contracts, Franchises & Technology International Municipal Lawyers Association, Vol 3., No. 4 (September 1999).
- Author: “The Primary Jurisdiction Doctrine in Texas,” CLE Presentation, Houston, Texas, October 16, 1998.
- Co-Author with David J. Owens: “Developing Scientific Evidence in Environmental and Toxic Tort Cases: How to Select and Manage Experts,” Environmental Litigation in the Oil and Gas Industry, March 1997.
- Author: “Recent Developments in the Takings Doctrine,” CLE Presentation, Houston, Texas, March 24, 1995.
- Author: “Widening the Net: Murder for Remuneration in Texas – An Examination of Beets v. State,” American Journal of Criminal Law 17:3.