Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00207-CV
Peter BARTON,
Appellant
v.
Ana
Ana Lisa GARZA,
Appellee
From the 229th Judicial District Court, Duval County, Texas
Trial Court No. DC-12-308
Honorable Dick Alcala, Judge Presiding
Opinion by: Karen Angelini, Justice
Sitting: Sandee Bryan Marion, Chief Justice
Karen Angelini, Justice
Marialyn Barnard, Justice
Delivered and Filed: March 25, 2015
AFFIRMED
Peter Barton sued his former lawyer, Ana Lisa Garza, for damages. After Barton presented
his case to a jury, Garza moved for directed verdict. The trial court granted the motion for directed
verdict and rendered a take-nothing judgment. We affirm.
BACKGROUND
Garza represented Barton in a divorce action. Barton subsequently sued Garza for legal
malpractice, alleging that she had failed to take measures to protect a community-property business
from fraud and/or waste. Barton further alleged that he suffered unspecified economic damages as
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a result of Garza’s alleged legal malpractice. Garza denied the allegations in Barton’s petition. The
case was eventually tried to a jury. After Barton rested, Garza moved for directed verdict on
grounds that (1) Barton had presented no evidence of economic damages, which was a necessary
element of his claims; and (2) Barton’s claims were an attempt to obtain an impermissible double
recovery. The trial court granted the motion for directed verdict on both grounds. Barton appealed.
DISCUSSION
In his brief, Barton presents nine issues challenging various pretrial orders and rulings
made by the trial court. None of the issues presented in Barton’s brief challenge the directed verdict
or the grounds set forth in the motion for directed verdict.
In an appeal from a directed verdict, the appellant has the burden of establishing that the
directed verdict cannot be supported on any of the grounds set forth in the motion for directed
verdict. Davis v. Mazda Motor Corp., No. 04-98-00844-CV, 1999 WL 1037916, at *1 (Tex.
App.—San Antonio Nov. 17, 1999, pet. denied) (not designated for publication) (citing McKelvy
v. Barber, 381 S.W.2d 59, 62 (Tex. 1964)); Perez v. PTF, Inc., No. 05-94-01701-CV, 1995 WL
500302, at *2 (Tex. App.—Dallas August 23, 1995, no writ) (not designated for publication);
Gabriel v. Mendez, 517 S.W.2d 447, 449 (Tex. Civ. App.—San Antonio 1974, writ ref’d n.r.e.).
When an appellant fails to challenge the directed verdict or the grounds set forth in the motion for
directed verdict, any error in the granting of the directed verdict is waived. Davis, 1999 WL
1037916, at *1 (citing Walling v. Metcalfe, 863 S.W.2d 56, 58-59 (Tex. 1993)); Dolenz v. Pulse,
791 S.W.2d 572, 573 (Tex. App.—Dallas 1990, writ dism’d w.o.j.).
Here, Barton had the burden of challenging both of the grounds set forth in the motion for
directed verdict and establishing that the directed verdict could not be supported on either of these
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grounds. Barton has wholly failed to meet this burden on appeal. The trial court’s judgment is
therefore affirmed.
Karen Angelini, Justice
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