Benolken & Everett Benolken & Everett
  513 West Oak
  Denton, TX 76201 
  Telephone 940-483-9400
  Facsimile 940-566-6117

Areas of Practice
Clients Represented

Sample Appellate Cases


Fielding v. Anderson,  911 S.W.2d 858 (Tex. App.--Dallas 1996, writ denied): Successfully represented former Chief Executive Officer of DART, public transit agency, in high profile lawsuit filed by Dallas City Councilman seeking repayment of his severance package upon termination of employment. review court opinion

Anderson v. Eldredge, No. 2-00-138-CV (Court of Appeals, Second District of Texas Fort Worth, June 14, 2001): Successfully represented initial property purchaser (Eldredge) in subdivision against all surrounding landowners who claimed that deed restrictions negatively impacted initial purchaser's property when restrictions had been drawn, but were not on file, at time of purchase.  review court opinion

In the Estate of Doris Rose Preston, Deceased, No. 02-09-00095-CV, No. 02-09-00233-CV (Court of Appeals, Second District of Texas Fort Worth, July 14, 2011): Albeit rare and unusual, the trial court granted "death penalty" sanctions in favor of Ms. Benolken's ward for failure to comply with the court's discovery orders. Providing a detailed recitation of the procedural posture and of Ms. Benolken's persistent and tenacious protection of her ward's position, the appellate court characterized this as an "exceptional case involving protracted misconduct" and found that the challenged death penalty sanctions were "clearly justified".  review court opinion