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David Jefrie Mizgala

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Overview

David specializes in complex commercial litigation and all types of appellate matters for a wide range of corporate and individual clients. He maintains dual state and federal court practices with a shared focus on trial and appellate matters. David is regularly in court and has served as lead counsel in numerous trial court and appellate court proceedings.

After graduating from law school, he accepted and completed two judicial clerkships, the first for the Honorable Jan P. Patterson of the Third Court of Appeals of Texas; the second for the Honorable Wallace B. Jefferson of the Supreme Court of Texas.

David's representative engagements include:

  • Representation of a large energy corporation, including successful appeal of denial of special appearance, resulting in remand and dismissal of underlying suit by local taxing authorities seeking to create tort liability in ad valorem tax case (In re ExxonMobil Corp., 153 S.W.3d 605, Tex. App. — Amarillo 2004, orig. proceeding).
  • Representation of a financial lending company, including successful defense of dismissal judgment in a case alleging usurious interest arising from contractual “lockout fee” (Achee Holdings, L.L.C. v. Silver Hill Financial LLC, No. 09-40232), 2009 WL 2610797 (5th Cir. 2009).
  • Representation of a construction contractor, including successful appeal of an arbitration award, resulting in vacatur of award against limited liability partnership’s principal in his individual capacity (Roe v. Metro Townhomes & Homes, L.L.P. and Blane Ladymon, 191st District Court, Dallas County, Texas) (final judgment entered February 29, 2008; appeal pending).
  • Representation of an insurance company, including successful prosecution of case-dispositive summary judgment motion against title agent for breach of issuing agency contract (Chicago Title Insurance Co. v. Residential Title Services, Inc. d/b/a Vanguard Title Company of Texas, 61st District Court, Dallas County, Texas) (final judgment entered June 1, 2009).

Memberships & Affiliations

  • American Bar Association
  • Austin Young Lawyers Association
  • Dallas Association of Young Lawyers
  • Dallas Bar Association, Appellate Law, Business Litigation and Trial Skills Sections
  • Federal Bar Association
  • Muscular Dystrophy Association
  • State Bar of Texas, Appellate and Litigation Sections
  • The College of the State Bar of Texas
  • Volunteer Legal Services

Awards & Honors

  • AV® Preeminent™ Peer Review Rated, Martindale-Hubbell
  • Rising Stars, Thomson Reuters, 2010-2011

Admissions

  • Texas
  • United States Courts of Appeals for the Fifth and Eleventh Circuits
  • United States District Courts for the Eastern, Northern, Southern and Western Districts of Texas
  • Various Federal Courts throughout the Country