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DogBites2According to Centers for Disease Control, there are approximately 4.5 million dog bites in America each year.  Texas leads the nation in dog related fatalities, according to the most recent study of fatalities from 2005 to 2017, there have been 52 fatalities linked to vicious dog attacks, ranging in ages from 85-years old all the way down to just a two month old baby. In 2016, Texas ranked second overall in dog related fatalities.

The funny thing is that Texas, despite leading the nation in dog attacks and dog related death, does not have a statute that covers civil liability for dog bites.

Say what?

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FORNEY, Texas (via — One person was airlifted from a crash north of Forney on Sunday afternoon.

A single-vehicle crash was reported just after 2 p.m. on Farm-to-Market (FM) 740 north of Travis Ranch Boulevard.

A person was reportedly ejected from the vehicle and a Careflite medical helicopter was dispatched to the scene. FM 740 was briefly closed while emergency personnel worked to airlift the injured person to Parkland Memorial Hospital in Dallas, Texas, in unknown condition.

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traffic-highway-80-300x142Kaufman County is in a weird transitional phase from being a historically rural county with numerous small tightly knit communities to a more commercialized suburban sprawl where the ends of one city meet another.

When many of us originally moved to the area, we did so to “get away” from the sped up lifestyle of the city. However, being good Texans, we embraced the opportunities for economic growth and now Kaufman county is seeing not only incredible growth, but growth that is picking up speed.

Although much of Kaufman county is still rural, with county roads that are lined with small country neighborhoods and small to mid-sized working ranches. However, our cities are becoming bustling centers of commerce and those cities are encroaching on the county roads. Driving down FM 2757, you can see houses over the low rolling hills where Heartland is encroaching on one of the last remaining vestiges of Kaufman county’s relatively untouched beauty. Forney’s population is exploding. Terrell is showing everyone how business and planning for the future is done. Kaufman is growing. Even Crandall and other oft forgotten about areas of our county such as Kemp, Elmo, Warsaw, Talty, all of these areas are seeing growth (the author is from Combine- does anybody remember that Combine is actually a part of Kaufman County?).

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personalinjury3-300x201Which should I buy: higher liability coverage or Uninsured/Uninsured Coverage? During conversations with clients, this is a question that comes up quite often. This especially when the client has significant medical damages that exceed the minimum policy requirements in Texas and we are trying to figure out how to get all of the bills paid.

What is the Minimum Liability Coverage I am Required to Have In Texas?

Under Texas Transportation Code § 601.072(a-1)(1-3), the owner of a vehicle is required to carry at least:

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real-estate-imageSell real estate? Own a title company? Are you an Investor? Well here are two realities to long term real estate work: taxes and lawsuits. So, get to know the two kinds of people who deal with those issues. At Guest and Gray, P.C. we can help you with the lawsuits. We can also help you with document preparation. Document preparation is fundamentally important to a real estate deal. Why? Because good documents will keep you from getting sued, and if you do get sued, good documents will only serve to help you in the lawsuit.
Because of this, I always tell my long term real estate clients that attorneys are a cost of doing business. We just are. Real estate is one of the most highly litigious areas, especially in the hot real estate market in the Dallas, Rockwall and Kaufman county areas (especially Forney, Terrell and Rockwall areas where much of the growth is the housing boom and/or economic boom).
Here are some of the main reasons to use a real estate attorney when you are doing any sort of large real estate deal, residential or commercial:
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handshakeAfter businesses enter into a contract, those entities have certain responsibilities to one another until such a time that the contract has been completed. If one of the parties materially breaches the contract and the other party is harmed by that breach, then the other party is entitled to damages. But how do we measure those damages, i.e., how does the law provide an injured party damages in a contract case?
Plaintiffs in breach of contracts cases can seek several types of damages. These types of damages can be distinguished according to the function that each serves. In general, the types of available damages fall into three categories, known as “benefit of the bargain” (or “expectancy”), “reliance,” and “restitution” damages. It is sometimes said that expectancy damages are the “normal measure” of damages. What this  means is that benefit-of-the-bargain damages is the most commonly sought measure or type of damages. It is does not imply that it is superior to the other measures of damages.
Benefit of the Bargain Damages: A party wishing to be placed in the same economic position that it would have occupied had the contract not been breached will seek expectancy damages as a result. Expectancy damages are tied to the expected benefit the non-breaching party was to receive had the breaching party not breached the contract.
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handshakeNon-Compete Agreements are generally disfavored by the Courts. However, they have been granted protections in Texas under the Texas Non-Compete Act. Although fully recognized in Texas, they must generally be very limited in scope and reasonable under the circumstances.

If you are purchasing a company, one of the most important sections can be the non-compete. If you purchase a business from a seller who is well known in the community without including a non-compete, you may find yourself competing against that seller again in the future if they decide to re-enter the same industry again. The seller and their business has presumably built up goodwill and name recognition. That is probably part of what drew you to want to buy the business in the first place. Now, think of potentially having to compete with that person you just paid to purchase their company and they steal all their business back by coming back into the market shortly after the sale. That would be terrible and that has happened in the past.

The following list identifies common points for buyers and sellers that our firm emphasizes during both the negotiation of a non compete agreement as part of the sale of a business and litigation that may arise out of a non compete agreement after the sale. These are all based on the law in the State of Texas and how these specific points have been treated in the past. We call them “pitfalls”. Don’t fall into one.

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handshakeThe Purchase and Sale Agreement

Purchase and Sale Agreements are required when a person or entity acquires another business or assets of another business. These sorts of documents are common place and if you are in the market to purchase an existing entity with ongoing operations, this is a document that you should become quite familiar with before actually signing on the line. It is also a complex document that should be drafted by an attorney. Many people that I have spoken to over the years have not wanted to hire an attorney because of the additional cost. However, when you are spending hundreds of thousands and even millions of dollars on purchasing a new company or business assets, saving a little bit of money on attorney’s fees is not worth it if you mess the whole thing up and it costs you big time in the future.

Here is a basic run down of a Purchase and Sale Agreement. It is a lot like a Residential Real Estate Contract, but with some additional terms and sections that make it a much more complex document that a Realtor or broker, absent a corresponding law license, should not be drafting from scratch on their own.

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GuestandGrayLogoGuest and Gray Law Firm Provides All Sorts of Legal Services Related to Real Estate Law Issues:

Consultations for residential and commercial real estate issues including review/comment on TREC and TAR earnest money contracts, title commitments, and closing documents. Asset protection review (APR) is also available. Charges apply for consultations and APRs.

Real estate document preparation for Texas residential and commercial transactions including earnest money contracts, warranty deeds, real estate lien notes, deeds of trust, affidavits, leases, lien releases, assignments, options, and affidavits of heirship.

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(via Dallas- Dallas police are investigating a multi-vehicle crash that killed two people Wednesday night in southwest Oak Cliff.

The crash occurred at about 6 p.m. on Loop 12 at the intersection of West Kiest Boulevard.

The collision was between a motorcycle and a sedan. The driver of the motorcycle was identified as 24-year-old Roberto Ceniceros, of Dallas. The sedan was driven by Thell Johnson, 77, of Dallas, according to police. Both men were killed in the crash.