Asset Division

Where Have All the Gunslingers Gone?

June 19, 2016 | The Law Office of Michael F. Pezzulli, PLLC

cowboy hat and gun
by Michael Pezzulli¹

In the United States, one of the great defining aspects of this country is the constitutional right to a jury trial. Nearly all-civil jury trials and ninety percent of criminal jury trials on the planet take place in the United States.²

The most stunning and successful experiment in direct popular sovereignty in all history is the American jury. Properly constrained by its duty to follow the law, the requirement of jury unanimity, and evidentiary rules, the American jury has served the republic well for over two hundred years. It is the New England town meeting writ large. It is as American as rock ‘n’ roll.

Personal Property and Real Estate Foreclosure Laws in Texas

May 16, 1990 | The Law Office of Michael F. Pezzulli, PLLC

man holding house keys
By Michael Pezzulli

Business and Consumer Litigation Practice Skills Course presented to The State Bar of Texas, June 2016

Texas is extraordinarily lender-friendly when compared to other states. The ease with which a lender can gain title to a borrower’s real estate through nonjudicial foreclosure in Texas is unrivaled.

Presenting Evidence in Texas Litigation: Tactical Use of Discovery and Claims of Privilege As a Sword and a Shield

January 1, 1990 | The Law Office of Michael F. Pezzulli, PLLC

holding a burning match next to photograph
By Michael Pezzulli and Charles J. Fortunado

Advanced Evidence and Discovery: Presented to the State Bar of Texas

An uncritical reading of the various opinions dealing with the use of discovery in litigation as “a sword and a shield” might conclude that it cannot be done. Notwithstanding the substantial body of case law to the contrary, discovery and claims of privilege can be used as both a sword and a shield. Indeed, it is often in the client’s best interest to use – or attempt to use – discovery and claims of privilege as both a sword and a shield.

We’ll Know It When We See It: Good Cause for Failure to Supplement Discovery Texas Rules of Civil Procedure

November 9, 1989 | The Law Office of Michael F. Pezzulli, PLLC

pen and paper
By Michael Pezzulli and Charles J. Fortunado

How to admit or exclude evidence in Texas litigation when not disclosed to the client in a timely manner: Advanced Evidence and Discovery Course presented to The State Bar of Texas.

An uncritical reading of the various opinions dealing with the use of discovery in litigation as “a sword and a shield” might conclude that it cannot be done. Notwithstanding the substantial body of case law to the contrary, discovery and claims of privilege can be used as both a sword and a shield. Indeed, it is often in the client’s best interest to use or attempt to use discovery and claims of privilege as both a sword and a shield.

Real Property Deficiency Judgments

April 5, 1989 | The Law Office of Michael F. Pezzulli, PLLC

judge's gavel
by Michael Pezzulli

How to defend against and prosecute foreclosures of real property in the State of Texas: 4th Annual Advanced Creditors’ Rights Course presented to The State Bar of Texas

This paper will address real property foreclosures and deficiencies under Texas law as compared to other states. Mention is made of the developing trends in this area as well as the current rules concerning non-judicial foreclosures and resulting deficiencies. Judicial foreclosures on real property are not discussed inasmuch as few lenders invoke the assistance of the Court when they can recover the property by trustee’s sale on the courthouse steps without so much as filing a petition in court.