Lyons & Simmons Wins Take-Nothing Verdict in Texas Commercial Law Dispute

SAN ANTONIO --- Attorneys Robert A. "Bobby" McNiel and Kathleen Kilanowski of the Dallas-based law firm of Lyons & Simmons, LLP, have won a take-nothing verdict in Bexar County District Court for three Florida men who faced damages claims totaling more than $3.4 million as part of a commercial loan dispute.

In the lawsuit, SW Loan A, L.P., an affiliate of Greenwich, Conn.-based private investment firm Starwood Capital Group, alleged that the three men failed to honor their obligations in guaranteeing a $10 million loan secured by a San Antonio apartment complex.

On Dec. 3, a 12-member jury in Judge John D. Gabriel's 131st State District Court in San Antonio returned a unanimous verdict in favor of the Florida men following a relatively short deliberation and awarded the men attorneys' fees.

"The jury heard evidence that challenged whether SW Loan was the lawful holder of the loan, which had allegedly been assigned from the original lender, and that SW Loan failed to sufficiently prove damages based on the loan's terms and conditions," says Mr. McNiel. "This case shows that jurors can properly evaluate even highly detailed financial information and come to the right conclusion based upon the evidence presented."

Mr. McNiel focuses his practice on representing both plaintiffs and defendants in complex commercial litigation, real estate, and construction disputes. He was assisted in the case by Ms. Kilanowski, who represents clients in the same areas.

The case is SW Loan A, L.P. v. Anibal J. Duarte-Viera, et al, No. 2012-CI-12742.

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