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In Texas, these Lemon Law protections are complex and don't kick in right away, so keep very good records of any problems you experience after purchasing or leasing a new car.A vehicle is defined as a lemon in Texas by a few different standards. A jury found that Flume violated disciplinary rules 4.01(a) and the district court imposed sanctions, including a probated public reprimand. In fourteen points of error, Flume argues that (1) the trial court erred in failing to dismiss or abate the action; (2) the trial court improperly excluded video tape evidence of the panel hearing; (3) there is insufficient evidence to support the jury findings; (4) the incorrect burden of proof was submitted to the jury; (5) the trial court erred in imposing sanctions; and (6) the State Bar should not be allowed to receive and prosecute grievances filed by a judge. Factual Background3On October 8, 1991, Greta Ringel retained Eileen Flume to handle her divorce. Only when an order is signed does it become operative. Flume, for her actions in obtaining and enforcing a temporary restraining order (TRO) for a client. It is not our role to act as fact finder, to pass on the credibility of the witnesses, or to substitute our judgment for that of the fact finder below. It is nothing more than that until it is approved by the judge.
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In a nutshell, the Texas Lemon Law (like that in most other states) says that if you bought a new car that has serious flaws covered by the warranty that can't be fixed, you are entitled to either a replacement or a refund from the manufacturer.
However, it can be tricky to qualify for these benefits.
OPINIONThe State Bar of Texas brought a disciplinary proceeding against appellant, Eileen D. When one calls the non-jury setting clerk to get a hearing date, one is only asking for a proposed available date. Attorney's fees were imposed by the court as a sanction and the court heard testimony supporting the necessity and reasonableness of fees during the punishment phase of the trial following the jury's finding of misconduct.
Young, Office of General Counsel, Austin, for appellee. In her fourth and fifth points of error, Flume claims there is no, or alternatively, insufficient evidence she knowingly made a false statement of material fact to a third person because the hearing date on the unsigned order “was a true statement when delivered in good faith and there was no evidence that a change in the date of a hearing is misconduct.” This argument is fundamentally flawed because until the TRO setting a hearing date is actually signed by the judge, there is no operative date for the hearing. The State Bar included a request for costs of court and attorney's fees in the prayer of its first amended original petition.
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Flume's secretary conducted an intake interview which included a tape recording of Ringel's husband making threats. The findings below should be set aside only if the evidence is so weak that the finding is clearly wrong and manifestly unjust. Thus, serving a file-stamped-albeit unsigned-order which contains a hearing date can be misleading to one who is served with legal papers. We do not find the imposition of a mentor to be an abuse of discretion given Flume's consistent failure to communicate clearly, in an accurate and timely manner, to the opposing party and his counsel the status of any proceedings she was instigating on behalf of her client. Flume also argues that the imposition of attorney's fees was improper because the award is not supported by the pleadings and no issue on fees was submitted to the jury. The State Bar Rules authorize an award of attorney's fees in disciplinary actions.