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  1. Aug 1, 2016 · Mr. Richard M. Hewitt. Deceased. Bar Card Number: 09560000. TX License Date: 09/17/1963. Primary Practice Location: Trophy Club , Texas. Practice Areas: Oil, Gas and Energy Resources. Statutory Profile Last Certified On: 08/01/2016. Practice information. Firm: None Reported By Attorney. Firm Size: Solo. Occupation: Retired.

    • Opinion by Justice Fillmore.
    • Background
    • Appellees' Hearsay Objections to Appellants' Summary Judgment Evidence
    • Summary Judgment Standard of Review
    • Analysis of Appellants' Issues on Appeal
    • Affirmative Defense of Impracticability Or Impossibility of Performance
    • Affirmative Defense of Excused Performance
    • Conclusion

    Appellants Richard M. Hewitt (Hewitt) and Richard M. Hewitt, P.C. (Hewitt P.C.) appeal the trial court's summary judgment in favor of appellees Ronald D. Biscaro, Uriel Osorio, James A. Charrette, Cocoa Beach Holdings Inc., LLC, Judy Nichols, Michael Snow, Donna Jonas, and Bank of America, N.A., Executor of the Estate of Franklin H. Cole, on their ...

    Appellees, investors in oil and gas drilling projects organized and sponsored by certain defendants, sued appellants and other defendants for various claims, including violations of the Texas Securities Act. See Tex.Rev.Civ. Stat. Ann.. art. 581–1 (West 2010). Appellant Hewitt was allegedly liable to appellees as a “control person” and appellants w...

    In response to appellees' motion for summary judgment, appellants relied upon Hewitt's affidavit. Appellees raised hearsay objections to paragraphs 4, 5, and 6 of the affidavit. Appellees objected that Hewitt's affidavit offered the following out-of-court statements of representatives of the SEC for the truth of the matters asserted: the SEC was aw...

    The standard of review for a traditional summary judgment is well known. See Tex.R. Civ. P. 166a(c); Nixon v. Mr. Prop. Mgmt. Co., 690 S.W.2d 546, 548 (Tex.1985). A traditional summary judgment is reviewed de novo to determine whether a party's right to prevail is established as a matter of law. Caldwell v. Curioni, 125 S.W.3d 784, 789 (Tex.App.-Da...

    In two issues, appellants contend (1) the trial court erred in granting appellees' motion for summary judgment and (2) appellants raised a material issue of fact precluding summary judgment. It is uncontroverted that the settlement agreement is valid and binding and that appellants failed to meet obligations to make payments to appellees under the ...

    Appellants asserted the affirmative defense of impracticability or impossibility of performance, contending they “have been prohibited from tendering any funds to the [appellees] by the SEC.” Appellants also asserted appellees' cause of action for breach of the settlement agreement was barred because “compliance with the agreement would violate fed...

    Appellants contend they were excused from performance of their payment obligations under the settlement agreement because appellees breached the confidentiality provision of the settlement agreement. Appellants contend that appellees' attachment of the settlement agreement to their motion for summary judgment filed in the public records of this cas...

    We conclude the trial court properly granted summary judgment in favor of appellees, and we affirm the trial court's judgment.

  2. Richard Merrill Hewitt, 85, of Huntsville, Texas, passed away on May 15, 2023, peacefully at his home. He was born July 11, 1937, in Jackson, Michigan, to Merrill J. and Hope (Dorman) Hewitt. The family moved to Omaha, NE, where his father was a newspaper editor who also ran political campaigns.

  3. Lawyers. Photos & videos. Add photo. Location & Hours. Suggest an edit. 300 Trophy Club Dr. Ste 700. Roanoke, TX 76262. Get directions. Hewitt Richard M PC in Roanoke, reviews by real people. Yelp is a fun and easy way to find, recommend and talk about what’s great and not so great in Roanoke and beyond.

    • 300 Trophy Club Dr Ste 700 Roanoke, TX 76262
  4. Richard M. Hewitt Pc is the primary contact at International Royalty & Oil Co. International Royalty & Oil Co generates approximately USD 290,000 in revenue annually, and employs around 3 people at this location.

  5. FREE detailed reports on 8 Oil & Gas Attorneys in Trophy Club, Texas. Find 9 reviews, disciplinary sanctions, and peer endorsements.

  6. Law Office of Richard M Hewitt 300 Trophy Club Dr Suite 700 Trophy Club, TX 76262 Phone: +1 817 490 9100 Fax: + 817 490 9400. Analytics. Cases by Outcome. Cases by Type. Recent Activity. Familiar Faces

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