Victory on Appeal Arising After Wayne Newton Project

  • August 21, 2018

On August 7, 2018, the Firm’s clients prevailed in an appeal in the Dallas Court of Appeals regarding the case Steven Kennedy v. Lacy Harber & Dorothy Harber. The controversy began with a Las Vegas real estate development in an effort to create a musical theme park that highlighted singer Wayne Newton. Unfortunately, the project was unsuccessful, and litigation ensued, with the operating company behind the project filing for bankruptcy protection. That litigation culminated in a settlement approved by the bankruptcy court.

After the bankruptcy settlement, one of the parties, a construction builder, brought this lawsuit in Texas, alleging that there was an oral side deal in which he would receive an additional $2 million. The Texas trial judge rejected that claim, and the Dallas Court of Appeals affirmed. According to the appellate court, “the Settlement Agreement was intended to release—and did release—all existing claims.”

Beck Redden partner David M. Gunn presented oral argument on behalf of the prevailing parties, after working on the briefing in collaboration with his colleagues Erin H. Huber, Jim Taylor, and Nicholas M. Bruno. Co-counsel on the appeal was Mike Wynne, of Wynne & Smith, who obtained the summary judgment from the trial judge.

To read the full opinion, click here.