Byron Henry is a Shareholder in the Appellate Law Section of Cowles & Thompson. Byron is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization. He is a member of the State Bar College, Dallas Bar Association, Collin County Bar Association President, and Bar Association of the Fifth Federal Circuit. Byron serves on the Judiciary and Fee Dispute Committees of the Dallas Bar Association. Byron is active in the appellate sections of the State Bar of Texas and Dallas Bar Association and is currently the Chair of the Appellate Section of the Collin County Bar Association. Byron also serves on a panel of attorneys charged with summarizing the opinions of the Fifth District Court of Appeals on a weekly basis. Byron is licensed to practice in Texas state courts as well as the United States District Courts for Northern and Eastern Districts of Texas, the United States Court of Appeals for the Fifth Circuit, and the Supreme Court of the United States.
Byron was born in Fort Worth, Texas in 1970. A fourth generation Texan, Byron attended private school in Fort Worth until he moved to Goldthwaite, Texas. After winning the 1985 State Class A Football Championship, and graduating from Goldthwaite High School at age sixteen, Byron attended Howard Payne University in Brownwood, Texas where he was a President's Scholarship recipient as well as member of the varsity tennis team. He was also a member of the Douglas MacArthur Academy of Freedom Interdisciplinary Honors Program and a Hatton W. Sumners Scholar. Byron graduated from Howard Payne University with a Bachelor of Science degree in political science and history.
After graduating from Howard Payne, Byron moved back to the metroplex and enrolled in Texas Wesleyan University School of Law where he was citation editor of the law review and had his comment published in the Texas Wesleyan Law Review. Byron graduated cum laude from Texas Wesleyan in the top ten percent of his class and began his legal career with Ross & Matthews in Fort Worth. In 1999, Byron became an associate with James Mosser in his law practice that became Mosser Mallers PLLC in 2002. Since 1999, Byron has practiced in the areas of business litigation and civil appeals. He has filed papers and briefs in numerous state and federal trial and appellate courts including the Supreme Court of the United States, Supreme Court of Texas, the Fifth and Sixth Circuits, and successfully argued cases in the Fort Worth and Dallas Courts of Appeal.
Byron lives in Prosper, Texas with his wife, Mari, and daughter, Madeline. He is an active member of Prestonwood Baptist Church and in his spare time enjoys tennis, golf, flag football, discussing case law with fellow appellate lawyers, and serving as a moot court consultant and judge.
J.D., cum laude Texas Wesleyan University School of Law, 1997
B.S., Howard Payne University, 1994
State Bar of Texas, 1998
U.S. Supreme Court
U.S. Court of Appeals for the Fifth Circuit
U.S. District Court, Northern District of Texas
U.S. District Court, Eastern District of Texas
Memberships & Affiliations:
State Bar of Texas Appellate Section
Dallas Bar Association (Judiciary and Fee Dispute Committees)
Dallas Bar Association Appellate Section (Chair 2013)
College of the State Bar of Texas
Collin County Bar Association (President 2013)
Collin County Bar Association Appellate Section (Chair 2007-2011)
Successfully obtained reversal and rendition of judgment for client by arguing on appeal that there was legally insufficient to support the jury’s verdict against our client for negligence and fraud.
Successfully obtained reversal and rendition of judgment for client by arguing on appeal that there was legally insufficient evidence to support the trial court’s judgment against our client for alleged violation of the DTPA for installing defective residential roofs.
Successfully defended trial court’s judgment in favor of client by arguing on appeal that our client’s property was not a residential hotel for purposes zoning ordinances.
Successfully defended a property management company in a case involving premises liability by obtaining affirmance of a take-nothing summary judgment in favor of his client.
Successfully obtained reversal and rendition of judgment for client by arguing on appeal that trial court lacked personal jurisdiction over our client.
Successfully defended judgment after jury trial that client was entitled to property tax exemption as a charitable organization for an “incomplete improvement.”
Successfully defended trial court’s finding that immunity was waived for plaintiff’s declaratory judgment and takings claims against in case involving a city’s seizure and disposal of alleged stolen vehicles.
Successfully defended summary judgment for client in breach of contract case regarding sale of apartment complex.
Successfully vacated judgment in excess of $2 million against and obtained dismissal of the case by successfully arguing plaintiff lacked standing as an unadmitted assignee of a limited partnership interest.
Successfully defended summary judgment in favor of client in breach of contract case by arguing plaintiff could not recover attorney’s fees as damages.
Successfully obtained reversal and rendition of judgment for client by arguing on appeal that unidentified witness should have been excluded.
Successfully obtained reversal and rendition of judgment for client after jury trial by arguing on appeal that plaintiff’s civil theft claim was preempted by federal law.
Successfully defended judgment in favor of client by arguing on appeal that evidence regarding unpaid sales commissions was sufficient to support judgment or fraud and punitive damages.
Successfully obtained reversal of judgment for client by restricted appeal by arguing on appeal that evidence was insufficient to support plaintiff’s conversion claim.
Successfully defended take-nothing judgment in favor of client by arguing on appeal that provisions of the Texas Transportation Code are preempted by federal law.