Byron Henry is a Senior Shareholder in the Appellate Law section of Cowles & Thompson, with his practice principally focusing on the areas of business litigation and civil appeals.

Byron Henry is a Senior Attorney 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, Federal Bar Association, 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.

Education:

J.D., cum laude Texas Wesleyan University School of Law, 1997
B.S., Howard Payne University, 1994

Admissions:

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:

Member, State Bar of Texas
Member, Dallas Bar Association (Judiciary and Fee Dispute Committees)
Collin County Bar Association (Appellate Section -- Chair, 2008)
College of the State Bar of Texas
Federal Bar Association
Bar Association of the Fifth Federal Circuit

Representative Matters:

On December 16, 2009, The Court of Appeals, Fifth District of Texas at Dallas, denied the Dallas Central Appraisal District's Motion for Rehearing. On the Court's own motion, it withdrew its opinion of July 15, 2009, vacated its judgment of that date and issued a new opinion on DCAD's Motion for Rehearing. The Court of Appeals affirmed an unanimous jury verdict against DCAD that reversed its denial of an ad valorem tax exemption filed by the Firm's non-profit charitable organization, a veteran's organization. The jury found the non-profit charitable organization had an "incomplete improvement" that was under "physical preparation" as defined in the Texas Tax Code. Richard Barrett-Cuetara and Byron K. Henry filed the Appellee's Response to DCAD's Motion for Rehearing. Richard Barrett-Cuetara was lead trial counsel in the unanimous jury verdict.
On March 27, 2009, Byron Henry, along with Richard Barrett Cuetara, Steven Moses, and Mark Hill tried a jury case and obtained a six figure jury verdict along with an award of attorneys’ fees and costs on behalf of its client. The litigation involved enforcement of two post-separation agreements (Separation, Release and Restructuring Agreement and Contribution and Indemnification Agreement) that related to the division of commercial shopping centers, the transfer of general partner interests, and liability of the managing general partner for committing “Bad Boy Guarantor” acts under the Indemnification Agreement. The Defendant was found liable for not indemnifying and reimbursing the Plaintiff for payment of ad valorem taxes to the lender.

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.

Vacated judgment in excess of $2 million 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 for conversion.

Successfully defended summary judgment in favor of client in breach of contract case by arguing plaintiff could not recover attorney’s fees as damages.

Obtained reversal of judgment after jury trial and rendition of judgment for client by arguing unidentified witness should have been excluded.

Obtained reversal of judgment after jury trial and rendition of judgment for client by arguing plaintiff’s civil theft claim was preempted by federal law.

Successfully defended judgment in favor of client for fraud and punitive damages regarding unpaid sales commissions.

Obtained reversal of judgment for client by restricted appeal for insufficient evidence on plaintiff’s conversion claim.

Successfully defended take-nothing judgment in favor of client holding that provisions of the Texas Transportation Code are preempted by federal law.

Obtained summary judgment for client in a health care liability claim on plaintiff’s claims under the Emergency Medical Treatment and Active Labor Act.

Obtained dismissal and attorney’s fees for client in a health care liability claim for failure to file an adequate expert report.

News:

01-01-2010: Congratulations to Byron Henry, new Shareholder
10-17-2008: Appellate Practice Group led by Mike Notrhrup creates a blog
01-04-2008: Cowles & Thompson Welcomes New Appellate Attorney, Byron Henry

Publications:

07-08-2008: Civil Opinion Summaries -- March 2008

Byron K. HenrySenior Shareholder

Education:

Admissions:

Memberships & Affiliations:

Byron K. Henry
Senior Shareholder