Curriculum vitae
Civil trial lawyer, in practice since 2006, in Texas and Colorado — contract, real property, construction, partnership and fiduciary disputes, restaurant and restructuring work, tried and enforced through to collection. Matters below are given with the court and cause number so they can be checked. Where a resolution is subject to a confidentiality provision, that is said and no terms are stated.
Selected matters — 2020 to 2026
In re EEE Development, LLC — involuntary Chapter 11
Built the estate's entire Texas Finance Code ch. 305 usury case out of the original loan contracts alone. Reconstructed 438 obligations across 189 lenders — principal of $121,141,847, advances running from July 2016 against maturities out to 2027 — then computed the usurious excess on every one ($49,537,192.78) and the statutory treble exposure ($148,611,578.34), at effective rates from 11.87% to 36.43% and averaging 22.99%. Issued a notice of default and demand to cure on each, every notice carrying its own limitations date keyed to the four-year statute and to the separate accrual of each monthly receipt, so that no claim was surrendered to the running of time. Obligors include EEE Development, LLC, Greenville Construction, LLC, Texas Accent Homes South, LLC, E Radio Network, LLC and ATGG Management, LLC. Involuntary petition filed 8 May 2026 and an order for relief has since been entered; interest computed through 28 February 2026. The claims are estate assets, administered by the Chapter 11 trustee.
Murphy v. Liberty Hill Construction, LLC and Thomas McGrath
Defense of a homebuilder and its principal. Plaintiffs' motion to compel arbitration denied on a finding that they had waived it by substantially invoking the judicial process. Every piece of their summary judgment evidence stricken — the declarations as unauthenticated hearsay and beyond a homeowner's competence, the late-designated expert under the mandatory exclusion of Rule 193.6. No-evidence summary judgment granted on all causes of action, dismissed with prejudice, and affirmative judgment for the client on its counterclaim of $28,338.90 plus $45,777.31 in fees. When the debtors began dissipating the estate, obtained a turnover order, an injunction and a post-judgment receiver under Tex. Civ. Prac. & Rem. Code § 31.002.
Johnson and Farst v. Carnes
No-evidence and traditional summary judgment granted in its entirety on breach of two hunting leases. The defendant's response exhibits stricken by separate order, leaving her opposition supported by nothing but unsworn argument of counsel; waiver and estoppel dismissed with prejudice as a matter of law. Damages and $19,394.12 in fees. On appeal, No. 13-26-000503-CV.
Condemnation — Buda, Texas
Settlement in condemnation proceedings.
Chen v. Tabers
Appellate matter. Engaged to take the appeal from the judgment; appeal perfected, clerk's and reporter's records filed, and the appeal is pending.
Aramcor, Inc. v. Tri Marsh Retail LLC
Both of the defendant's summary judgment declarations stricken — one for contradicting the defendant's own discovery responses, the other as conclusory. With the record cleared, no-evidence summary judgment granted against accord and satisfaction, failure of consideration, lack of privity and the Statute of Frauds, and traditional summary judgment granted on the contract claim. Judgment of $44,658.57 plus $28,929.12 in fees.
Enterprise Holdings, Inc. v. Veritas Consulting LLC and James Wood
Defense of the individually named defendant. Client dismissed from the suit; judgment ran against the corporate defendant alone.
Lender dispute
Defense of client entity in a lender dispute.
Partnership dispute — Round Rock, Texas
Claims among partners, resolved confidentially.
Medicare fraud allegations
Defense of client entity and individual against Medicare fraud allegations.
Mayne Pharma Commercial, LLC v. Medisol Plus, LLC
Defense of a federal contract action over invoiced pharmaceutical product. Terms are subject to a confidentiality provision and are not stated here.
Salt & Pepper Restaurants, Inc. v. Tight Ends Sports Bar & Grill, LLC and Dungan
Defense. An ex parte pre-judgment writ of garnishment dissolved on a Rule 664a motion and the order directing its issuance vacated, the court finding the application and its declaration failed Tex. Civ. Prac. & Rem. Code § 63.001(2)(B) as to both defendants and § 63.001(2)(A) as to the individual. The plaintiff then lost both of its summary judgment motions — partial summary judgment against the company and traditional summary judgment on the company's counterclaims — each denied by order of 7 February 2023.
Business divorce — family limited partnership and estate
Wind-up of a family limited partnership running alongside a contested estate. Negotiated a global settlement and release resolving both proceedings on the eve of the jury setting, with all claims dismissed with prejudice. Terms confidential.
Dram shop defense
Dismissal of all causes of action against the restaurant on dram shop liability claims.
Restaurant lease disputes — Houston and Dallas
Separate confidential settlements of lease disputes for a Houston-area restaurant chain (2022) and a Dallas-area restaurant chain (2023).
Wealth management dispute
Confidential settlement recovered for the client.
Twisted Root Burger Co. · Truck Yard — Chapter 11 restructuring
Debtor-side Chapter 11 reorganization and sale of a fifteen-location restaurant group for its founder. Representation ran across the operating entities — Twisted Root in Deep Ellum, Richardson, Arlington, Bedford, Carrollton Square, Main Street Coppell, Lewisville Town Square, Lubbock, Mansfield, Roanoke, Tyler, Waco and Abilene, and Truck Yard in Dallas, Houston and The Colony — together with the franchise entity. Negotiated and papered the asset purchase agreements location by location, carried the landlord and lease matters throughout, and saw the group through corporate reorganization and post-confirmation accounting.
Day Star Restaurant Holdings, LLC
Corporate reorganization and asset sale of a nationwide chain of upscale steakhouses.
Earlier representative matters — 2006 to 2017
Prior results depend on the facts of each matter and do not guarantee or predict a similar outcome in any future one. Figures stated for a defence are what the client did not pay. See also the matters with the orders reproduced in full and prior results.
Credentials
Admissions
- State of Texas — Bar No. 24055655, admitted November 2006.
- State of Colorado.
- United States District Courts — Northern, Southern, Eastern and Western Districts of Texas.
- United States Bankruptcy Courts — Northern, Southern, Eastern and Western Districts of Texas.
- Not certified by the Texas Board of Legal Specialization.
Education
- Southern Methodist University, Dedman School of Law — J.D., 2006, summa cum laude, Highest Honors. Order of the Coif. SMU Law Review. Journal of Air Law & Commerce.
- Southern Methodist University, Cox School of Business — M.B.A., 2006.
- The University of Texas at Austin — B.A., History and Political Science, 2003.
Experience
- John Henry & Associates, PLLC — principal, 2007 to present, Round Rock. Formerly Law Offices of John Henry, P.C. (Dallas, Austin, Houston).
- Law Offices of Stephen F. Malouf, P.C. — associate, 2005 to 2007, Dallas.
Contact
407 W Liberty Ave, Round Rock, TX 78664
jhenry@jhenrylaw.com ·
(214) 673-1960