Craig, Terrill, Hale, & Grantham, L.L.P

1500 Broadway, Suite 400 (79401)
PO Box 1979
Lubbock, Texas 79408-1979
Phone: (806) 744-3232
Fax: (806) 744-2211
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GARY BELLAIR, an AV® Peer Review Rated * lawyer, is a graduate of St. Johns University (B.S.) and Texas Tech University (MBA & JD). Bellair’s first appeal, Avmanco, Inc. v. City of Grand Prairie, 835 S.W.2d 160 (Tex. App.–Fort Worth 1992, pet. dism’d), was, until recently, one of note. The appeal resulted in a victory snatched from the jaws of defeat. Avamanco, 835 S.W.2d at 165 (holding, inter alia, the city had no immunity from suit because its charter provided that the city “may sue and be sued” and section 51.075 of the Local Government Code provided that municipalities may “plead and be impleaded”). But the victory lost some of its luster when a majority of the supreme court jettisoned “established law” without “a compelling reason,” Tooke v. City of Mexia, 197 S.W.3d 325, 356 (Tex. 2006) (O’Neill, J., dissenting), by holding that the words “sue and be sued” and “plead and be impleaded” are, standing alone, neither clear nor unambiguous waivers of a sovereign’s immunity from suit, id. at 342.

Bellair, who principally practices civil trial and appellate law, is board certified by the Texas Board of Legal Specialization in the field of civil appellate law. Bellair also is a Fellow of the Texas Bar Foundation, a member of the State Bar College, the Lubbock County and American Bar Associations, the State Bar of Texas, and the Municipal Judge for Ransom Canyon, Texas.

AREAS OF PRACTICE

• Civil Appeals
• Civil Litigation
• Mediation
• Arbitration

CERTIFICATION/SPECIALTIES

• Civil Appellate Law, Texas Board of Legal Specialization (1996-Present)

BAR ADMISSIONS

• U.S. Supreme Court (1996)
• Texas (1991)
• U.S. Court of Appeals 5th Circuit (1992)
• U.S. District Court Northern District of Texas (1992)
• U.S. District Court Eastern District of Texas (1998)
• U.S. District Court Southern District of Texas (1998)

EDUCATION

•        Texas Tech University School of Law, Lubbock, TX, JD (1991)
•        Texas Tech University Graduate School, Lubbock, TX, MBA (1983)
  
•        St. John’s University, Collegeville, MN, B.S. (1975)

REPRESENTATIVE CASES:

Oscar Renda Contr., Inc. v. City of Lubbock, 463 F.3d 378 (5th Cir. 2006) (affirming, in part, and reversing, in part, an order granting Lubbock’s motion requesting a dismissal of the contractor’s suit for failing to state a claim under Fed. R. Civ. P. 12(b)(6)), cert. denied, 167 L.Ed.2d 764 (2007). Click here for court opinion.

Smith v. Livingston Hearing Aid Ctr., Inc., Cause 07-06-0204-CV, 2006 Tex. App. LEXIS 8231 (Tex. App.–Amarillo 2006, orig. proceeding) (mem. op.) (holding the trial court did not abuse its discretion in rendering the temporary injunction that prohibited Livingston’s former employee from working for another similar business). Click here for court opinion.

West Tex. Positron, Ltd. v. Cahill, Cause 07-05-0297-CV, 2005 Tex. App. LEXIS 10645 (Tex. App.–Amarillo 2005, orig. proceeding) (mem. op.) (rejecting challenges upon an order that denied the enforcement of an arbitration clause because acts of the partnership, which were inconsistent with its right to arbitration, prejudiced Cahill). Click here for court opinion.

Chi Energy, Inc. v. Urias, 156 S.W.3d 873 (Tex. App.–El Paso 2005, pet. denied) (reversing a 7-figure judgment against Chi for want of the evidence satisfying the requirements of Chapter 95 of the Texas Civil Practice & Remedies Code). Click here for court opinion.

Bryant v. Roblee, 153 S.W.3d 626 (Tex. App.–Amarillo 2004, no pet.) (affirming the special appearance of First Republic Bank, who successfully negated the jurisdictional bases alleged by the plaintiff). Click here for court opinion.

Dowdy v. Miller, 122 S.W.3d 816 (Tex. App.–Amarillo 2003, orig. proceeding) (reversing the order that denied the special appearance by an officer of the corporate defendant). Click here for court opinion.

Daniel v. Webb, 110 S.W.3d 708 (Tex. App.–Amarillo 2003, pet. denied) (affirming the take-nothing judgment rendered in favor of Webb, whose relationship with her grandfather did not give rise to a duty to control her grandfather’s driving). Click here for court opinion.

Primrose Operating Co. v. Jones, 102 S.W.3d 188 (Tex. App.–Amarillo 2003, pet. denied) (reversing a 7-figure judgment against Primrose because the plaintiff’s failure to establish the operator's right of control of the work performed by his employer was fatal to his claim that the operator owed him a duty). Click here for court opinion.

In re L.L., 65 S.W.3d 194 (Tex. App.–Amarillo 2001, pet. dism’d) (reversing the order terminating parent-child relationship between a mother and her four children). Click here for court opinion.

Robbins v. Payne, 55 S.W.3d 740 (Tex. App.–Amarillo 2001, pet. denied) (affirming the JNOV rendered against a technician who alleged various and sundry theories for recovering an interest in the start-up business financed by Payne). Click here for court opinion.

HONORS AND AWARDS

•        AV® Peer Review Rated *
•        John Crews Pro Bono Lawyer of the Year, Lubbock County Bar Association (1996)
•        Arbitrator of the Year, Better Business Bureau of the South Plains (1987)
•        Life Fellow, Texas Bar Foundation

PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS

• State Bar of Texas, Member (1991-Present), Appellate Section (1998-Present), ADR Section (2001-Present)
• College of the State Bar of Texas, Member (2001-Present)
• Judge, Ransom Canyon Municipal Court (2005-Present)
• Texas Municipal Courts Association, Member (2005-Present)
• Civil Appellate Law Advisory Commission, Member (1999-2004)
• Lubbock County Bar Association, Director (2006-Present) and Member (1991-Present)
• American Bar Association, Member (1991-Present), Litigation Section (2005-Present), and Judicial Division - Council of Appellate Lawyers (2003-Present)
• Adjunct Professor of Law, Texas Tech University (2000)
• Better Business Bureau of the South Plains, Inc., Arbitrator (1986 – Present)
• Lubbock Big Brothers Big Sisters, President (2003-04), Director (2000-05)
• Lubbock Community Theatre, President (1998-2000), Director (1995-2000)
• Lubbock Transit Advisory Board, Chair (1991-95), Member (1986-95)
• Goals for Lubbock, Member (1994-95)

ACTIVITIES

• West Texas Legal Services/ PAI - Volunteer (1991-Present)
• Author/Speaker for —
  • the Seventh Court of Appeals:
    • Nuts & Bolts (2007): Standards of Appellate Conduct, and Oral Argument Technique
  • the State Bar of Texas PDP:
    • West Texas General Practice Symposium - Supreme Court Update (2008)
    • State Bar College Summer School - Supreme Court Update (2006 & 2007)
    • State Bar College Summer School - Appellate Tips (2007)
    • State Bar College Summer School - Evidence Update (2005)
  • HalfMoon LLC:
    • Basics of Legal Assisting in Texas: Legal Writing for Legal Assistants (2003)