Tuesday, July 24, 2018


The clock has ticked and the case will now proceed to trial.  To do the type discovery needed to uncover the truth is at least $50,000.  There are numerous depositions needed.  They do not have it.  Given this basic reality I am at a loss for why they are taking this approach.

They can still take an Interlocutory Appeal.  They can still file an Application for Stay Pending the Appeal.  They will not.  My personal view is since they are not going to take an Interlocutory Appeal they should non-suit the matter and allow Mike Gonzales to effectively take control of the GBIC.  

Laches is an equity concept which basically says if you wait too long to fix the problem you may not proceed.  "An action taken by a governmental body in violation of this chapter is voidable."  § 551.141.  Tex. Gov’t Code.  The law has distinguished from that which is void or voidable.

Laches does not apply to a void order.  Laches does apply to a voidable order.

What is happening is by not taking the immediate appeal GBIC and the COB are being exposed to possible costly litigation based on what could be found to be illegal acts by Mario Lozoya.  This will be enough for a court to find laches applies.  Restated, GBIC can legitimately argue by Galonsky not pursing the immediate appeal or appeal to Judge Uresti that the GBIC was left in limbo and potentially exposed to major litigation.

Galonsky's lawyers are choosing to not pursue the remedies designed to bring a case like this to an immediate end.  

My view is it is over.  The "War and Peace" approach never works.  These type cases always have to be done in the format of "Cannery Row."  Galonsky either has to find the money to hire a high profile well known TOMA lawyer to pursue the appeal or drop the case.  The approach being taken will only leave her to be held in a bad light.  

Loyalty means nothing in this town. Mayor Tony Martinez has thrown Nurith Galonsky under the bus by not calling the emergency special meeting to end this.  Abraham Galonsky fails to see how he and his daughter are nothing more than tools to be used by Tony Martinez.

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