Kelly Putney Rogers
Position:
Senior PartnerE-Mail:
kelly@retexlaw.comTel: P: (888) 315-2609
Kelly Putney Rogers is a former court of appeals staff attorney with more than two decades of experience representing clients in a variety of civil claims. Her expertise includes cases involving real estate disputes, probate matters, partnership disputes, family law, serious personal injuries and fiduciary litigation.
Ms. Rogers is regularly called on to represent individuals and businesses, assisting trial counsel in state and federal trial courts and courts of appeal, in addition to private arbitrations and mediations. Her track record includes work in:
- Civil Appeals
- Business Litigation
- Civil Litigation
- Probate and Guardianship Matters
- Real Estate Litigation
She is widely known for helping clients resolve their most important legal issues while keeping a close eye on the bottom line. In addition to managing the firm’s appellate caseload, Ms. Rogers also authors appellate briefs and petitions for writ of mandamus, as well as jury charges, motions for summary judgment, and other trial briefing.
Ms. Rogers began her legal career as a clerk for Chief Justice Alma Lopez in the Fourth Court of Appeals in San Antonio, and then served as a staff attorney for Justice Karen Angelini of the same court. There, Ms. Rogers assisted in drafting numerous opinions in many areas of the law and advising the justices concerning applicable law.
Court Admissions
- Texas Supreme Court
- Texas Courts of Appeal
- Texas Trial Courts
Education
- Juris Doctor, University of Houston Law Center (1993)
- Articles Editor – Houston Journal of International Law
Prior Positions
- The Nunley Firm, PLLC, Boerne, 2001-2013
- Texas Court of Appeals, Fourth District, 2000-2001
- Edwards, Terry, Baiamonte & Edwards, 1994-1996
- Texas Court of Appeals, Fourth District, 1993-1994
Professional Affiliations
- State Bar of Texas
- Kendall County Bar Association
Publications/Presentations
- Malpractice—Tips from the Trenches, Annual Advanced Real Estate Law Course
- A Roadmap to Partition, Annual Advanced Real Estate Law Course
- Pleadings, Pre-trial Procedures and Dispositive Motions, Trial of a Fiduciary Litigation Case
- Pleadings and Pre-trial Procedures, Fiduciary Litigation Trial Notebook
- Pleadings and Pre-trial Procedures, State Bar College Spring Training: Litigation Strategies
- Pleadings and Pre-trial Procedures, Advanced Trial Strategies
Representative Appeals
Read more Ahrens v. Parker, No. 01-17-00833 (case settled after briefing in First Court of Appeals). Briefed complex jury charge issues regarding premises liability and negligent activity claims against homeowners. Lance v. Robinson, 2018 Tex. LEXIS 246 (March 23, 2018). Waterfront property owners may use the Declaratory Judgments Act to protect appurtenant easement rights in the beachfront from exclusion by the holder of a fraudulent deed. Evidence admitted as exhibits in prior hearing need not be physically attached to summary judgment motion based on that evidence. See also Robinson v. Lance, No. 04-12-00754-CV (Tex. App.—San Antonio March 6, 2013) (interlocutory appeal—party granted temporary injunction sufficiently established ownership of express easement in waterfront property). Spencer v. Overpeck, No. 04-16-00565-CV, 2017 Tex. App. LEXIS 2223 (Tex. App.—San Antonio 2017, pet. denied). Defeated Anti-SLAPP motion to dismiss claims of defamation and intentional infliction of emotional distress. In re HEB Grocery Co., LP, 2015 Tex. App. LEXIS 11333 (Tex. App.—San Antonio 2015) (mandamus). Defeated corporate defendant’s attempt to compel discovery of plaintiff’s medical records. Alvarado v. Abijah Group, Inc., 2015 Tex. App. LEXIS 7772 (Tex. App.—Austin 2015, no pet.). Summary judgment in favor of surveyor upheld based on statute of limitations and inapplicability of discovery rule and fraudulent concealment doctrine. Old Tin Roof Steakhouse, LLC v. Haskett, 2013 Tex. App. LEXIS 2874 (Tex. App.—San Antonio 2013, no pet.). Tenant not entitled to exercise right-of-first-refusal to purchase landlord’s property because the property description did not satisfy statute of frauds. The trial judge did not err in refusing to recuse himself based on ownership of title company. Cullum v. Diamond A Hunting, Inc., 484 F. App’x 1000 (5th Cir. 2012). Defended ranch owner in photographer’s claims under the Copyright Act; limited photographer’s damages to $950. Cullum v. White, 399 S.W.3d 173 (Tex. App.—San Antonio 2011, pet. denied). Mental anguish damages awarded to ranch owner for defamation based on photographer’s malicious web reviews. Superior Energy Servs. v. Sonic Petroleum Servs., Ltd., 328 S.W.3d 623 (Tex. App.—Eastland 2010, no pet.). Texas had both general and specific jurisdiction over Louisiana corporation and its subsidiary based on Texas contacts and parent corporation’s public representations that it and its subsidiaries were part of an integrated whole, as opposed to separate companies. In re International Profit Associates (Riddell Plumbing, Inc.), 286 S.W.3d 921 (Tex. 2009) (mandamus granted). Claims dismissed based on forum selection clause in consulting contracts; no evidence of fraud in the inducement. In re International Profit Associates (Tropicpak, Inc.), 274 S.W.3d 672 (Tex. 2009) (mandamus granted). Claims dismissed based on forum selection clause in consulting contracts; no laches or waiver of rights due to delay in seeking relief, and no ambiguity in contract language. Collins & Aikman Floorcoverings, Inc. v. Thomason, 256 S.W.3d 402 (Tex. App.—San Antonio 2008, pet. denied). Defended $1M jury verdict for plaintiff for quantum meruit/unjust enrichment. Berg v. Berg, 2008 Tex. App. LEXIS 2108 (Tex. App.—San Antonio 2008, no pet.). Res judicata precluded claims based on violation of divorce decree; sanctions upheld based on court’s inherent power to sanction. Solgas Energy Ltd. v. Global Steel Holdings Ltd., 2007 Tex. App. LEXIS 5164 (Tex. App.—San Antonio 2007, no pet.). Texas trial court lacked personal jurisdiction over nonresident subcontractor because the parties’ communication and contract to be performed in Nigeria did not satisfy minimum contact requirements. In re Argyll Equities, LLC, 227 S.W.3d 268 (Tex. App—San Antonio 2007) (mandamus granted). Plaintiff failed to prove entitlement to writ of prejudgment attachment of corporate property. In re Narvaiz, 193 S.W.3d 695 (Tex. App.—Beaumont 2006) (mandamus granted). Won mandamus compelling court to transfer venue of child custody proceeding to county where mother resided. In re Oestreich, 219 S.W.3d 81 (Tex. App.—San Antonio 2006) (mandamus granted). Invalidated district court order retaining jurisdiction over guardianship proceeding despite request for statutory probate judge. Colvin v. Rickert, 2006 Tex. App. LEXIS 1012 (Tex. App.—San Antonio 2006, pet. denied). Defeated claim for right to use roadway/driveway easement. San Antonio Masonry & Tool Supply, Inc. v. Epstein & Sons Int’l, Inc. 281 S.W.3d 441 (Tex. App.—San Antonio 2005, no pet.). Obtained reversal of summary judgment on supplier’s action to foreclose on a mechanic’s lien. Cordillera Ranch, Ltd. v. Kendall County Appraisal District, 136 S.W.3d 239 (Tex. App.—San Antonio 2004, no pet.). A subdivision is not entitled to claim a wildlife management exemption; each individual lot must independently qualify for the lot owner to obtain an agricultural use exemption for property taxes. Thomason v. Collins & Aikman Floorcoverings, Inc., 2004 Tex. App. LEXIS 2823 (Tex. App.—San Antonio 2004, pet. denied). Obtained reversal of summary judgment and remand for jury trial for plaintiff on quantum meruit/unjust enrichment and breach of agency relationship claims. Morris v. Powell, 150 S.W.3d 212 (Tex. App.—San Antonio 2004, no pet.). Defeated out-of-state veterinarian’s motion to dismiss for lack of personal jurisdiction in case involving goat embryo transplants in Texas. West v. Taylor, 2004 Tex. App. LEXIS 10728 (Tex. App.—San Antonio 2004, no pet.). Where decedent lived in the county where an automobile accident occurred, venue not proper in different county based only on the fact that the executor of the estate lived there. Hentnik v. Hentnik, 2004 Tex. App. LEXIS 6016 (Tex. App.—San Antonio 2004, pet. denied). In divorce, husband waived right to new trial. Kendall Appraisal Dist. v. Cordillera Ranch, Ltd., 2003 Tex. App. LEXIS 6293 (Tex. App.—San Antonio 2004, no pet.). Trial court abused discretion issuing temporary injunction in tax appraisal dispute. City of Fredericksburg v. Bopp, 126 S.W.3d 218 (Tex. App.—San Antonio 2003, no pet.). Defended small business owner when city first issued, then tried to revoke, permit for signs; the city was equitably estopped from enforcing the sign ordinance. Moudy v. Manning, 82 S.W.3d 726 (Tex. App.—San Antonio 2002, pet. denied). Property description in earnest money contract violated statute of frauds, buyer was not entitled to specific performance. In the Estate of McFatter, 94 S.W.3d 729 (Tex. App.—San Antonio 2002, no pet.). Joint will was not a contractual will because it did not contain a secondary dispositive provision and devised entire estate to surviving spouse “absolutely.” Monreal v. Hildebrand, 2002 Tex. App. LEXIS 2011 Tex. App.—San Antonio 2002, pet. denied). 1985 stock law imposing duty on landowners to contain livestock was void due to improper notice of election; thus, rancher had no duty to driver injured by hitting rancher’s cow. Blackthorne v. Bellush, 61 S.W.3d 439 (Tex. App.—San Antonio 2001, no pet.). Enjoined murder defendant’s wife and law firm from selling stock fraudulently transferred to them in order to pay legal fees in wrongful death case. Brown v. Commission for Lawyer Discipline, 980 S.W.2d 675 (Tex. App.—San Antonio 1998, no pet.). Defeated attorney’s appeal from his suspension for violation of rules of professional conduct. Davis v. Pate, 915 S.W.2d 76 (Tex. App.—Corpus Christi 1996) (mandamus). Won mandamus relief from overbroad discovery requests.