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    <loc>https://www.livelyllp.com/john-r-lively-jr</loc>
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      <image:title>John R Lively, Jr</image:title>
      <image:caption>A native of Fort Worth, John R. Lively, Jr. practices in the areas of general civil litigation, insurance defense, subrogation, probate law, real estate, commercial litigation, commercial transactions, civil appellate law, employment law, business and corporate law, and intellectual property. He is registered to practice before the United States Patent and Trademark Office. Mr. Lively graduated from Trinity Valley School and Hampden-Sydney College in Virginia with a degree in Physics and Economics. He received his law degree from Baylor University in 2002. After graduation from law school, he entered private practice with the firm of Brown, Pruitt, Peterson &amp; Wambsganss. Johnathan joined his father at Lively &amp; Associates in May 2008. He was named a Texas Super Lawyer "Rising Star" by Texas Monthly, 2011, 2010, &amp; 2009. Johnathan is married. Education Baylor University, Waco, Texas, J.D., 2002 Vice President Student Bar Association Delta Theta Phi Law Fraternity Harvey M. Richey Moot Court Society Hampden-Sydney College, Farmville, Virginia, B.S., 1998 Physics and Economics with a concentration in Mathematics Trinity Valley School, Fort Worth, Texas, 1994 Practice Areas Business Litigation Business/Corporate Law Civil Appellate Law Construction Estate Planning and Probate General Civil Litigation Real Estate Intellectual Property Reported Cases Brinson Ford, Inc. v. Alger, 228 S.W. 3d 161 (Tex. 2007) Alger v. Brinson Ford, Inc., 169 S.W. 3d 340 (Tex.App.- Waco, 2005) Recognitions and Achievements Voted one of Tarrant County’s Best Attorneys —Fort Worth, Texas: The City's Magazine, 2011-2024 Named a Texas Super Lawyer "Rising Star" by Texas Monthly, 2011, 2010, &amp; 2009 Briefing Attorney – Fifth Court of Appeals (2001, Justice David F. Farris) Professional Associations State Bar of Texas Tarrant County Bar Association Tarrant County Young Lawyers Association Community Involvement Fort Worth Stock Show and Rodeo Fort Worth Food and Wine Festival, Board Tarrant County Bar Association Board of Director, 2020-2022 Fort Worth Arts Council, Past, Affair of the Arts Committee Modern Art Museum – Past, Fort Worth, The Modern Contemporaries Steering Committee Kimbell Art Museum, Past, Cosmopolitan Committee Admitted to Practice Texas Supreme Court, 2002 United States District Court for the Northern District of Texas, 2002 United States Patent and Trademark Office, 2002</image:caption>
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    <loc>https://www.livelyllp.com/david-f-farris</loc>
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    <lastmod>2025-01-13</lastmod>
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      <image:title>David F Farris</image:title>
      <image:caption>Mr. Farris serves as Of Counsel with Lively &amp; Associates. After graduating from Arlington Heights High School in 1958, he earned both his B. A. and Juris Doctor degrees from Baylor University. David enjoyed an active private practice in Tarrant County for over twenty years prior to his election to the Second Court of Appeals in Fort Worth. While in private practice he tried civil and criminal cases before juries in Tarrant and several other Texas Counties and argued cases before many of the Texas Courts of Appeals, the Texas Court of Criminal Appeals and the Texas Supreme Court. During his service on the Second Court of Appeals, he led the Court in the number of opinions written every year. After leaving the Second Court in 1994, he served as a visiting judge on several Trial Courts throughout North and Northeast Texas and on seven of the fourteen Texas Courts of Appeals. Since retiring from the judiciary, David has concentrated on his active Appellate practice. He served as a mediator with Burdin Mediations from 1995-2003. As a retired justice, he brings years of experience and knowledge that make him uniquely qualified to assist clients in Alternative Dispute Resolution. Education Baylor University, Waco, Texas, J.D., 1965 Baylor University, Waco, Texas, B.A., 1963 Arlington Heights High School, Fort Worth, Texas, 1958 Board Certification Civil Appellate Law Board Certified by the Texas Board of Legal Specialization 1989-2024 Practice Areas Civil Appellate Law Alternative Dispute Resolution Civil Litigation Probate Professional Associations State Bar of Texas Appellate Section – former Council member and Historical Committee, co-chairman Tarrant County Bar Association Bylaws Committee - former Chairman Appellate Section - former Chairman Judicial Evaluation Committee – former Chairman Texas Bar Foundation - Fellow (1992) Eldon B. Mahon Inn of Court – Emeritus, Member since 1992 Admitted to Practice Texas Supreme Court, 1965 United States Supreme Court, 1975 United States Court of Appeals for the Fifth Circuit United States District Court for the Northern District of Texas The United States District Court for the Eastern District of Texas, 2012 Publications and Lectures "Preservation of Error, Pretrial", Advanced Civil Appellate Practice Court, State Bar of Texas, San Antonio (1991) "Interlocutory Appeals", Advanced Civil Appellate Practice Course, State Bar of Texas, Houston (1990) "Preparations of Briefs, Effectiveness in Legal Writing", Appellate Practice for Lawyers and Legal Assistants, San Antonio (1989) "Jury Charges in Commercial Cases, Insights from the Appellate Bench", Spectrum of Civil Litigation: Strategies and Insights, State Bar of Texas, Austin (1987), Fort Worth (1988) "Reviewing a Record, What to Look For and How to Accurately Summarize the Facts" ’Briefing Attorney’s Institute, Texas Center for the Judiciary, Austin (1990) "Evidence of Extraneous Offences in Criminal Cases", State Judicial Conference, San Antonio (1990) "Effective Appellate Writing, How to Get a Judge to Read Your Brief" Practicing Law in Tarrant County, a "Nuts and Bolts" Seminar, Tarrant County Trial Lawyers Association, Fort Worth (1993) "Briefs Shall Be Brief, A Judicial View", Appellate Practice Before the Second Court of Appeals, Denton County Bar Association, Denton (1993) "Effective Appellate Advocacy, How to Get Judges to Read Your Brief and Hear Your Argument", A Practical Approach to Practicing Law in Tarrant County, Tarrant County Trial Lawyers, Fort Worth (1994) Judicial Experience Second Court of Appeals June 1986 – December 1994 Visiting Justice: First Court of Appeals - Houston Second Court of Appeals - Fort Worth Fifth Court of Appeals - Dallas Sixth Court of Appeals - Texarkana Eighth Court of Appeals - El Paso Ninth Court of Appeals - Beaumont Eleventh court of Appeals - Eastland Sat as Trial Court Judge in the following counties: Cooke, Dallas, Denton, Fayette, Grayson, Hood, Hopkins, Johnson, Lamar, Montague, Morris, Parker, Red River, Tarrant, Titus, Upshur, Wise and Young</image:caption>
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    <lastmod>2022-08-23</lastmod>
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    <loc>https://www.livelyllp.com/daniel-r-aguilar</loc>
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    <lastmod>2022-05-09</lastmod>
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      <image:title>Daniel R Aguilar</image:title>
      <image:caption>Daniel R. Aguilar is a native of Nacogdoches, Texas, and first moved to the Dallas/ Fort Worth area to attend the University of North Texas for his undergraduate degree. During his time at the University of Texas School of Law, Daniel clerked with a private defense firm, the United States Attorney’s Office for the Eastern District of Texas, the Federal District Court in Dallas, and the Second Court of Appeals in Fort Worth. Daniel has had scholarly articles published dealing with a variety of legal issues, including regulatory compliance in health care transactions and international groundwater policy reform. Daniel primarily practices in the areas of general civil litigation, commercial litigation, and business and corporate law. Daniel has experience representing clients that include homeowners, as well as small to medium-sized business, as they navigate the legal system. His day-to-day practice includes contract drafting and review, business formation, and an extensive trial and appellate practice across Texas. Education The University of Texas School of Law, Austin, Texas J.D. May 2011 with honors Texas International Law Journal, Staffer, Article Contributor Christian Legal Society, Senior Member The University of North Texas, Denton, Texas, B.A. 2008 English Composition and Political Science Honors Program Outstanding Undergraduate English Major 2007 Practice Areas Business Litigation Business/Corporate Law Construction General Civil Litigation Oil and Gas Real Estate Appellate Law Professional Associations State Bar of Texas Tarrant County Bar Association Tarrant County Young Lawyers Association Community Involvement Nelson Children’s Center, Denton County, Texas Admitted to Practice Texas Supreme Court, 2011 United States District Court for the Northern District of Texas, 2018 Publications and Lectures "Groundwater Reform in India: An Equity and Sustainability Dilemma",Texas International Law Journal (Spring 2011)"Fair Market Value in Health Care Transactions: A Primer",co-authored with Kevin Reed Texas Organization of Rural &amp; Community Hospitals annual conference (2011) "Fair Market Value in Health Care Transactions: A Primer", co-authored with Kevin Reed Texas Organization of Rural &amp; Community Hospitals annual conference (2011) Recognitions and Achievements Voted one of Tarrant County’s Best Attorneys —Fort Worth, Texas: The City's Magazine, 2019 Named one of Fort Worth’s Best Attorneys — 360 West, 2019</image:caption>
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    <loc>https://www.livelyllp.com/john-r-lively</loc>
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    <lastmod>2022-05-09</lastmod>
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      <image:title>John R Lively</image:title>
      <image:caption>Mr. Lively was the principal and founding attorney with Lively &amp; Associates, PLLC. Mr. Lively was raised in Navasota, Texas and graduated from Texas A &amp; M University. While at the University of Texas School of Law in Austin, he worked in the Texas Legislature for two sessions as a legislative assistant to two former State Senators, as a staff member to the Sergeant at Arms, and on the Legislative Council. He began his legal career in 1968 as an assistant City Attorney for the City of Fort Worth and entered private practice in 1970. Mr. Lively served as Chairman for the Tarrant County Bar Association Fee Arbitration Panel No. 3. His peers recognized Mr. Lively with the highest possible ratings for both the quality of his legal work and his high ethical standards. Mr. Lively held an AV rating by Martindale-Hubbell for many years and was voted one of Tarrant County’s Best Attorneys in 2010-2020 by Fort Worth, Texas Magazine. In 2019 Mr. Lively celebrated 50 years as an attorney, recognized by both the Tarrant County Bar and State Bar of Texas. Education University of Texas, Austin, Texas, L.L.B., 1968 Delta Theta Phi Law Fraternity Texas A&amp;M University, College Station, Texas, B.A., 1967 History (in residence 1960-64; degree conferred 1967) Navasota High School, Navasota, Texas, 1960 Practice Areas Business Litigation Business/Corporate Law Civil Appellate Litigation Estate Planning and Probate Real Estate Professional Associations State Bar of Texas Tarrant County Bar Association Tarrant County Fee Arbitration Panel No. 3 - Chairman Member since 1998 Community Involvement Air Power Council Jewel Charity Stock Show Syndicate Boy Scouts of America Awards and Recognitions Voted one of Tarrant County’s Best Attorneys —Fort Worth, Texas: The City's Magazine, 2010-2020 Admitted to Practice Texas Supreme Court, 1968 The United States District Court for the Northern District of Texas, 1970 The United States District Court for the Eastern District of Texas, 1994 The United States District Court for the Central District of Illinois, 1999 The United States Court of Appeals for the Fifth Circuit, 1974 The United States Supreme Court, 1988 Partial List of Published Cases Lipsey v. Lipsey, 983 S.W.2d 345 (Tex.App.— Fort Worth 1998, no pet.). Industrial Indem. Co. v. Texas American Bank – Riverside, 784 S.W.2d 114 (Tex.App.—Fort Worth 1990, no writ). Allard v. Frech, 754 S.W.2d 111 (Tex. 1988), cert. denied, 488 U.S. 1006 (1989). Matthews v. Candlewood Builders, Inc., 685 S.W.2d 649 (Tex. 1985, no writ). Hudler-Tye Const., Inc. v. Pettijohn &amp; Pettijohn Plumbing, Inc., 632 S.W.2d 219 (Tex.App.—Fort Worth 1982, no writ). Catlett v. Catlett, 630 S.W.2d 478 (Tex.App.—Fort Worth 1982, no writ). Walker v. Walker, 527 S.W.2d 200 (Tex.Civ.App.—Fort Worth 1975, no writ). Martindale-Hubbell Rating: AV Mr. Lively is AV-rated by Martindale-Hubbell. Legal Ability Ratings take into consideration the standard of professional ability in the area where the lawyer practices, the lawyer's expertise, and other professional qualifications. If a lawyer's practice is limited or specialized, Martindale-Hubbell® Peer Review RatingsTM are based on performance in those specific fields of law. Legal Ability Ratings are: C - Good to High B - High to Very High A - Very High to Preeminent The General Ethical Standards Rating denotes adherence to professional standards of conduct and ethics, reliability, diligence and other criteria relevant to the discharge of professional responsibilities. The General Recommendation Rating is: V - Very High</image:caption>
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    <lastmod>2022-01-26</lastmod>
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      <image:title>Attorneys</image:title>
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    <loc>https://www.livelyllp.com/practice-areas</loc>
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    <lastmod>2025-01-13</lastmod>
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      <image:title>Practice Areas - Business Law</image:title>
      <image:caption>Business law encompasses the formation of business entities, advice on purchasing and selling of entities, creditor advice, and general consulting for emerging and established businesses.</image:caption>
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      <image:title>Practice Areas - Business Litigation</image:title>
      <image:caption>The Firm regularly tries jury and non-jury cases not only in the Fort Worth/Dallas area but throughout Texas. Business litigation involves creditor rights, commercial landlord/tenant disputes, insurance losses, oil and gas, real estate, and probate.</image:caption>
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      <image:title>Practice Areas - Civil Appellate Law</image:title>
      <image:caption>The Firm’s appellate section is headed by former Justice David Farris, retired, who brings extensive knowledge in trial and appellate practice in state and federal courts. For more than seventeen years, Mr. Farris sat as appellate justice on the Second Court of Appeals and as a visiting justice on the majority of the Appellate Courts in Texas. He is a noted lecturer on appellate practice, in the areas of both persuasive writing and oral arguments. Because of his years of experience on the bench, he is able to identify appellate issues that are most beneficial to a client’s case. As a sitting justice, David Farris was the author of more than 1000 opinions.</image:caption>
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      <image:title>Practice Areas - Construction</image:title>
      <image:caption>Let us help you with your construction issues, whether you are negotiating a new contract or have defects that need to be addressed.</image:caption>
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      <image:title>Practice Areas - Creditor Rights</image:title>
      <image:caption>As Creditor Rights advocates, the Firm represents creditors in state, federal, and bankruptcy courts throughout Texas. We provide an aggressive approach in recovering monies and property due to our clients.</image:caption>
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      <image:title>Practice Areas - Estate Planning and Probate</image:title>
      <image:caption>Our Estate Planning and Probate practice has been essential to our clients’ interests over the past 40 years. Our practice includes routine matters, such as drafting wills and trusts, probating wills and, when required, pursuing litigation relating to those matters.</image:caption>
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      <image:title>Practice Areas - Oil and Gas</image:title>
      <image:caption>The Firm is located in Fort Worth at the epicenter of the Barnett Shale. As such, the attorneys have been involved in the leasing of mineral rights, location of pipelines, pipeline easements, production disputes, and damages to the surface estate. The Firm represents the interests of mineral owners, concerns of the surface owners’ rights, and oil and gas production companies.</image:caption>
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      <image:title>Practice Areas - Real Estate</image:title>
      <image:caption>Real estate development in the Fort Worth, Dallas and surrounding areas continue to grow in part due to the unique microeconomic climate the area enjoys. The Fort Worth real estate market is booming right now and Tarrant County is known as one of the fastest-growing urban counties in the United States. Our real estate practice includes extensive experience in all aspects of real estate transactions both residential and commercial. It focuses on eminent domain, foreclosure for creditors, and lenders, providing personal attention to detail for each client.</image:caption>
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      <image:title>Practice Areas - Alternative Dispute Resolution – Arbitration, Mediation</image:title>
      <image:caption>Alternative Dispute Resolution (ADR) refers to any means of resolving disputes outside of the courtroom. As costs of litigation escalate and the courts become burdened by the rising number of lawsuits, ADR is increasingly being utilized to settle conflicts through arbitration and mediation. As a result of his years of experience in private practice and sitting on the Court of Appeals, David Farris is uniquely qualified to assist clients in this area. Mr. Farris served as a mediator with Burdin Mediations from 1995 until 2003.</image:caption>
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