Hon. Mark Whittington (Ret.)

T: 214-744-5267
F: 214-720-6010
Real Property

Hon. Mark Whittington (Ret.) has extensive experience handling real estate matters, both as a judicial officer on the bench at the trial and appellate levels, and as a mediator, arbitrator, and special master. Justice Whittington has resolved cases involving breach of contract, landlord-tenant, lease agreement, agent and broker commission, purchase, and homeowners association issues.

Representative Matters

  • Claims by sole commercial tenant of office building against landlord for breach of lease agreement, with counterclaims by building owner for forcible entry and detainer, and breach of contract. 
  • Appeal of multi-million-dollar judgment awarded to shooting victim against apartment complex owners for negligence by providing inadequate security 
  • Claims by real estate developer against land purchaser for breach of contract and fraud for failure to pay pro-rata share of costs and expenses involved in development and construction of master water detention plan. 
  • Multi-million-dollar claims by nightclub/restaurant against landlord for breach of lease agreement with counterclaim by landlord for eviction and damages 
  • Claims by real estate agent against broker for breach of contract in payment of commission and expenses 
  • Breach of contract, breach of fiduciary duty, and fraud claims by limited partner in real estate partnership against managing partners for transfer of partnership assets in violation of partnership agreement 
  • Multi-million-dollar claim by purchaser against seller for breach of contract and fraud in real estate transaction arising from sale of condominiums 
  • Breach of contract and fraud claims by property owner against home-owners association that posted property for foreclosure 
  • Condemnation claim by cities against landowners arising from extension of runway at municipal airport and counterclaim for inverse condemnation of air space 
  • Multi-million-dollar claims against bank for violation of state fraudulent transfer act as well as negligence and breach of fiduciary duty claims against attorneys and public accountants by real estate development joint venture 
  • Breach of contract and fraud claims by natural gas pipeline general contractor against pipeline developer and executives 
  • Multi-million dollar claims by commercial property owners against insurer for breach of contract, deceptive trade practices and insurance code violations arising from hurricane damage 
  • Nuisance and related damage claims brought by neighboring building owners against owner of office tower constructed in violation of city ordinances 
  • Multi-million-dollar claims for breach of contract by broker against corporation for violation of exclusive sales representation agreement

Honors, Memberships, and Professional Activities

  • Best Lawyers in Dallas, Alternative Dispute Resolution, D Magazine
  • Outstanding Civil Jurist Award, American Board of Trial Advocates
  • Judicial Pro Bono Award, North Texas Legal Services
  • Sustaining Life Fellow, Texas Bar Foundation
  • Sustaining Life Fellow, Dallas Bar Foundation
  • Master, William “Mac” Taylor Inn of Court

Background and Education

  • Justice, Fifth District Court of Appeals, Dallas, TX, 1993-2008
  • Judge, 160th State District Court, Dallas, TX, 1987-1992
  • Judge, County Court at Law, Dallas, TX, 1983-1986
  • J.D., University of Houston

Disclaimer

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