Preview
1116462
IN THE MATTER OF IN THE DISTRICT COURT
THE MARRIAGE OF
LORI MOORE NEAL
418 JUDICIAL DISTRICT
BRANDON LYNN NEAL
AND IN THE INTEREST OF
LANDON NEAL, BRAYDON
NEAL AND UNBORN CHILD,
CHILDREN MONTGOMERY COUNTY, TEXAS
PETITIONER’S DESIGNATION OF EXPERT WITNESSES
TO: BRANDON NEAL Respondent, by and through his attorney of record,
Bert Steinmann.
LORI MOORE NEAL, Petitioner, designates the following expert witnesses
in compliance with this ourt’s scheduling order and Texas Rules of Civil
Procedure 194.3 and 195.5:
EXPERT 1: Attorneys from The Bihm Firm, PLLC.
Katherine Bihm and Andrew Gastler, attorney for LORI MOORE NEAL
The following describes the responses mandated by Texas Rule of Civil Procedure
195.5:
Katherine Bihm
208 W .
onroe, T 77301
(936) 7886100
Andrew Gastler
208 W. Davis St.
Conroe, TX 77301
(936) 7886100
No. 23
In the Matter of the Marriage of Lori Moore Neal and Brandon Lynn Neal
In the Interest of Landon Neal, Braydon Neal and Unborn Child Neal, Children
Petitioner’s Designation of Expert Witnesses
Page of
Katherine Bihm, Andrew Gastler, or both will testify regarding reasonable
and necessary attorney’s fees incurred by LORI MOORE NEAL in pursuing this
suit, in rebuttal to attorney fee testimony from another party, or both. Ms. Bihm
has been licensed to practice law in the State of Texas since 2003, practicing
extensively in family law during that time. She is familiar with reasonable fee
charging and record keeping practices for the regular practice of family law as well
as the practices of the staff of The Bihm Firm Andrew Gastler has been licensed
to practice law in the State of Texas since 2014. He is also familiar with reasonable
feecharging and recordkeeping practices for the regular practice of family law, as
the practices of the staff of The Bihm Firm.
Ms. Bihm, Mr. Gastler, or both will testify that the staff at The Bihm Firm,
PLLC charge the following rates for legal services:
Managing Partner: $425.00 hourly
Associate Attorney $250.00 or 300.00 hourly
Support Staff/Paralegal $175.00or $250.00 hourly
Ms. Bihm’s and Mr. Gastler’s opinions will be based upon their years of
practice as attorney, and any and all documents provided to, reviewed by, or
prepared by or for The Bihm Firm, PLLC in expectation of their testimony will be
made available to opposing counsel in the offices of The Bihm Firm, PLLC at a
mutually agreeable date and time. No documents, tangible things, reports, models,
or data compilations have been reviewed by Ms. Bihm or Mr. Gastler at this time
other than general litigation documents, communications with the court and other
parties, inter office memoranda protected by work product privilege, and
communications with Petitioner protected by attorneyclient privilege. In the event
Petitioner identifies a nonprivileged document, tangible thing, report, model, or
data compilation relevant to this description, Petitioner will supplement this
designation
Ms. Bihm’s and Mr. Gastler’s current résumé ha been attached to this
designation
As Ms. Bihm and Mr. Gastler are Petitioner’s attorneythey hanot been
paid a fee to appear as expert witnesses Mrs. Bihm will testify at the rate of a
managing partner of The Bihm Firm, PLLC, which is $4 .00 hourly. Mr. Gastler
will testify at the rate of an associate attorney of The Bihm Firm, PLLC, which is
$300.00 hourly.
No. 23
In the Matter of the Marriage of Lori Moore Neal and Brandon Lynn Neal
In the Interest of Landon Neal, Braydon Neal and Unborn Child Neal, Children
Petitioner’s Designation of Expert Witnesses
Page of
EXPERT 2: Jarrod Frenzel, Real Estate Appraiser
(a)(1) Jarrod Frenzel
1095 Evergreen Cir.
The Woodlands, TX 77380
281681 1010
(a)(2) Mr. Frenzel will testify about the appraisal of any real property
interests at issue in the case. He may testify to the appraised value of
the property based upon his assessment of the property, based upon
his professional education, training, and experience.
(a)(3) The substance of Mr. Frenzel’s mental impressions will include his
appraisal of the real property, utilizing standards customary in his
field, including, but not limited to estimated or known values of
comparable properties to the properties at issue in this case.
(a)(4) Mr. Frenzel has not yet generated a written report. Once received, this
designation will be supplemented. However, Mr. Frenzel’s current
C.V. has been attached to this designation.
EXPERT 3. Jaclyn Franks, Valuation Fraud & Forensics, LLC
(a)(1) Valuation Fraud & Forensics, LLC
114 W. Lewis Street
Conroe, Texas 77301
(281) 8583923
(a)(2) Ms. Franks, and any employee designated by Ms. Franks well testify
to their training and experience based upon her educational
background and onthe job training in the field of financial forensics.
Ms. Franks will testify to any opinions formed by Ms. Franks after
review of documents provided by Petitioner, Respondent, or
Petitioner’s expert. Ms. Franks’ opinions will include assessments of
any property valuation figures (whether the property is tangible or
intangible), reimbursement claims, tracing of funds between estates,
tax consequences of division of marital assets, waste claims, the
incomes of the parties, whether any party has a valid claim to separate
property, and other aspects of the property division, including the
No. 23
In the Matter of the Marriage of Lori Moore Neal and Brandon Lynn Neal
In the Interest of Landon Neal, Braydon Neal and Unborn Child Neal, Children
Petitioner’s Designation of Expert Witnesses
Page of
practicality of dividing assets. In addition, Ms. Franks may testify to
the reasonableness of her fee, in opposition to the reasonableness of
Petitioner’s expert’s fee, or both
(a)(3) Ms. Franks does not presently have an immediate impression
concerning the estates of the parties. Ms. Franks’ opinion will be
formed from review of documents provided by Respondent to Ms.
Franks, from Petitioner’s discovery responses, including expert
reports tendered by Petitioner to Respondent, from the parties’
inventories and financial information statements, from the Texas
Family Code, from her professional training and experience, and from
miscellaneous extrinsic legal/financial research resources which
assist in forming the basis of her opinion.
(a)(4)
No documents, tangible things, reports, models, or data
compilations have been reviewed by Ms. Franks at this time. In
the event Respondent identifies a document, tangible thing,
report, model, or data compilation relevant to this description,
Respondent will supplement this designation
Ms. Franks’ current C.V. has been attached to this designation
Petitioner reserves the right to supplement this designation with additional
designations of experts within the time limits imposed by the Court, by the Texas
Rules of Civil Procedure, or by agreement of the parties.
Respectfully submitted,
THE BIHM FIRM, PLLC
208 W. Davis St.
Conroe, TX 77301
Tel.: (936) 7886100
Fax: (936) 7886102
No. 23
In the Matter of the Marriage of Lori Moore Neal and Brandon Lynn Neal
In the Interest of Landon Neal, Braydon Neal and Unborn Child Neal, Children
Petitioner’s Designation of Expert Witnesses
Page of
By:
Katherine Bihm
State Bar No. 24041910
kate@bihmfirm.com
Andrew Gastler
State Bar No. 24092407
andrew.gastler@bihmfirm.com
Aubrey Ziegelheim
State Bar No. 24137154
aubrey.ziegelheim@bihmfirm.com
Attorneys for Lori Neal
CERTIFICATE OF SERVICE
served a true and correct copy of the forgoing upon Bert
Steinmann, counsel for Brandon Neal -service in compliance with Texas Rule
of Civil Procedure 21a on February 5, 2024
____________________________
Katherine Bihm
Attorney for Lori Neal
No. 23
In the Matter of the Marriage of Lori Moore Neal and Brandon Lynn Neal
In the Interest of Landon Neal, Braydon Neal and Unborn Child Neal, Children
Petitioner’s Designation of Expert Witnesses
Page of
Katherine Ellen Bihm
8 W. Davis St., Conroe, TX 77301
(936) 788 6100 [phone] / kate@bihmfirm.com
(936) 788 6102 [fax]
Experience
07/07 – present The Bihm Firm, PLLC Conroe, Texas
Managing member of successful, results driven, small firm. Primary
responsibilities include representing clients (retained and court appointed)
at all levels of the criminal justice system and in family cases. Duties include
case management through verdict, some appeals, and managing two
associate attorneys and small staff. chievements include numerous jury
verdicts at the misdemeanor and felony level, numerous family law trials
and hearings, winning multiple awards for excellence in the field, receiving
almost universally outstanding reviews from clients on Avvo.com, and
achieving an AV Pre imminent peer review rating from Martindale Hubbell.
05/04 – 06/07 Montgomery County District Attorney’s Office nroe, Texas
rosecutor where primary responsibilities include representing the State of
Texas in County Courts at Law on misdemeanor criminal cases. Duties
include synthesizing complex ideas and concepts and presenting them in a
persuasive, entertaining way to a variety of audiences at varying levels of
experience and education, maintaining working relationships with
professionals and key support staff, independently organizing and
sustaining a busy court calendar with little supervision, preparing a monthly
expense report, and working as part of a three person team to accomplish
set tasks.
12/03 – 05/04 Peterson, Farris, Pruitt & Parker Amarillo, Texas
Associate ttorney, practicing in state and federal court. Duties included
raft ing and arguing motions, briefs, pleadings, administrative appeals, and
preparing and responding to discovery. Appear in court for hearings, t
depositions, interview witnesses, met with and counsel clients, devise d
settlement strategies, work closely with expert witnesses, and performed
legal research.
9/0 – Texas Criminal Defense Project Lubbock, Texas
Law Clerk working independently with assignments from around Texas.
Performed legal research and created and maintained evidence databases,
one of which was instrumental in a capital murder trial.
Resume – Katherine Bihm
Page of
Education
November 2003 Admitted to Texas Bar Bar No. 24041910
2000 – 2003 Texas Tech School of Law Lubbock, Texas
Awarded Juris Doctor in May 2003. CALI Award for Excellence in Trial
Advocacy, spring 2003. Awarded K.K. Leggett Academic Fellowship in
summer 2002, CALI Award for Excellence in Legal Practice (legal writing
and research) in fall 2000, and Dean’s List in fall 2000 Member, National
Moot Court Team, Phi Delta Phi Legal Honor Society, and Board of
Barristers.
1996 2000 Texas A&M University College Station, Texas
Awarded Bachelor of Arts degree in August 2000, majoring in Sociology.
Member, Phi Eta Sigma Honor Society, Delta Gamma, and numerous other
clubs and organizations.
PersonalInterests and Associations
District Director, State Bar of Texas
Former President, Montgomery County Bar Association
Former Chairman, Montgomery County Community Foundation Distribution Committee
Conroe Noon Lions Club Community Partner
Resume – Katherine Bihm
Page of
Andrew Gastler
andrew.gastler@bihmfirm.com | (936) 788 6100
The Bihm Firm, PLLC 208 W. Davis St. Conroe, TX 773
EXPERIENCE
sociate Attorney Present
The Bihm Firm, PLLC Conroe, Texas
Management of highstakes divorce and SAPCR litigation from beginning to end.
Efficient and precise management of emergency SAPC ses.
Experience in bench trials, motions practice, and discovery process
Representation of clients in both retained and appointed felony criminal case
aff Attorney 201 2019
State Counsel for Offenders Conroe and Huntsville, Texas
Represented prison inmates in civil and felony criminal cases throughout Texas.
Jury trial experience (both civil and criminal) in nine Texas counties
Conductd depositions of expert witnesses and defended client depositions.
Visited with clients in 2530 prisons throughout the S tate.
Served as an agency wide legal research and special projects attorney
Drafted a 33,word portion of a legal resource for p rison inmates containing
more than 300 citations.
Case Intake Intern 2014
Innocence Project of Florida
Examined records of decadesold convictions.
Draf ed extensive case memoranda for supervisors, analyzing facts and law.
Conducted procedural postconviction research.
ertified Legal Intern 2013
eon County ublic Defender Tallahassee, Florida
Tried misdemeanor cases to petit juries.
Managed a sizeable misdemeanor docket.
Assisted felonylevel public defenders with legal research and writing.
EDUCATION
lorida State University College of Law Tallahassee, Florida
J.D., December 2013
Baylor University Waco, Texas
B.M.E., 2010
LG0858
114 Lewis
77301
and valuation have support
decade consulting testifying forensic business and
planning such Partnerships; ESOP
bankruptcy; tangible
bankruptcy reorganization; and lender industry experience includes
manufacturing, service
Subject companies the States America. twenty experience medical
industry, construction companies, government contractors and
developed and implemented financial organizational
and procedures financial general operational realms;
corporate maintain and directed
arounds, staffing coordination between
EXPERIENCE
Valuation Fraud Forensics,
2018
Krause, LLP
(result mergers Karlins, Ramey merger MRZ/SKY Valuation, merger Baker Tilly Virchow Krause,
2015 2018
Veselka Co.,
2013 2015
McClure Firm
Valuation Analyst 2008 2013
Neuroimaging
Operations Officer 2003 2008
Amen
Business Development 2000 2003
Ahtna Government Services
Executive Assistant 1998 2000
EDUCATION
Phoenix, Arizona
Business Administration 2010
Phoenix, Arizona
B.S. Business 2005
Alaska, Anchorage
1999
JACLYN BURKET FRANKS
DESIGNATIONS STUDIES
(including to): tracing,
estate brokerage, examination, accounting,
Society Appraisers, Accredited (ASA
Maintaining requires USPAP education 100 continuing education hours
Society Appraisers, Accredited Completion, Advanced
Healthcare Program
Fraud Member (CFE)
Institute (ABV)
QuickBooks QuickBooks Certified
WITNESS
expert $70 $275 hour. billed $275 per
Business
Appraisal (Valuation)
Characterization
Bankruptcy Court
County,
Montgomery County,
County,
Bend County,
Franks deposed years. there
because settled mediation agreement included.):
2019 31603; Matter Lee Gaudy Cohen;
312 Judicial Court, County, Texas
08028; Matter Murphy Harold Ray Murphy; the
County Court Montgomery County,
2014 43673; Kerry Arb, Randy Arb, VonArb Ltd., VonArb GP,
Roofing, Skyline LLC, Defendants; the 164 Court, County,
00428; Matter McCutchen Jeremy McCutchen; the
County Court Montgomery County,
0228; the the Athans Charity Lenee Athans; County
Montgomery County,
251140; Matter Wayne
505 Judicial Bend
31872 Debtor; States Bankruptcy Court
JACLYN BURKET FRANKS
D1917404; the the Abernethy Dena Abernethy;
County Court County,
14734; Matter Stephanie Sean Lenn Lavergne;
418 Judicial Court, Montgomery County,
258949; Matter Maggy Horgan Horgan,
328 Judicial Court, Bend County,
Society Appraisers,
Society Appraisers, Accredited (ASA
Fraud Members (CFE)
Society Appraisers, 2019 Election
Society Appraisers, Houston Chapter, Energy Conference Committee Member (2014
2017)
Society Appraisers, Marketing (2013 2021)
Society Appraisers, Member
Society Appraisers, Advanced Valuation (2017)
Society Appraisers, Success (2014 2016)
Institute CPAs, Valuation Services Section
Institute CPAs, Accredited Business Valuator (ABV)
LANGUAGES
language
comprehend, high
ENGAGEMENTS/MEDIA
Speaker, Inventories/Proposed Annual San Antonio,
2010
Speaker, Consider When Going Divorce, Briggs Houston, 2014
Author/Co Speaker, Working Financial Experts Litigation Montgomery County
2015
Author, Business 101: Questions Houston 23, 2016
Speaker, Financial Experts Effectively Montgomery County
November 2019
Author, (2019, 11). Reasons You May Need Business http://valffllc.com/index.php/blog/
Author, (2020, 29). Economic (CARES
http://valffllc.com/index.php/blog/
Speaker, Structure, Transportation Companies. BVResources, Live Webinar,
20, 2020
Author, (2021, January 15). Important Changes TRCP 195 Went Into 1/1/2021
http://valffllc.com/index.php/blog/
Speaker, What Market Your Pharmacy? CPMS International Seminar 2021, Houston,
October 20, 2021.
JACLYN BURKET FRANKS
INDUSTRY EXPERIENCE
Healthcare Investing/Banking
Planning
Cardiology
Pharmacies Investment
(cosmetic cosmetic)
Imaging Facilities
Family Medicine/PCP Goods Services
Healthcare Stores
Internal Planning/Reception
Stores
(Ace Hardware)
Insurance Companies
Optometry
Nurseries Environmental Restoration
Breweries Bars
Tailor/Dry Cleaning
Talent/Placement
Manufacturing
Drilling
Technology
Environmental Waste Remediation
Electricity Marketing
Transportation Construction
(long haul local)
Technology
System Development Builders
Restoration Remodeling
Water Utility
Automotive Repair
Companies
Blasting Painting
CONTINUING EDUCATION COMPLETED
American Advanced Business Conference October 2013.
American Advanced Business Conference Healthcare Reform
Appraisal Practice 2013.
American Advanced Business Conference Enough? Determining
Capital M&A Transactions, Bankruptcy
American Advanced Business Conference Business Valuation Committee October
American Advanced Business Conference Cost Capital October
American Advanced Business Conference Appraisal Foundation Update October
American Advanced Business Conference Bid
Bid, That Question October 2013.
American Advanced Business Conference Overview
2013.
American Advanced Business Conference
American Advanced Business Conference Understanding Auditors/Valuation
Review Require Value October
American Advanced Business Conference Witness Skills: Techniques
Position October 15,
American Advanced Business Conference The Guide
Implications? October
American Advanced Business Conference Sports Franchises Related
October
American Advanced Business Conference Business Valuation
American Advanced Business Conference Reserves:
2013.
American Advanced Business Conference with Control Premiums
Business Resources, Derived Important
Business Resources, Hotels
Business Resources, Report Litigation
Deposition
Capital Data 2014.
Witness March 2014.
Briggs Understanding Mitigating Fiduciary Responsibility Perspective
Valuation Healthcare Tangible Property
USPAP June 2014.
Compilation Review Engagements: Big 2014.
CPAs 2014.
Valuation Healthcare Real Estate Real Property
Briggs Consider Going (presenter).
Valuation Healthcare Intellectual Property 25,
Workshop
Business Healthcare Enterprises Services Therein) January
Association Certified Prep
Reuters Customizing Checkpoint Work
Reuters Functionality
JACLYN BURKET FRANKS
Experts Private Equity/Venture Capital
Risk Management June
Association Certified Related Controls
Associates International, Business Valuations Litigation Services Roundtable 30,
Ramey Workstream Training
Annual Advanced August August
Association Certified Fraud CPE January
Association Certified Records March 2017.
Valuation Engagements March
Allinial Global
Allinial Global June
Allinial Global Baltimore, MD, 2017.
Virchow Current
Virchow Technology Business Organization 2018.
School Real
Essential Training August
Association Certified September
Foundations: October
Verification
Association Certified
Helping Your Clients and Forgiveness
Delivering Expert Technology 2020.
Clients Accountant
Client’s QuickBooks
Building Blocks Reporting 2020.
QuickBooks
Professional Conduct Education Finance Professionals October
Solutions Clients October
Virtual Conference
Certification
March
Categorization 2021.
March
Reports March
Conversions March
period Activities
Transactions March
Association Certified
Association Certified 19,
Association Certified Cryptocurrency Distributed Blockchain,
Association Certified Cryptocurrency Cryptocurrency Transactional Components,
August
Association Certified Resources Automation Investigations