arrow left
arrow right
  • In the Matter of the Marriage of Lori Moore Neal and Brandon Lynn Neal and In the Interest of Landon Neal, Braydon Neal, Unborn ChildDivorce with Children document preview
  • In the Matter of the Marriage of Lori Moore Neal and Brandon Lynn Neal and In the Interest of Landon Neal, Braydon Neal, Unborn ChildDivorce with Children document preview
  • In the Matter of the Marriage of Lori Moore Neal and Brandon Lynn Neal and In the Interest of Landon Neal, Braydon Neal, Unborn ChildDivorce with Children document preview
  • In the Matter of the Marriage of Lori Moore Neal and Brandon Lynn Neal and In the Interest of Landon Neal, Braydon Neal, Unborn ChildDivorce with Children document preview
  • In the Matter of the Marriage of Lori Moore Neal and Brandon Lynn Neal and In the Interest of Landon Neal, Braydon Neal, Unborn ChildDivorce with Children document preview
  • In the Matter of the Marriage of Lori Moore Neal and Brandon Lynn Neal and In the Interest of Landon Neal, Braydon Neal, Unborn ChildDivorce with Children document preview
  • In the Matter of the Marriage of Lori Moore Neal and Brandon Lynn Neal and In the Interest of Landon Neal, Braydon Neal, Unborn ChildDivorce with Children document preview
  • In the Matter of the Marriage of Lori Moore Neal and Brandon Lynn Neal and In the Interest of Landon Neal, Braydon Neal, Unborn ChildDivorce with Children document preview
						
                                

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