Robert Edward Booth

Robert Edward Booth

Managing Partner

Board Certified in Civil Trial Law by the Texas Board of Legal Specialization

Contact Information

Direct Phone:

(409) 761-4001

Office:

Galveston

Board Certification:

Civil Trial Law (Texas Board of Legal Specialization)

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Biography

Robert is the Managing Partner of Mills Shirley LLP, renowned for successfully litigating cases before juries and winning cases on appeal. Robert is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization. Robert is a member of the American Board of Trial Advocates and past president of the Galveston County Bar Association.

He provides legal services to individuals, companies, financial institutions and local governments. He has defended lawyers accused of malpractice. He regularly practices in state and federal courts, including the courts of appeals.

Robert is a member of the American Board of Trial Advocates and currently serves on the Board of Directors for Texas Association of Defense Counsel.

Robert and his two children live on Galveston Island. He is an avid runner having completed the Chicago and Houston marathons.

Practice Areas

Business Litigation

Complex commercial disputes and contract litigation

Construction Law

Design and construction defect litigation

Design and Construction Defect Litigation

Representing parties in construction defect claims

Premises Liability

Property-related injury and liability defense

Professional Negligence

Defending professional liability claims

Real Estate Disputes

Property disputes and real estate litigation

Public Entity Representation

Local government legal counsel and representation

Employment Law

Workplace disputes and employment litigation

Maritime Law

Admiralty and maritime legal matters

Education & Admissions

Education

  • J.D., The University of Texas School of Law, 2003
  • B.B.A., University of Texas at Austin, 2003 (Management Information Systems)
  • B.A., University of Texas at Austin, 2000 (Economics)

Bar Admissions

  • Texas, 2003
  • U.S. District Court, Southern District of Texas, 2004
  • U.S. District Court, Eastern District of Texas, 2005
  • U.S. District Court, Western District of Texas, 2006

Professional Memberships

  • American Board of Trial Advocates
  • Texas Association of Defense Counsel (Board of Directors)
  • Texas Bar Foundation (Fellow)
  • Galveston County Bar Association (Former President)
  • Galveston County Bar Foundation (Former Vice President)
  • Texas Young Lawyers Association (Former Elected Board Member, District 21)

Representative Matters

  • Commercial Contract Disputes: Representing parties in high-stakes commercial contract disputes
  • Construction Disputes: Representing construction companies and design professionals in multiparty disputes involving commercial and condominium construction
  • Real Estate Disputes: Representing parties in disputes over title to real property, declarant rights, and interpreting restrictions
  • Partnership Disputes: Representing partners in partnership disputes
  • Boundary Disputes: Representing property owners in boundary disputes
  • Professional Liability Claims: Representing accountants, architects and engineers in defending claims relating to professional liability
  • Government Compliance: Advising local governments regarding the Texas Open Meetings Act and the Texas Public Information Act
  • Personal Injury Actions: Defending companies from personal injury actions
  • Apartment Complex Ownership: Representing owners of apartment complexes on various issues, including landlord-tenant disputes, premises liability, property taxes, and employment law
  • Small Business Ownership: Representing small business owners by preparing separation agreements, covenants not to compete, and employment handbook policies, and by defending misappropriation of trade secrets and wrongful termination

Recognition & Awards

  • Texas Super Lawyers – 2020–2026
  • Texas Rising Stars – 2010–2018
  • Outstanding Young Lawyer of Galveston County – 2010

Representative Trials and Appeals

Appeal (2026): 26-20095—United States Court of Appeals for the Fifth Circuit

Robert represented a national athletic apparel retailer in an appeal from a summary judgment dismissing a customer's negligence and premises liability claims arising from a trip-and-fall in one of the retailer's Houston-area stores. The Fifth Circuit affirmed for substantially the reasons stated by the district court, describing its ruling as "thoughtful and well-reasoned."

Jury Trial (2026): 24-CV-2169; 122nd District Court of Galveston County, Texas (Judge J. Jones)

Robert was lead lawyer defending the purchaser of a Galveston County residence at a foreclosure sale against a title challenge by the property's former owner, which sought more than $1 million in damages, and two intervenors, including a national mortgage loan trust, which sought to void the foreclosure sale and quiet title against Robert's client. During the three-day jury trial, the Court granted a directed verdict on every claim against Robert's client other than the competing claims for declaratory relief, and the jury rejected every liability theory submitted and found that the former owner had procured the release of lien underlying its claims by fraud. The Court entered judgment declaring that Robert's client holds good and indefeasible title to the property, ordering that the plaintiff and intervenors take nothing, and awarding Robert's client $33,712 in attorney's fees plus conditional appellate fees. The plaintiff and the mortgage trust have appealed; Robert is defending the judgment on appeal.

Bench Trial (2026): 21-CV-0375; 405th District Court of Galveston County, Texas (Judge J. Ellisor)

Robert was lead lawyer defending a former oilfield pipe distributor sued by a city seeking to recover approximately $974,000 in sales-tax rebates paid under a Chapter 380 economic development agreement, plus interest and attorney's fees. The city sought repayment after the Texas Comptroller reallocated the underlying sales taxes in 2021, four years after Robert's client had closed its facility in the city. After a one-day bench trial, the Court ruled that the city take nothing, found Robert's client to be the prevailing party, and awarded Robert's client $97,318 in attorney's fees on its third-party claims. The city has appealed, and Robert is defending the judgment in the Fourteenth Court of Appeals.

Jury Trial (2025): CV-0089899; County Court at Law No. 1 of Galveston County, Texas (Judge J. Grady)

Robert successfully represented the plaintiff/tenant in a commercial lease dispute that resolved through a three-day jury trial. The dispute centered around the interpretation of a lease provision that provided the tenant with a 50% rent credit when the I-45 exit leading to his furniture store was closed during construction. The jury found a breach of contract and awarded the requested rent credit of $328,744. Attorneys fees awarded for a total judgment of ~$414,000.00.

Jury Trial (2025): 23-CV-0343; 405th District Court of Galveston County, Texas (Judge J. Robinson)

Robert successfully represented the plaintiff in a six-day jury trial arising from a partnership dispute between two siblings who invested equally to acquire an apartment complex. The claims were filed as a derivative action. The jury delivered a favorable verdict for approximately $500,000, finding breach of contract, breach of fiduciary duty, and fraud. Following the verdict, the attorney's fees were contested in a bench trial.

Jury Trial (2025): 4:20-CV-03997; Southern District of Texas—Galveston Division (Judge A. Edison)

Robert successfully defended claims alleging excessive force in two separate incidents involving a former inmate of a county jail. During the two-day jury trial, the court granted a directed verdict in favor of the client, Galveston County. During closing argument, the plaintiff requested $1.2 million in damages, comprising $500,000 in pain and suffering, $500,000 in compensatory damages, and $200,000 in punitive damages. The jury delivered a favorable verdict, finding no liability.

Jury Trial (2024): 23-CV-2035; 122nd District Court of Galveston County, Texas (Judge J. Jones)

Robert was the lead lawyer for plaintiff alleging claims for breach of contract and fraud arising from a contract for deed on a residence in Crystal Beach, Texas. Winning jury verdict awarding $105k in damages and $26k in attorney fees.

Jury Trial (2024): 23-CV-0439; 10th District Court of Galveston County, Texas (Judge K. Neves)

Robert was lead lawyer defending a certified public accountant on claims for breach of fiduciary duty, breach of contract and slander. In closing, plaintiff requested actual damages of $72k and attorney fees of $80k. Jury found liability but returned a favorable verdict by only awarding damages of $8k and attorney fees of $4,500. Robert is defending the case on appeal.

Appeal (2024): 14-23-00254-CV—Court of Appeals for the Fourteenth District of Texas; 698 S.W.3d 29 (Tex. App.—Houston [14th Dist.] 2024, pet. denied)

Earlier in the same matter, Robert defeated an interlocutory appeal by a municipal economic development corporation that asserted governmental immunity from his client's third-party claims. In a published opinion, the Court of Appeals held that Type A economic development corporations do not enjoy governmental immunity and affirmed the trial court's denial of the plea to the jurisdiction. The Texas Supreme Court denied the corporation's petition for review.

Appeal: 22-40674—United States Court of Appeals for the Fifth Circuit

Robert represented a governmental entity in an appeal over a wrongful death case involving allegations of deliberate indifference to an inmate at a county jail. Court affirmed the dismissal finding no reversible error.

Appeal: 22-40841—United States Court of Appeals for the Fifth Circuit

Robert successfully represented a governmental entity in an appeal concerning a wrongful death case involving alleged conditions of confinement for an inmate at a county jail. Robert presented oral arguments to a three-judge panel, which upheld the granting of the summary judgment.

Jury Trial (2023): 21-CV-0871A; 405th District Court of Galveston County, Texas (Judge J. Robinson)

Robert represented approximately 20 homebuyers in claims against a builder for fraud in a real estate transaction. After a six-day jury trial, the case was favorably settled during jury deliberations.

Jury Trial (2022): 19-CV-1046; 56th District Court of Galveston County, Texas (Judge L. Cox)

Robert represented the buyers in a commercial real estate dispute arising from a purchase and sale agreement. The dispute centered around the interpretation of the contract and the recovery of declarant rights for a high-end coastal community. After a six-day multiparty trial, the jury delivered a favorable verdict for approximately $6 million for Robert's client.

Jury Trial (2021): PR-0079385-A; Probate Court of Galveston County, Texas (Judge K. Sullivan)

Robert was lead lawyer defending a seafood processing company on high stakes fiduciary duty claims seeking damages of $20 million. After a 13-day jury trial, the case was favorably settled during jury deliberations.

Bench Trial: 18-CV-0640; 10th District Court of Galveston County, Texas (Judge K. Neves)

Robert represented the plaintiff in a one-day bench trial concerning claims for breach of contract arising from the assignment of a life insurance contract. The Court issued favorable judgment for approximately $55,000.

Jury Trial: 16-CV-0942; 212th District Court of Galveston County, Texas (Judge P. Grady)

Robert defended a seafood processor from claims of breach of contract by commercial fisherman for ~$600,000.00. After a three-day jury trial, the jury found no liability on Robert's client.

Jury Trial: 13-CV-0844; 56th District Court of Galveston County, Texas (Judge L. Cox)

In a significant commercial dispute, Robert represented a city against a party seeking approximately $25 million in damages for unpaid disaster recovery services incurred following Hurricane Ike. After a 14-day jury trial, the jury delivered a divided verdict against the city, awarding approximately $12 million in damages.

Jury Trial: CV-0075191; County Court at Law No. 3 of Galveston County, Texas (Judge J. Ewing)

Robert represented a US Veteran through the Houston Bar Association Veterans Legal Initiative in a dispute over a boundary between residential properties. Winning jury verdict for $20,550.00.

Jury Trial: 14-CV-0481; 405th District Court of Galveston County, Texas (Judge M. Slaughter)

Robert represented two defendants in premises-liability and negligence claims arising from a liquor-liability claim. Prior to trial, the judge granted summary judgment in favor of one of his clients. After a five-day jury trial, the jury found no liability regarding Robert's client. The final judgment resulted in the plaintiffs receiving nothing from Robert's clients.

Bench Trial: 14-CV-0528; 405th District Court of Galveston County, Texas (Judge M. Slaughter)

Robert took over representation of defendant one-week before trial in a suit alleging more than $200,000 in damages arising from construction of a condominium on Galveston Island. At the bench trial, the Judge granted directed verdict against the major claims and some post-trial briefing, our objections and entered a take-nothing judgment favoring our client.

Bench Trial: PR-0075279-B; Probate Court of Galveston County, Texas (Judge K. Sullivan)

Robert appeared on behalf of plaintiff less than a month before trial of a dispute involving breach of contract and specific performance. After a bench trial, the Judge entered a judgment favoring Robert's client by ordering specific performance of sale of a commercial property and awarded actual damages of $425,000.00 and recovery of Robert's attorney fees.

Bench Trial: 12-CV-0428; 122nd Judicial District Court of Galveston County, Texas (Judge J. Ellisor)

Robert took over as lead attorney representing defendants against claims for breach of contract, fraud, violations of the Texas Deceptive Trade Practices Act securities violations, violations of the Texas Securities Act and statutory stock fraud, negligent and fraudulent misrepresentation, breach of fiduciary duty, conversion, fraudulent concealment and civil theft. After trial in January 2015, the Judge entered a favoring Robert's clients by ordering that plaintiffs take nothing from their claims and ordering the opposing party to pay for Robert's attorney fees. As lead attorney on appeal, Robert obtained an opinion and order from the Houston Court of Appeals affirming the trial court's judgment in favor of Robert's client.

Maritime: No. 3:12-CV-304, 2013 WL 4505987 (S.D. Tex. Aug. 22, 2013), aff'd 817 F.3d 241 (5th Cir. 2016)

Robert, as lead attorney, arrested a bare boat charter vessel on a novel theory involving ownership of the bunker fuel. The arrest and subsequent trial court judgment was upheld by the 5th Circuit Court of Appeals.

Bench Trial: 12-CV-0343; 405th Judicial District Court of Galveston County, Texas (Judge M. Slaughter)

Robert represented defendants in claims for conversion, trespass to chattels, breach of contract, alter ego, fraud, theft liability act, and breach of fiduciary duty. Robert's clients were ranchers who filed counterclaims to obtain rights to prized cow genetics worth more than $3 million. After a bench trial, the court awarded Robert's client possession of the prized genetics and ordered the opposing party to pay attorney fees.

Jury Trial: 11-CV-0071; 10th Judicial District of Galveston County, Texas (Judge K. Neves)

Robert represented the defendant in personal injury claims alleging exposure and burns caused by an industrial chemical. During the jury trial, Robert successfully obtained a directed verdict against the opposing party's claims. The case was not appealed.

Jury Trial: 2007-42159; 165th District Court of Harris County, Texas (Judge J. Rendon)

Robert defended an operator of a commercial truck involved in an automobile accident that resulted in the ejection of five passengers from the other vehicle. Following a three-day jury trial, the jury delivered a favorable verdict, finding no liability.

The descriptions above may constitute attorney advertising. Prior results do not guarantee a similar outcome. Each case is different, and results depend on the specific facts and circumstances.

Publications

  • "Designation of Responsible Third Parties and the Statute of Repose," TYLA eNews, 2010
  • "Tips for Young Lawyers," TYLA eNews, 2010

Presentations & Seminars

  • Bridging Generations – Harnessing AI in Texas Legal Practice, Annual Meeting, Texas Association of Defense Counsel, 2026
  • Using and Confronting AI in Motion Practice, Motions Practice Boot Camp, Texas Association of Defense Counsel, 2026
  • Precision Voir Dire – Rapid Fire Questions, For-Cause Strikes, and Total Control, Winter Seminar, Texas Association of Defense Counsel, 2026
  • Leveraging Microsoft Word to Draft Motions, Motions Practice Boot Camp, Texas Association of Defense Counsel, 2025
  • Not Your Average AI Talk – Simple Steps to Leverage Artificial Intelligence in Your Law Practice, Spring Meeting, Texas Association of Defense Counsel, 2025
  • AI and the Future of Law – Opportunities and Challenges, Winter Seminar, Texas Association of Defense Counsel, 2025
  • Microsoft Word for Lawyers, Motions Practice Boot Camp, Texas Association of Defense Counsel, 2024
  • AI and the Future of Law – Opportunities and Challenges, Spring Meeting, Texas Association of Defense Counsel, 2024
  • Virtual Depositions, Deposition Boot Camp, Texas Association of Defense Counsel, 2023
  • Force Multipliers at Trial – Trial Strategies to Overwhelm Your Opponents, Spring Meeting, Texas Association of Defense Counsel, 2022
  • Handling Ethical Issues in Construction Contracting, Construction Contract Workshop, HalfMoon Education, 2018
  • Trial Academy, Texas Association of Defense Counsel, 2016
  • Recognizing and Handling Ethical Issues in Construction Contracting, Construction Contract Workshop, HalfMoon Education, 2015
  • Texas Young Lawyers Association Projects, Galveston County Bar Association, 2012
  • Social Media for Lawyers, Galveston County Bar Association, 2011
  • Take the High Road – It Will Serve You Well, Summer Seminar, Texas Association of Defense Counsel, 2010
  • Wills for Heroes, 2007
  • People's Law School – Consumer Rights, 2004

Community Involvement

  • Former President, Board of Trustees – Trinity Episcopal School
  • Youth baseball coach
  • Resident of Galveston Island
  • Marathon runner (Chicago and Houston Marathons)