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Biography
Diana L. Nichols received her bachelor of arts, magna cum laude, in 1988 from Texas State University and graduated summa cum laude in 1992 from Texas Tech University School of Law, where she also served on the Editorial Board of the Texas Tech Law Review. Ms. Nichols is Of Counsel in the firm's Litigation practice group.
Ms. Nichols' practice focuses primarily on creditors' rights and real estate disputes, although her experience also includes a broad range of complex litigation cases. Ms. Nichols represents creditors in negotiating workouts and in all aspects of litigation, including the defense of lender liability claims and the enforcement of creditors' rights, in both trial court and bankruptcy court. She has obtained and enforced numerous judgments. In the real estate litigation context, Ms. Nichols represents landlords in disputes with tenants. She also handles disputes regarding easements, encroachments, deed restrictions, ownership, and title. Her clients include special asset management companies, landlords, property owners' associations, and real estate developers.
Ms. Nichols enjoys spending time with her daughter, Evie. She also enjoys playing softball, cycling, and following college sports.
Education & Honors
Texas State University, magna cum laude, 1988
Texas Tech University School of Law, summa cum laude, 1992
Texas Tech Law Review - Board of Editors, 1991-1992; Staff Member 1990-1991
Order of the Coif
Admission & Affiliations
Texas, 1992
U.S. District Court, Northern District of Texas, 1994
U.S. District Court, Western District of Texas, 1995
U.S. District Court, Southern District of Texas, 2004
State Bar of Texas
Austin Bar Association, Financial Institutions Section
Travis County Women Lawyers' Association
Significant Matters
Represented holder of multi-million note secured by real estate in negotiating work-out agreement with borrower
Lead counsel in federal court lawsuit to enforce half a million dollar promissory note in the face of several lender liability counterclaims and challenge that the note was invalid because the corporate agent who executed it lacked authority
Lead trial counsel in lawsuit to construe restrictive covenants. Opponents sought to restrict developer from developing anything other than single-family housing. Developer was instead allowed to develop a commercial complex
Co-counsel in federal court lawsuit to enforce guaranty of $6.5 million promissory note in the face of numerous lender liability counterclaims. Tried the case and obtained judgment in favor of lender for full amount owed
Lead counsel representing owner of a partial interest in a promissory note and deed of trust lien. Obtained injunctive relief against co-owner and then obtained summary judgment allowing judicial foreclosure of the lien
Co-counsel in federal court lawsuit to determine priority of two competing liens against a hotel and resort. Obtained judgment declaring that client's lien was superior
Lead counsel in lawsuit to defend the validity of a deed conveying several properties against challenges that the deed was invalid due to fraud, undue influence and lack of mental capacity | 