Starwood Mgmt., LLC by & Through Norma Gonzalez v. Don Swaim & Rose Walker, L.L.P., 530 S.W.3d 673 (Tex. 2017). · Go Syfert
Starwood Mgmt., LLC by & Through Norma Gonzalez v. Don Swaim & Rose Walker, L.L.P., 530 S.W.3d 673 (Tex. 2017). Cases Citing This Book View Copy Cite
147 citation events (147 in the last 25 years) across 8 distinct courts.
Strongest positive: Daniel v. Travis and Travis Brothers Building Automation Texas, LLC v. Tommy Travis (texapp, 2022-04-21)
Treatment trajectory · 2018 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Daniel v. Travis and Travis Brothers Building Automation Texas, LLC v. Tommy Travis (3×) also: Cited as authority (rule), Cited "see"
Tex. App. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
we review the rendition of summary judgments de novo. but we review a trial court's decision to exclude evidence for an abuse of discretion.
discussed Cited as authority (verbatim quote) Bryan Taylor and Melissa Taylor v. Baylor Scott & White Medical Center-Frisco
Tex. App. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
we review the rendition of summary judgments de novo. but we review a trial court's decision to exclude evidence for an abuse of discretion.
examined Cited as authority (verbatim quote) Tyrone Tanner v. Kathleen Black
Tex. App. · 2019 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
generally, in a legal malpractice case, expert witness testimony is required to rebut a defendant's motion for summary judgment challenging the causation element. to defeat such a motion, an expert affidavit must be probative and raise a fact issue.
discussed Cited as authority (quoted) Lujan v. Navistar, Inc.
Tex. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
we review the rendition of summary judgments de novo. but we review a trial court's decision to exclude evidence for an abuse of discretion.
cited Cited as authority (rule) Charles Louis Hogan, Jr. v. Kenneth Everett
txctapp4 · 2026 · confidence medium
Starwood Mgmt., LLC v. Swaim, 530 S.W.3d 673, 678 (Tex. 2017) (per curiam).
cited Cited as authority (rule) Andrew Woodward v. Corner West, LLC D/B/A the Dogwood
txctapp3 · 2026 · confidence medium
See Baylor Univ. v. Sonnichsen, 221 S.W.3d 632, 635 (Tex. 2007) (special exceptions); Starwood Mgmt., LLC v. Swaim, 530 S.W.3d 673, 678 (Tex. 2017) (evidentiary rulings).
cited Cited as authority (rule) Robert Sekula and Jessica Sekula v. B&M Vacation Properties, LLC
Tex. App. · 2025 · confidence medium
LLC v. Swaim, 530 S.W.3d 673, 678 (Tex. 2017) (per curiam).
cited Cited as authority (rule) Joshua L. Jones v. Springboard CDFI 23-2 LP
Tex. App. · 2025 · confidence medium
Starwood Mgmt., LLC v. Swaim, 530 S.W.3d 673, 678 (Tex. 2017).
discussed Cited as authority (rule) State of Texas, Maxx Juusola, Tracy Martin, and Alan Crider v. City of Dallas, Kimberly Bizor Tolbert, in Her Official Capacity as the Interim City Manager for the City of Dallas and the State Fair of Texas (2×)
Tex. App. · 2025 · confidence medium
Corp. v. City of Dallas, 197 S.W.3d 371, 374 (Tex. 2006) ............................................................................. 23 vii Republican Party of Tex. v. Dietz, 940 S.W.2d 86, 91 (Tex. 1997) ................................................................................. 30 Severance v. Patterson, 370 S.W.3d 705, 709 (Tex. 2012) ............................................................................. 33 Smith v. Estill, 87 Tex. 264, 271 , 28 S.W. 801, 805 (1894) ............................................................... 27 Starwood Mgmt., LLC v. Swaim, 530 S.W.3d 673…
cited Cited as authority (rule) New Braunfels Stewardship Properties, LLC and Harold T. Ray, III v. Circle F Investments, LP and Original DFI, LLC
Tex. App. · 2025 · confidence medium
LLC v. Swaim, 530 S.W.3d 673, 678 (Tex. 2017) (per curiam).
cited Cited as authority (rule) Carmen Aleman v. Standard Casualty Company
Tex. App. · 2025 · confidence medium
Starwood Mgmt., LLC v. Swaim, 530 S.W.3d 673, 678 (Tex. 2017); Holland v. Mem’l Hermann Health Sys., 570 S.W.3d 887 , 893–94 (Tex. App.—Houston [1st Dist.] 2018, no pet.).
cited Cited as authority (rule) Nyla Lamb v. Tarrant County, Texas
Tex. App. · 2025 · confidence medium
Starwood Mgmt., LLC v. Swaim, 530 S.W.3d 673, 678 (Tex. 2017); DeSoto Wildwood Dev., Inc. v. City of Lewisville, 184 S.W.3d 814, 827 (Tex. App.—Fort Worth 2006, no pet.).
discussed Cited as authority (rule) The Board of Regents of the Texas A&M University System v. BE&K Building Group, LLC
Tex. App. · 2025 · confidence medium
“To avoid being conclusory, the affidavit must explain ‘how and why ….’” Starwood Mgmt., LLC v. Swaim, 530 S.W.3d 673, 679 (Tex. 2017) (per 20 curiam) (quoting Jelinek v. Casas, 328 S.W.3d 526, 536 (Tex. 2010)).
discussed Cited as authority (rule) Danny Campbell v. Hendershot Equipment Co., Inc
Tex. App. · 2025 · confidence medium
A trial court abuses its discretion if it acts in an arbitrary or unreasonable manner and “without reference to any guiding rules and principles.” Starwood Mgmt., LLC v. Swaim, 530 S.W.3d 673, 678 (Tex. 2017) (quoting Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238 , 241–42 (Tex. 1985)).
cited Cited as authority (rule) City of Houston v. Jarrett Johnson
Tex. App. · 2025 · confidence medium
Gonzalez v. Swaim, 530 S.W.3d 673, 678 (Tex. 2017) (per curiam).
discussed Cited as authority (rule) Gulf & Western Industries, LLC, Carlos Eduardo Buchanan II, and Dale Edwin Toney v. New Century Financial, Inc.
Tex. App. · 2025 · confidence medium
Hinojosa v. Koen, No. 04-18-00907-CV, 2019 Tex. App. LEXIS 9707 , *5 (Tex. App.—San Antonio Nov. 6, 2019, pet denied) (mem. op.) (citing Starwood Mgmt., LLC v. Swaim, 530 S.W.3d 673, 678 (Tex. 2017) (per curiam).
cited Cited as authority (rule) Jojo Arthur v. Braeburn Plaza Inc. HOA
Tex. App. · 2025 · confidence medium
Lujan, 555 S.W.3d at 84–85; Starwood Mgmt., LLC v. Swaim, 530 S.W.3d 673, 678 (Tex. 18 2017).
cited Cited as authority (rule) Remnant Assets, LLC v. Permico Royalties, LLC; Parkcrest Minerals, LLC; And David B. Roemer
Tex. App. · 2025 · confidence medium
Id. (citing Starwood Mgmt., LLC v. Swaim, 530 S.W.3d 673, 678 (Tex. 2017)).
cited Cited as authority (rule) Gilbert J. Moore, III, Douglas William Moore and Ann Elizabeth Moore Holland v. West Bend Energy Partners, LLC
Tex. App. · 2024 · confidence medium
Gilbert v. Kalman, 650 S.W.3d 135 , 143 (Tex. App.—El Paso 2021, no pet.) (citing Starwood Management LLC v. Swaim, 530 S.W.3d 673, 678 (Tex. 2017) (per curiam)).
cited Cited as authority (rule) John Schumacher v. Charles Trois
Tex. App. · 2024 · confidence medium
Starwood Mgmt., LLC v. Swaim, 530 S.W.3d 673, 678 (Tex. 2017).
examined Cited as authority (rule) Nicholas Marteny v. Brent W. Coon and Brent W. Coon, PC D/B/A Brent Coon & Associates (6×) also: Cited "see", Cited "see, e.g."
Tex. App. · 2024 · confidence medium
See USA Lending Grp., Inc. v. Winstead PC, 669 S.W.3d 195 , 200 (Tex. 2023); Starwood Mgmt., LLC v. Swaim, 530 S.W.3d 673, 678 (Tex. 2017).
cited Cited as authority (rule) Jeffrey Hammond and Callie Hammond v. Crista L. Hanser, Jeffrey W. Connell, Michael W. Clapp, DSJMM, LLC and Flutobo, Inc. D/B/A Keller Williams Realty Northeast
Tex. App. · 2024 · confidence medium
Starwood Mgmt., LLC v. Swaim, 530 S.W.3d 673, 678 (Tex. 2017) (per curiam).
discussed Cited as authority (rule) Margaret Gonzales v. Carol Patterson and Leola Carman
Tex. App. · 2024 · confidence medium
A trial court abuses its discretion “by acting ‘without reference to any guiding rules and principles.’” Starwood Mgmt., LLC v. Swaim, 530 S.W.3d 673, 678 (Tex. 2017) (per curiam) (citing Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238 , 241–42 (Tex. 1985)).
cited Cited as authority (rule) David Cantu and Michelle Cantu v. Sandra Bravo and Jean Gross
Tex. App. · 2024 · confidence medium
Starwood Mgmt., LLC by and through Gonzalez v. Swaim, 530 S.W.3d 673, 678 (Tex. 2017) (per curiam).
cited Cited as authority (rule) Levy Architects, PLLC and SVL Ventures, LLLP v. Michael Gin
Tex. App. · 2024 · confidence medium
Starwood Mgmt., LLC v. Swaim, 530 S.W.3d 673, 678 (Tex. 2017) (per curiam).
cited Cited as authority (rule) Remnant Assets, LLC v. Permico Royalties, LLC Parkcrest Minerals, LLC And David B. Roemer
Tex. App. · 2024 · confidence medium
Id. (citing Starwood Mgmt., LLC v. Swaim, 530 S.W.3d 673, 678 (Tex. 2017)).
cited Cited as authority (rule) Jayme Bobette Estes (Cross-Appellee) v. Terry Leifeste, Individually and as Trustee of the Leifeste 2001 Descendants Trust (Cross-Appellant)
Tex. App. · 2024 · confidence medium
Starwood Mgmt., LLC v. Swaim, 530 S.W.3d 673, 678 (Tex. 2017).
cited Cited as authority (rule) Kimberly Conlee v. ASI Lloyds
Tex. App. · 2024 · confidence medium
Starwood Mgmt., LLC v. Swaim, 530 S.W.3d 673, 678 (Tex. 2017) (per curiam); Chandler v. CSC Applied Techs., LLC, 376 S.W.3d 802, 824 (Tex. App.—Houston [1st Dist.] 2012, pet. denied).
cited Cited as authority (rule) Nb 2021 Gp, LLC, and Nb 2021, Lp v. Fm 725 LLC
Tex. App. · 2024 · confidence medium
“Conclusory affidavits are not probative.” Starwood Mgmt., LLC by & through Gonzalez v. Swaim, 530 S.W.3d 673, 679 (Tex. 2017).
cited Cited as authority (rule) Blayne Williams v. City of Austin
Tex. App. · 2024 · confidence medium
LLC v. Swaim, 530 S.W.3d 673, 678 (Tex. 2017) (per curiam).
cited Cited as authority (rule) Tessmer Law Firm, P.L.L.C.: Rosalinda Gomez and Jose Guadalupe Guel v. Johnny Carrillo, Suzette Carrillo and Isaiah J. Carrillo
Tex. App. · 2024 · confidence medium
Starwood Mgmt., LLC v. Swaim, 530 S.W.3d 673, 678 (Tex. 2017).
cited Cited as authority (rule) In Re: Harley David Belew v. the State of Texas
Tex. App. · 2024 · confidence medium
LLC v. Swaim, 530 S.W.3d 673, 678 (Tex. 2017) (per curiam).
cited Cited as authority (rule) Crystiam Nava Quintero on Own Behalf and Samira and Camila Camacho Nava v. Michael Joseph Alvarez and Liberty County Mutual Insurance Company
Tex. App. · 2024 · confidence medium
Starwood Mgmt., LLC v. Swaim, 530 S.W.3d 673, 678 (Tex. 2017).
cited Cited as authority (rule) City of Stephenville, Self-Insured v. Anna Belew, Jodi Belew, Minor C.B., and Minor R.B.
Tex. App. · 2024 · confidence medium
Starwood Mgmt., LLC v. Swaim, 530 S.W.3d 673, 678 (Tex. 2017).
cited Cited as authority (rule) The State of Texas v. Three Thousand, Seven Hundred Seventy-Four Dollars, and Twenty-Eight Cents U.S. Currency ($3,774.28)
Tex. App. · 2024 · confidence medium
Starwood Mgmt., LLC v. Swaim, 530 S.W.3d 673, 678 (Tex. 2017).
discussed Cited as authority (rule) In the Matter of the Marriage of Tiffany M. Lynch and Scott P. Lynch and in the Interest of W.C.L., E.S.L., L.M.L., J.E.L., and D.T.L., Children v. the State of Texas
Tex. App. · 2023 · confidence medium
This is because “a party’s complaints that an . . . expert’s testimony did not consider all the relevant 8 Although Edgar sought medical treatment for sleepwalking and urinating, the trial court could have found that this matter was not relevant to the issue of conservatorship. 12 facts ‘go to its weight, not its admissibility.’” See Starwood Mgmt., LLC by & through Gonzalez v. Swaim, 530 S.W.3d 673, 681 (Tex. 2017) (per curiam) (quoting Ford Motor Co. v. Ledesma, 242 S.W.3d 32 , 40–41 (Tex. 2007)).
cited Cited as authority (rule) The Bank of San Antonio and Texas Express Funding, LLC v. Dewey Bryant and Paul Weaver
Tex. App. · 2023 · confidence medium
LLC v. Swaim, 530 S.W.3d 673, 678 (Tex. 2017) (per curiam); Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241-42 (Tex. 1985).
cited Cited as authority (rule) Baxsto, LLC v. ROXO Energy Company, LLC ROXO Energy, LLC REC Minerals, LLC ROXO FW, LLC And Vortus Investment Advisors, LLC
Tex. App. · 2023 · confidence medium
Lujan v. Navistar, Inc., 555 S.W.3d 79, 84 (Tex. 2018) (citing Starwood Mgmt., LLC v. Swaim, 530 S.W.3d 673, 678 (Tex. 2017)).
discussed Cited as authority (rule) Dallas County Hospital District D/B/A Parkland Health and Hospital System v. Sheri Kowalski
Tex. App. · 2023 · confidence medium
Starwood Mgmt., LLC v. Swaim, 530 S.W.3d 673, 678 (Tex. 2017) (per curiam); Holloway v. Dekkers, 380 S.W.3d 315, 320 (Tex. App.—Dallas 2012, no pet.); see also Seim v. Allstate Tex. Lloyds, 551 S.W.3d 161, 163 (Tex. 2018) (per curiam) (“The same evidentiary standards that apply in trials also control the admissibility of evidence in summary-judgment proceedings.”).
cited Cited as authority (rule) the Estate of Joseph Abraham, Sr.
Tex. App. · 2022 · confidence medium
LLC v. Swaim, 530 S.W.3d 673, 678 (Tex. 2017) (per curiam).
cited Cited as authority (rule) Maria Cristina Chirolla Donnelly v. John P. Donnelly, Eric Donnelly, & Mark Donnelly
Tex. App. · 2022 · confidence medium
Lujan v. Navistar, Inc., 555 S.W.3d 79, 84 (Tex. 2018) (citing Starwood Mgmt., LLC v. Swaim, 530 S.W.3d 673, 678 (Tex. 2017)).
discussed Cited as authority (rule) Duncan Litigation Investments, LLC v. Baker, Donelson, Bearman, Caldwell & Berkowitz, A Professional Corporation
S.D. Tex. · 2022 · confidence medium
In that inquiry, “the actual result with the alleged misconduct or omission is compared to a hypothetical result the plaintiff claims would have occurred absent the misconduct or omission.” Starwood Management, LLC by and through Gonzalez v. Swaim, 530 S.W.3d 673, 679 (Tex. 2017).
cited Cited as authority (rule) Demetrius Grant v. Wind Turbine and Energy Cables Corp. and Arrow Personnel, LLC
Tex. App. · 2022 · confidence medium
Gonzalez v. Swaim, 530 S.W.3d 673, 678 (Tex. 2017); Hobson v. Francis, No. 02-18-00180-CV, 2019 WL 2635562 , at *6 (Tex. App.—Fort Worth June 27, 2019, no pet.) (mem. op.).
cited Cited as authority (rule) Qualon Douglas v. Farmers Insurance Federal Credit Union
Tex. App. · 2022 · confidence medium
Starwood Mgmt., LLC v. Swaim, 530 S.W.3d 673, 678 (Tex. 2017).
cited Cited as authority (rule) Sandra Smith Brown, Independent of the Estate of R.J. Smith, Jr. v. William Charles Underwood, Jan Ann Underwood, and Rosanne Underwood Gerrard
Tex. App. · 2022 · confidence medium
Id. (citing Starwood Mgmt., LLC v. Swaim, 530 S.W.3d 673, 678 (Tex. 2017)).
discussed Cited as authority (rule) River Plantation Community Improvement Association v. River Plantation Properties LLC and Preisler Golf Properties LLC
Tex. App. · 2022 · confidence medium
In 1969, for the first time, the Texas 15 Lujan v. Navistar, Inc., 555 S.W.3d 79, 84 (Tex. 2018). 16 See Starwood Mgmt., LLC v. Swaim, 530 S.W.3d 673, 678 (Tex. 2017). 17 Id. (quoting Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238 , 241- 42 (Tex. 1985)); Tex. Civ.
cited Cited as authority (rule) Moses Malone Junior v. James Harden
Tex. App. · 2022 · confidence medium
Starwood Mgmt., LLC v. Swaim, 530 S.W.3d 673, 678 (Tex. 2017).
cited Cited as authority (rule) Roy Callaway v. Robert Lee State Bank
Tex. App. · 2022 · confidence medium
Id. at 84–85 (citing Starwood Mgmt., LLC v. Swaim, 530 S.W.3d 673, 678 (Tex. 2017)).
cited Cited as authority (rule) Regina Kay Smith and Jeffrey Scott Grove, as Surviving Parents of Brittany Dawn Grove v. USI Industrial Services, Inc.
Tex. App. · 2021 · confidence medium
Starwood Mgmt., LLC v. Swaim, 530 S.W.3d 673, 678 (Tex. 2017).
Retrieving the full opinion text from the archive…
STARWOOD MANAGEMENT, LLC BY AND THROUGH Norma GONZALEZ, Petitioner,
v.
Don SWAIM and Rose Walker, L.L.P., Respondents
16-0431.
Texas Supreme Court.
Sep 29, 2017.
530 S.W.3d 673
Byron C. Keeling, Anná E. Fredrickson, Keeling & Downes, P.C., Houston, Ross A. Sears II, Sears & Crawford, LLP, Houston, for Petitioner., Thad D. Spalding, Morgan A. McPheet-ers, Kelly, Durham & Pittard, LLP, Dallas, Daniel D. Tostrud, Matthew E. Last, Cobb Martinez Woodward PLLC, Dallas, for Respondents.
Per Curiam.
Cited by 98 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 60%
Citer courts: Texas Supreme Court (1)
PER CURIAM

The question in this legal malpractice case is whether an expert witness affidavit is conclusory regarding causation. The trial court concluded that it is. The court of appeals affirmed. We disagree. We reverse and remand to the court of appeals for further proceedings.

Norma Gonzalez, an American citizen, is the owner and sole managing member of Starwood Management, LLC, a charter aircraft company. Ed Nunez, a Starwood employee who. was not a U.S. citizen, registered a 1982 Gulfstream aircraft in Star-wood’s name and signed the application as Starwood’s “Manager.” The aircraft was seized by the Drug Enforcement Administration (DEA) pursuant to a federal statute that prohibits a business entity that is owned or controlled by less than 75% U.S. citizens from registering an airplane. 49 U.S.C. §§ 40102(a)(15)(C), 46306(b). Because Nunez signed as manager, the DEA concluded that the aircraft’s registration violated the relevant statutory provisions.[*677] Starwood’s insurer, Chartis Aerospace Insurance, retained attorney Don Swaim of the Rose Walker, L.L.P. firm to attempt to recover the aircraft.

After the seizure, the DEA sent Star-wood a notice containing procedures for challenging the seizure and seeking return of the airplane. There were three options: (1) file suit in federal court, (2) file a Petition for Remission or Mitigation with the DEA Forfeiture Counsel, or (3) do both. Swaim chose to do both.

If the option to challenge the seizure in federal court is pursued, the DEA bears the initial burden to prove by a preponderance of the evidence that the seizure was proper. 18 U.S.C. § 983(c)(1). In order to pursue relief in court, however, notice of claim must be filed with the DEA Forfeiture Counsel within thirty days of receipt of the seizure notice. 28 C.F.R. § 9.4(a). Swaim did not file such a notice on behalf of Starwood. Instead, he simply filed suit to contest the seizure. Because the notice requirement was not met, the case was dismissed.

Swaim did, however, comply with requirements for the alternative procedure of petitioning for remission or mitigation. This procedure involves an in-house review process by the DEA in which the petitioner has the initial burden of establishing a vested legal right to the property and the innocent owner defense. See 28 C.F.R. § 9.5. But even if a petitioner such as Starwood establishes both, the DEA has complete discretion to return or retain the aircraft. See In re Matter of $67,170.00, 901 F.2d 1540, 1543 (11th Cir. 1990). Aftér Swaim filed the petition, the DEA subpoenaed Gonzalez for an interview. She invoked her Fifth Amendment rights and refused to testify. In light of her refusal, the DEA denied Starwood’s Petition for Remission.

At that point the only avenue to recover the airplane was a motion for the DEA to reconsider its denial of the Petition for Remission, which Swaim filed. After he did so, the DEA again sought to interview Gonzalez. This time she agreed to be interviewed, provided the interview would be limited to the events and issues surrounding seizure of the aircraft. The DEA insisted that she waive her Fifth Amendment privileges, however, and she refused to be interviewed. Following her refusal, the DEA denied Starwood’s motion. Having lost its challenges both in court and in the administrative process, Starwood lost the aircraft.

As it happens,. the DEA had seized not only the 1982 Gulfstream aircraft referenced above from Starwood, but six:more besides. Chartis retained attorney George Crow to represent Starwood in regard to the other seizures. Crow complied with the notice requirements for filing suit in federal court. In the five cases Crow was handling that had been disposed of at the time summary judgment was..sought in this case, three airplanes had been recovered for nominal settlement payments and two were recovered without conditions. Gonzalez was not subpoenaed or asked to submit to an interview with the DEA in any of the proceedings where Crow represented Star-wood. .

After these events unfolded, Starwood sued Swaim and Rose Walker (collectively, Swaim) for legal malpractice and breach of fiduciary duty in connection with the loss of’its 1982 Gulfstream. Swaim filed traditional and no-evidence motions for summary judgment, challenging the causation element of the legal malpractice claim and arguing that the breach 'of fiduciary duty claim was simply an alternative label for the malpractice claim and thus was precluded by the anti-fracturing rule.

[*678] In response to the motions for summary judgment, Starwood presented affidavits from attorneys Crow and Steve Jumes. Crow opined in his affidavit that “the five (5) aircraft were recovered quickly (between 6 to. 10 months) because the [DEA’s] case for seizure was weak.” He concluded that had Swaim, “faced with the same set of facts,” “properly file [sic] the verified claim, with the DEA Forfeiture Counsel then the aircraft would have been returned in the same manner as the five” that had been recovered so far, Thus, Crow-opined that Swaim’s negligent failure to comply with the notice requirements “caused the forfeiture” of the aircraft. Jumes's affidavit largely tracked Crow’s. Jumes came to essentially the same conclusions as did Crow, based on Crow’s experience regarding the planes he recovered.

Swaim objected to both affidavits on various grounds, including that they were speculative, hearsay, and “not competent expert witness summary judgment evidence.” The'trial court ruled that the affidavits would not be considered for summary judgment purposes, granted Swaim’s motions for summary judgment, dismissed the breach of fiduciary duty claim, and rendered' judgment that Starwood take nothing. ‘" '

The court of appeals affirmed, 530 S.W.3d 688, 703, 2016 WL 865305 (Tex. App.—Dallas 2016). In considering the affidavits, the court cited our opinion.in Eli-zondo v. Krist and held that the Crow affidavit was conclusory because Crow made “no case-by-case comparison of the facts in other aircraft seizures eases” with “the facts that are the subject of this case.” Id. at 699, 2016 WL 865305, at *8 (citing Elizondo v. Krist, 415 S.W.3d 259, 265 (Tex. 2013)). The court concluded that the Crow affidavit “says no more than that Crow, an experienced attorney, has considered the relevant facts and concluded that the aircraft would have been returned had [Swaim] filed a verified claim with the DEA Forfeiture Counsel.” Id. at 699, 2016 WL 865305, at *8. The court held that the Jumes affidavit was also conclusory’ because it, too, was “unsupported by any factual allegations.” Id. at 700, 2016 WL 865305, at *8. The court affirmed the dismissal of the breach of fiduciary duty'claim because the claim violated the anti-fracturing rule. Id. at 701-02, 2016 WL 865305, at *10 (“The anti-fracturing rule ‘prevents plaintiffs from converting what are actually professional negligence claims against an attorney into other claims....’” (quoting Won Pak v. Harris, 313 S.W.3d 454, 457 (Tex. App.—Dallas 2010, pet. denied))). Starwood challenges only the court of appeals’ determination that the Crow affidavit is conclusory.

We review the rendition of summary judgments de novo. Mid-Century Ins. v. Ademaj, 243 S.W.3d 618, 621 (Tex. 2007). But we review a trial court’s decision to exclude evidence for an abuse'of discretion. Nat’l Liab. & Fire Ins. v. Allen, 15 S.W.3d 525, 527-28 (Tex. 2000). We necessarily begin our review by considering whether the trial court, in striking the Crow affidavit, abused its discretion -by acting “without reference to any guiding rules and principles.” Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 241-42 (Tex. 1985).

To prove a legal malpractice claim, the former- client must show (1) the existence of a duty of care owed to the client,:(2) that the duty was breached,.and (3) that the breach proxiraately caused damage to-.the client. Stanfield v. Neubaum, 494 S.W.3d 90, 96 (Tex. 2016). It is the former client’s.-burden to prove proximate cause, which includes proof of cause in fact, See, e.g., Rogers v. Zanetti, 518 S.W.3d 394, 402 (Tex. 2017). The evidence[*679] of cause in fact is tested, in part, by means of the but-for test: would the harm alleged have occurred absent the attorney’s alleged breach. Id. at 403. In legal malpractice cases, this is a suit-within-a-suit inquiry—the actual result with the alleged misconduct or omission is compared to a hypothetical result the plaintiff claims would have occurred absent the misconduct or omission. M at 411-12,

Generally, in a legal malpractice case, expert witness testimony is required to ¡rebut a defendant’s motion for summary judgment challenging the causation element. See, e.g., id, at 405. To, defeat such a motion, an expert affidavit must be probative - and raise a fact issue. Ryland Grp. v. Hood, 924 S.W.2d 120, 121-22 (Tex. 1996). Conclusory affidavits are not probative. Id. To avoid being. conclusory, the affidavit must explain “how and why the negligence caused the injury.” Jelinek v. Casas, 328 S.W.3d 526, 536 (Tex. 2010). To that end, an expert’s opinion must set out a “demonstrable and reasoned basis on which to evaluate [the] opinion.” Elizondo, 415 S.W.3d at 265.

Swaim argues that Crow’s affidavit is conclusory on its face because it does not provide a demonstrable and reasoned basis for his conclusion. The court of appeals agreed, observing that the affidavit made no “case-by-case comparison of the facts in the other aircraft seizure cases [with] the facts-that are the subject of this case.” 530 S.W.3d at 699, 2016 WL 865305, at *8. We disagree with that conclusion. Recently, in Rogers v. Zanetti—which we decided after the court of appeals issued its opinion—we explained that the relevant question when addressing the adequacy of expert opinion affidavits in legal malpractice cases is “‘Why’: Why did the expert reach that particular opinion?” Rogers, 518 S.W.3d at 405. To demonstrate “why,” the affidavit must explain the link between the facts the expert relied upon and the opinion reached. See id.; Elizondo, 415 S.W.3d at 266.

Crow’s affidavit could have set out a more detailed basis for his opinion. But the extent of the detail into which the affidavit delved goes to quality, not adequacy. Crow’s ultimate conclusion was that had Swaim complied with the notice provisions required for the federal court proceedings, Starwood’s aircraft would have been recovered. So the inquiry becomes why did Crow come to that conclusion? See Rogers, 518 S.W.3d at 405. The basis for the conclusion was that Crow followed the prescribed methodology six times and had a perfect track record on the five cases disposed of as of the time the trial court granted summary judgment. The facts he relied on are both demonstrable and reasonable. They are demonstrable—as set out in his affidavit, he followed the method he says Swaim should' have followed, and in five of the cases the result was recovery of the aircraft. The other case remained pending at the time he executed his affidavit. And his reliance on the -high rate of success resulting from his complying with the DEA’s procedures to come to that conclusion is reasonable.

Swaim asserts that the sixth plane Crow attempted to recover was ultimately lost to the government. Starwood responds that the loss was because its insurer stopped providing a defense, but in any event the disposition of the sixth case was not part of the summary judgment evidence. And when appellate courts review no-evidence summary judgments, review is of “the evidence presented by the motion and response.” Timpte Indus., Inc. v. Gish, 286 S.W.3d 306, 310 (Tex. 2009) (quoting Mack Trucks, Inc. v. Tamez, 206 S.W.3d 572, 582 (Tex. 2006)).

[*680] Swaim argues that the Crow affidavit says nothing more than “Take my word for it, I know,” and is thus a conclu-sory ipse dixit. See Elizondo, 415 S.W.3d at 264. We disagree. The relevant inquiry regarding the question of whether an affidavit is an ipse dixit turns on the inferences, if any, required to bridge the gap between the underlying data and the expert’s rationale and conclusion. “[I]f there is ‘simply too great an analytical gap between the data and the opinion proffered,’” the testimony fails. Id, (quoting Gammill v. Jack Williams Chevrolet, Inc., 972 S.W.2d 713, 726 (Tex. 1998)). Here, the gap is not great. Crow did not simply state that Swaim would have succeeded had he followed the proper procedure. See Burrow v. Arce, 997 S.W.2d 229, 236 (Tex. 1999). Rather, based on his experience in following the DEA-prescribed procedures five times with success, as was set out in his affidavit and its attachments, Crow concluded that Swaim would have succeeded had he done likewise.

Swaim also argues that Crow’s affidavit is conclusory because it fails to address Gonzalez’s failure to testify and reasons why her testimony would not be necessary in this case. That argument likewise fails. The case-within-a-case inquiry requires a comparison between the actual result and a hypothetical result. Rogers, 518 S.W.3d at 407-08. The hypothetical result Crow expressed is that the airplane would have been returned without trial and without the necessity of Gonzalez’s testimony. Crow’s affidavit sets out the fact that Gonzalez’s testimony was not requested in the five cases he handled successfully. Thus, it was reasonable for Crow to conclude that her testimony would not have been required in this case.

Swaim also claims that Crow’s opinion that the DEA’s case was probably weak renders the affidavit conclusory. But Crow’s main conclusion is supported by a demonstrable and reasoned basis. Thus, an intermediate conclusion or subjective comment does not render the affidavit conclu-sory as a whole.

Next, Swaim argues—and the court of appeals implicitly agreed—that our opinions in Elizondo and Burrow require expert affidavits to provide a factual analysis of the comparators on which the expert relies. Thus, he posits, the Crow affidavit should have addressed differences and similarities between the seizure in this case and the other seizures such as differences in the registered owners, the planes’ values, and the jurisdictions of registration. We reject that interpretation. First, “different" cases involve different injuries and different causal links.” Rogers, 518 S.W.3d at 404. Thus, in each suit-within-a-suit inquiry, the comparison is dictated by the context of the alleged misfeasance. Burrow and Elizondo concerned inadequate settlement amounts obtained by the defendant-attorneys. Elizondo, 415 S.W.3d at 259; Burrow, 997 S.W.2d at 229. In both cases we concluded that the affidavits were conclusory because they did not explain the factual differences between the injuries of the underlying comparators and the malpractice plaintiffs injuries. In contrast, the Crow affidavit sets up the hypothetical inquiry as between mutually exclusive results: success or failure—either the plane is recovered or it is not.- While the seized airplanes were different models, with disparate values, seized in different states, and with different registered owners, differences between the airplane at issue here and the six others are not material because the basis for. Crow’s conclusion is rooted in procedure, not qualitative facts as to the aircraft. Further, the circumstances surrounding the other six seizures are demonstrated by the documents attached to Crow’s affidavit. Swaim claims[*681] that attaching the relevant documents generated in the six other cases was • not enough; Crow was required to specifically discuss and reference them in order to show that the facts in the other six seizures validate the comparison and Crow’s conclusion.

While Swaim’s argument has appeal, we think it reaches too far. Crow referenced the attached documents and a chart reflecting the disposition of the seizures in paragraph 13 of his affidavit. And he noted in his affidavit that his comparison to the other six cases was proper because the other seizures arose from “the .same set of facts.” See Allbritton v. Gillespie, Rozen, Tanner & Watsky, P.C., 180 S.W.3d 889, 893 (Tex. App.—Dallas 2005, pet. denied) (concluding that the trial court abused its discretion by striking an expert affidavit as conclusory when the affidavit provided a reasoned basis and listed the documents the expert reviewed in forming his opinion). In this instance, Crow’s references to and attachment of documentation concerning the comparators was sufficient. More importantly, and as' discussed above, the reason for Crow’s conclusion is not that the particular' airplanes and facts surrounding the seizures make' the- seizures similar, but that they are similar because the airplanes were all seized under the same statute and those he recovered were recovered by following the same procedures.

Next, Swaim argues that Crow’s affidavit is conclusory because it does not address certain reasons why Starwood could not have prevailed if the DEA had chosen to aggressively pursue the case in federal court. First, Swaim points to the affidavit’s failure to conclusively establish Gonzalez’s citizenship. Second, he references a number of other statutory violations that might have applied and been relied on by the DEA at trial and that Starwood might not have been able to overcome. Essentially, Swaim’s position would require expert witnesses to set out the factual and legal rationale for every possible exigency for hypothetical comparisons in their causation analyses. But this argument also misses the mark.

“[EJvidence of causation must show that the result in the hypothetical case would, more likely than not, be different than the result in the actually litigated case because of the additional evidence.” Rogers, 518 S.W.3d at 408. And as discussed above, the case-within-a-ease analysis requires a comparison of scenarios: the actual result and the hypothetical result advanced by the plaintiff. Here, the hypothetical result is the airplane’s successful recovery because the DEA would not have pursued the matter in federal court. The basis for that hypothetical result is the DEA’s decision not to do so in the five other seizures Grow handled. Under this hypothetical result, Gonzalez’s citizenship and the likelihood of overcoming trial burdens and other allegations are irrelevant because the claim is that the case would not have gone to trial. The DEA did not meet the burden to prove that the seizures were proper in any of the comparators. Thus, analysis regarding ultimate victory on the merits is unnecessary because, as the affidavit sets out, “more likely than not,” those issues would have never come up.

It is unnecessary for an expert in a case, such as this to provide a legal analysis of every possible exigency, no matter how remote. Indeed, in Ford Motor Co. v. Ledesma, we held that a party’s complaints that an opposing expert’s testimony did not consider all the relevant facts “go to its weight, not its admissibility.” 242 S.W.3d 32, 40-41 (Tex. 2007). Had the summary judgment evidence shown that Crow was successful in recovering[*682] some of the airplanes but hot others,- then a more detailed analysis of the merits might have been necessary. But this affidavit, on these facts,' only asserts that had Swaim challenged the seizure by complying with the notice requirements, the DEA likely would have yielded as it did in the other cases.

' Because the' affidavit is not conclusory, we grant the petition for review. Without hearing oral argument, we reverse the court of appeals’ judgment and remand the case to the court of appeals for it to consider the issues that it did not reach. See Tex. R. App. P. 59.1.