By all accounts, Roger Gerdes is an obstinate litigant. Rather than forfeiting the Mexican real estate he lost as part of a state court judgment, Gerdes spent more than two years in jail on two separate contempt findings.

Symbolic of his stubbornness, Gerdes named a jackass on the Mexican property after Murray Fogler, the opposing counsel in Kennamer v. Gerdes , the suit that resulted in the civil judgment that sent Gerdes to jail twice for contempt. That jail time is the reason Gerdes subsequently filed Gerdes v. Fogler, et al. , a separate case in which Gerdes sued John Kennamer — his former business partner — Fogler, Kennamer’s lawyer, and Fogler’s former firm. The trial court dismissed Fogler in November 2007, and Houston’s 14th Court of Appeals heard arguments in the caseon Jan. 15.