Brian E. Vodicka, et al. v. Michael B. Tobolowsky, et al.

Dallas, Texas civil litigation lawyers represented the parties in a dispute over American Airlines AAdvantage miles.

Ira E. Tobolowsky filed a defamation suit against appellants in July 2015.
Following Ira Tobolowsky’s death in May 2016, Michael Tobolowsky, as executor
of the estate of Ira E. Tobolowsky, succeeded him as plaintiff. After a bench trial,
the trial court found against the appellants, jointly and severally, for $500,000.00
actual damages and $5,000,000.00 in exemplary damages. Appellant Vodicka
appealed the trial court’s judgment. This Court reduced the amount of exemplary
damages from $5,000,000.00 to $1,000,000.00. See Vodicka v. Tobolowsky, No. 05-
17-00727-CV, 2019 WL 1986625 at *6 (Tex. App.—Dallas May 6, 2019, no pet.)
(mem. op.).

On June 27, 2024, Tobolowsky filed an Application for Writ of Garnishment
naming American Airlines, Inc. as Garnishee. The Application stated that
Tobolowsky had reason to believe that American Airlines had property belonging to
appellants—the airline miles.

On August 27, 2027, the trial court signed an Agreed Final Judgment of
Garnishment in which it ordered that Tobolowsky have and recover against
Garnishee American Airlines the American Airlines AAdvantage accounts of
Vodicka, with a balance of 301,073 airline miles, and Aubrey, with a balance of
334,273 airline miles. The trial court’s Agreed Final Judgment did not assign a value
to the airline miles being transferred to Tobolowsky.

Appellants’ first, second, third, fourth, and sixth issues on appeal overruled;
appellants’ fifth issue on appeal sustained, and remand to the trial court for a
determination of the value of the airline miles.