Preview
Filed
10 June 1 P5:02
Amalia Rodriguez-Mendoza
District Clerk
Travis District
NO. D-1-GN-09-004373 D-1-GN-09-004378
WHEELER COATINGS ASPHALT, LP § IN THE DISTRICT COURT OF
VS.
TRAVIS COUNTY, TEXAS
MIKE WEYNAND dba
§
§
§
§
§
WEYNAND BUILDERS §
261% JUDICIAL DISTRICT
PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT
Plaintiff, WHEELER COMPANIES, A DIVISION OF APAC-TEXAS, INC., fka
WHEELER COATINGS ASPHALT, LP, asks the Court to enter a default Judgment against
Defendant, MIKE WEYNAND dba WEYNAND BUILDERS, and will show the Court as follows:
L
Plaintiff filed its Original Petition in this suit on December 23, 2009. Defendant, Mike
Weynand dba Weynand Builders, was served with citation and a copy of Plaintiff's Original Petition
on January 8, 2010. The citation and proof of service have been on file with the clerk at least 10
days, excluding the day of filing.
I
The deadline for Defendant to file his answer was February 1, 2010. Defendant has not filed
an answer or any pleadings constituting an answer and has not otherwise entered an appearance.
Tl.
Attached hereto is “Exhibit A,” which is a Certificate of Last Known Address for the
Defendant. Also attached is “Exhibit B,” which is an Affidavit of Defendant's military status.
IV.
Plaintiff sued Defendant, in part, to collect on an account as provided for by Rule 185 of the
1Texas Rules of Civil Procedure. Because Defendant did not file an answer as required by the Rule
185 and the claim is liquidated, Plaintiff requests a judgment in the principal sum of $1,466.50 plus
interest at the rate of 18% as provided for by Section 28.004 of the Texas Property Code from
August 17, 2007, the latest date the work was performed, until the date of judgment.
Vv.
Plaintiff requests reasonable attorney’s fees as provided for by Section 38.001 (1), (2), & (3)
of the Texas Civil Practice and Remedies Code.
PRAYER
For the reasons stated above, Plaintiff asks this Court to enter a default Judgment granting the
following relief:
(1) Plaintiffs actual damages, plus prejudgment and postjudgment interest as allowed by law;
(2) Plaintiff's attorney’s fees and expenses;
(3) Costs of court; and
(4) Such other and further relief as Plaintiff may be shown justly entitled to receive.
Respectfully submitted,
GOSSETT, HARRISON, MILLICAN,
STIPANOVIC & DEADMAN, P.C.
P.O. Drawer 911
San Angelo, TX 76902
(325) 653-3291/Telecopier No. (325) 655-6838
By:__\s\_Paul D. Stipanovic
Paul D. Stipanovic
State Bar No. 00795669
ATTORNEYS FOR PLAINTIFFNO, D-1-GN-09-004373
WHEELER COATINGS ASPHALT, LP § INTHE DISTRICT COURT OF
§
vs. §
§ TRAVIS COUNTY, TEXAS
§
MIKE WEYNAND dba §
WEYNAND BUILDERS § 261" JUDICIAL DISTRICT
EXHIBIT A
CERTIFICATE OF LAST KNOWN MAILING ADDRESS
I CERTIFY that the last known mailing address of the Defendant, MIKE WEYNAND
dba WEYNAND BUILDERS against whom judgment is taken in the above-entitled and
numbered cause, is:
2201 North Lamar, Suite 220
Austin, TX. 78705
(da Ge
Paul D. Stipahovie
Attorney for Wheeler Coatings Asphalt, LP
Page -1-NO. D-I-GN-09-004373
WHEELER COATINGS ASPHALT, LP § IN THE DISTRICT COURT OF
§
vs. §
§ TRAVIS COUNTY, TEXAS
§
MIKE WEYNAND dba
WEYNAND BUILDERS § 261" JUDICIAL DISTRICT
EXHIBIT B
NONMILITARY AFFIDAVIT
THE STATE OF TEXAS
§
COUNTY OF TOM GREEN 3
BEFORE ME, the undersigned authority, on this day personally appeared the undersigned
Affiant, who swore on oath that the following facts are true:
“Lam the attorney of record for Plaintiff in the above-entitled and numbered cause. To the
best of my knowledge, Mike Weynand, Defendant, was not in military service when this suit
was filed, has not been in military service at any time since then, and is not now in any
military service of the United States of America."
Paul D. (oe Affiant
SWORN TO AND SUBSCRIBED BEFORE ME, under my official hand and seal of
office, this _}”"_ day of June, 2010.
S. SIERAKOWSKIE
Notary Public #
= STATE OF TEXAS ¢
See" ay Comm. Exp. 06/1791)
Notary Public - State of Texas
Preview
Filed 10 June 1 P5:02 Amalia Rodriguez-Mendoza District Clerk Travis District NO. D-1-GN-09-004373 D-1-GN-09-004378 WHEELER COATINGS ASPHALT, LP § IN THE DISTRICT COURT OF VS. TRAVIS COUNTY, TEXAS MIKE WEYNAND dba § § § § § WEYNAND BUILDERS § 261% JUDICIAL DISTRICT PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT Plaintiff, WHEELER COMPANIES, A DIVISION OF APAC-TEXAS, INC., fka WHEELER COATINGS ASPHALT, LP, asks the Court to enter a default Judgment against Defendant, MIKE WEYNAND dba WEYNAND BUILDERS, and will show the Court as follows: L Plaintiff filed its Original Petition in this suit on December 23, 2009. Defendant, Mike Weynand dba Weynand Builders, was served with citation and a copy of Plaintiff's Original Petition on January 8, 2010. The citation and proof of service have been on file with the clerk at least 10 days, excluding the day of filing. I The deadline for Defendant to file his answer was February 1, 2010. Defendant has not filed an answer or any pleadings constituting an answer and has not otherwise entered an appearance. Tl. Attached hereto is “Exhibit A,” which is a Certificate of Last Known Address for the Defendant. Also attached is “Exhibit B,” which is an Affidavit of Defendant's military status. IV. Plaintiff sued Defendant, in part, to collect on an account as provided for by Rule 185 of the 1Texas Rules of Civil Procedure. Because Defendant did not file an answer as required by the Rule 185 and the claim is liquidated, Plaintiff requests a judgment in the principal sum of $1,466.50 plus interest at the rate of 18% as provided for by Section 28.004 of the Texas Property Code from August 17, 2007, the latest date the work was performed, until the date of judgment. Vv. Plaintiff requests reasonable attorney’s fees as provided for by Section 38.001 (1), (2), & (3) of the Texas Civil Practice and Remedies Code. PRAYER For the reasons stated above, Plaintiff asks this Court to enter a default Judgment granting the following relief: (1) Plaintiffs actual damages, plus prejudgment and postjudgment interest as allowed by law; (2) Plaintiff's attorney’s fees and expenses; (3) Costs of court; and (4) Such other and further relief as Plaintiff may be shown justly entitled to receive. Respectfully submitted, GOSSETT, HARRISON, MILLICAN, STIPANOVIC & DEADMAN, P.C. P.O. Drawer 911 San Angelo, TX 76902 (325) 653-3291/Telecopier No. (325) 655-6838 By:__\s\_Paul D. Stipanovic Paul D. Stipanovic State Bar No. 00795669 ATTORNEYS FOR PLAINTIFFNO, D-1-GN-09-004373 WHEELER COATINGS ASPHALT, LP § INTHE DISTRICT COURT OF § vs. § § TRAVIS COUNTY, TEXAS § MIKE WEYNAND dba § WEYNAND BUILDERS § 261" JUDICIAL DISTRICT EXHIBIT A CERTIFICATE OF LAST KNOWN MAILING ADDRESS I CERTIFY that the last known mailing address of the Defendant, MIKE WEYNAND dba WEYNAND BUILDERS against whom judgment is taken in the above-entitled and numbered cause, is: 2201 North Lamar, Suite 220 Austin, TX. 78705 (da Ge Paul D. Stipahovie Attorney for Wheeler Coatings Asphalt, LP Page -1-NO. D-I-GN-09-004373 WHEELER COATINGS ASPHALT, LP § IN THE DISTRICT COURT OF § vs. § § TRAVIS COUNTY, TEXAS § MIKE WEYNAND dba WEYNAND BUILDERS § 261" JUDICIAL DISTRICT EXHIBIT B NONMILITARY AFFIDAVIT THE STATE OF TEXAS § COUNTY OF TOM GREEN 3 BEFORE ME, the undersigned authority, on this day personally appeared the undersigned Affiant, who swore on oath that the following facts are true: “Lam the attorney of record for Plaintiff in the above-entitled and numbered cause. To the best of my knowledge, Mike Weynand, Defendant, was not in military service when this suit was filed, has not been in military service at any time since then, and is not now in any military service of the United States of America." Paul D. (oe Affiant SWORN TO AND SUBSCRIBED BEFORE ME, under my official hand and seal of office, this _}”"_ day of June, 2010. S. SIERAKOWSKIE Notary Public # = STATE OF TEXAS ¢ See" ay Comm. Exp. 06/1791) Notary Public - State of Texas