On December 20, 2013 a
Motion,Ex Parte
was filed
involving a dispute between
Market At Town Center Lp,
and
Mccoy, Bennie L,
Mccoy, Jacqueline A,
for OTHER (CIVIL)
in the District Court of Dallas County.
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FILED
DALLAS COUNTY
8/22/2014 2:39:10 PM
GARY FITZSIMMONS
DISTRICT CLERK
Hernandez Angelica
NO. DC-13-15013
MARKET AT TOWN CENTER, LP, § IN THE DISTRICT COURT
Plaintiff, §
§
§
vs. § DALLAS COUNTY, TEXAS
§
BENNIE L. MCCOY and §
JACQUELINE A. MCCOY, §
Defendants. § 162ND JUDICIAL DISTRICT
EX PARTE APPLICATION FOR TURNOVER ORDER
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW Applicant Market at Town Center, LP ("Plaintiff'), Plaintiff and
Judgment Creditor in this cause, and requests that the Court grant this Ex Parte Application for
Turnover Relief against Defendant and Judgment Debtor Bennie L. McCoy and Defendant and
Judgment Debtor Jacqueline A. McCoy (collectively, "Defendants"), as allowed under TEX. C1v.
PRAC. & REM. CODE § 31.002.
I.
BACKGROUND FACTS AND PROCEDURAL HISTORY
1. Plaintiff was awarded judgment against Defendants by this Court on July 1, 2014.
The judgment remains wholly unsatisfied.
II.
PROPERTY SUBJECT TO TURNOVER
2. Defendants own property described as:
A. 2003 Chevrolet Astrovan; VIN 1GNDMl9XX3B 108220; License Plate
529GYL;
EXP ARTE APPLICATION FOR TURNOVER ORDER PAGE1
B. 2001 Chevrolet Astrovan; VIN 1GCDM19W31B148894; License Plate
AW64171;
C. 1931 Chevrolet Sedan; VIN 2511835; License Plate N52RKX;
D. 2004 Ford F-150; VIN 2FTRX18W94CA51111; License Plate BF39062;
E. 1996 GMC 1500 truck; VIN 2GTEC19R1T1555116; License Plate
AF48571;
F. 2003 Infiniti G35; VIN JNKCV51E33M317210; License Plate BZ8N139;
G. 2014 Nissan Altima; VIN 1N4AL3AP2EN387451; License Plate
DJT5129;
H. 2014 Nissan Altima; VIN 1N4AL3AP3EN368200; License Plate
DPK2278;
I. 2003 Pace Box Trailer; VIN 47ZFB10123X026005; License Plate
05770L; and
J. 2005 Toyota Sequoia; VIN 5TDZT38A45S254652; License Plate
DN5K345.
3. This property cannot readily be attached or levied on by ordinary legal process.
Not all of these motor vehicles are exempt under any statute from attachment, execution, or
seizure for the satisfaction of liabilities, pursuant specifically to the provisions found in TEX.
PROP. CODE§ 42.002 et seq.
III.
MOTION FOR TURNOVER
4. Plaintiff moves the Court to order Defendants to turn over the property identified
above, together with all documents and records related to that property, to the Dallas County
EX PARTE APPLICATION FOR TURNOVER ORDER PAGE2
Constable, Precinct 3, at 10056 Marsh Lane, Suite 230, Dallas, Texas 75229, for sale as under
writ of execution and application, on or before September 22, 2014.
5. Plaintiff further requests that, to the extent that the property that is the subject of
this Application is continuous or repetitive in its benefits to Defendants, Defendants be ordered
to turn over those continuing or repetitive benefits immediately upon receipt, along with any
documentation of those benefits to the Dallas County Constable, Precinct 3.
6. Plaintiff further requests that Defendants be required to give an accounting to
Plaintiff, to be received by Plaintiffs attorney at the address shown below, no later than five (5)
business days after each delivery of property by Defendants to the Constable.
IV.
ATTORNEY'S FEES
7. Plaintiff is entitled to recover reasonable attorney's fees and costs, pursuant to
TEX. Crv. PRAC. & REM. CODE§ 31.002(e). Reasonable fees for the attorney's services rendered
and to be rendered are at least $750.
v.
PRAYER
WHEREFORE, Plaintiff respectfully requests that this Honorable Court:
A. Enter an ex parte order that Defendants turn over and deliver to the Dallas County
Constable, or, in the alternative, to a receiver duly appointed by the Court, without delay the
property identified in this Motion and all documents and/or records relating to the property;
EX P ARTE APPLICATION FOR TURNOVER ORDER PAGE3
B. Enter an ex parte order that Defendants turn over and deliver to the Dallas County
Constable without delay all non-exempt assets of Defendants and documents and/or records
relating to each asset;
C. Award Plaintiff its reasonable and necessary attorney's fees incurred in preparing
and presenting this Application; and
D. Award Plaintiff such other and further relief, at law or in equity, to which Plaintiff
shows itself justly entitled.
Respectfully submitted,
Isl Michael G. Oddo
Michael G. Oddo
TBA No. 15192100
mgoddo@hoaf.com
Ben A. West
TBA No. 24084074
HENRY ODDO AUSTIN & FLETCHER
A Professional Corporation
1700 Pacific Avenue, Suite 2700
Dallas, Texas 75201
Telephone: (214) 658-1900
Facsimile: (214) 658-1919
ATTORNEYS FOR
MARKET AT TOWN CENTER, LP
EXP ARTE APPLICATION FOR TURNOVER ORDER PAGE4
ORDER SETTING HEARING
A hearing on Plaintiffs Ex Parte Application for Turnover Order 1s set for
~~~~~~~~~-
, 2014 at o'clock .m.
Judge Presiding
EX PARTE APPLICATION FOR TURNOVER ORDER PAGES
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FILED DALLAS COUNTY 8/22/2014 2:39:10 PM GARY FITZSIMMONS DISTRICT CLERK Hernandez Angelica NO. DC-13-15013 MARKET AT TOWN CENTER, LP, § IN THE DISTRICT COURT Plaintiff, § § § vs. § DALLAS COUNTY, TEXAS § BENNIE L. MCCOY and § JACQUELINE A. MCCOY, § Defendants. § 162ND JUDICIAL DISTRICT EX PARTE APPLICATION FOR TURNOVER ORDER TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW Applicant Market at Town Center, LP ("Plaintiff'), Plaintiff and Judgment Creditor in this cause, and requests that the Court grant this Ex Parte Application for Turnover Relief against Defendant and Judgment Debtor Bennie L. McCoy and Defendant and Judgment Debtor Jacqueline A. McCoy (collectively, "Defendants"), as allowed under TEX. C1v. PRAC. & REM. CODE § 31.002. I. BACKGROUND FACTS AND PROCEDURAL HISTORY 1. Plaintiff was awarded judgment against Defendants by this Court on July 1, 2014. The judgment remains wholly unsatisfied. II. PROPERTY SUBJECT TO TURNOVER 2. Defendants own property described as: A. 2003 Chevrolet Astrovan; VIN 1GNDMl9XX3B 108220; License Plate 529GYL; EXP ARTE APPLICATION FOR TURNOVER ORDER PAGE1 B. 2001 Chevrolet Astrovan; VIN 1GCDM19W31B148894; License Plate AW64171; C. 1931 Chevrolet Sedan; VIN 2511835; License Plate N52RKX; D. 2004 Ford F-150; VIN 2FTRX18W94CA51111; License Plate BF39062; E. 1996 GMC 1500 truck; VIN 2GTEC19R1T1555116; License Plate AF48571; F. 2003 Infiniti G35; VIN JNKCV51E33M317210; License Plate BZ8N139; G. 2014 Nissan Altima; VIN 1N4AL3AP2EN387451; License Plate DJT5129; H. 2014 Nissan Altima; VIN 1N4AL3AP3EN368200; License Plate DPK2278; I. 2003 Pace Box Trailer; VIN 47ZFB10123X026005; License Plate 05770L; and J. 2005 Toyota Sequoia; VIN 5TDZT38A45S254652; License Plate DN5K345. 3. This property cannot readily be attached or levied on by ordinary legal process. Not all of these motor vehicles are exempt under any statute from attachment, execution, or seizure for the satisfaction of liabilities, pursuant specifically to the provisions found in TEX. PROP. CODE§ 42.002 et seq. III. MOTION FOR TURNOVER 4. Plaintiff moves the Court to order Defendants to turn over the property identified above, together with all documents and records related to that property, to the Dallas County EX PARTE APPLICATION FOR TURNOVER ORDER PAGE2 Constable, Precinct 3, at 10056 Marsh Lane, Suite 230, Dallas, Texas 75229, for sale as under writ of execution and application, on or before September 22, 2014. 5. Plaintiff further requests that, to the extent that the property that is the subject of this Application is continuous or repetitive in its benefits to Defendants, Defendants be ordered to turn over those continuing or repetitive benefits immediately upon receipt, along with any documentation of those benefits to the Dallas County Constable, Precinct 3. 6. Plaintiff further requests that Defendants be required to give an accounting to Plaintiff, to be received by Plaintiffs attorney at the address shown below, no later than five (5) business days after each delivery of property by Defendants to the Constable. IV. ATTORNEY'S FEES 7. Plaintiff is entitled to recover reasonable attorney's fees and costs, pursuant to TEX. Crv. PRAC. & REM. CODE§ 31.002(e). Reasonable fees for the attorney's services rendered and to be rendered are at least $750. v. PRAYER WHEREFORE, Plaintiff respectfully requests that this Honorable Court: A. Enter an ex parte order that Defendants turn over and deliver to the Dallas County Constable, or, in the alternative, to a receiver duly appointed by the Court, without delay the property identified in this Motion and all documents and/or records relating to the property; EX P ARTE APPLICATION FOR TURNOVER ORDER PAGE3 B. Enter an ex parte order that Defendants turn over and deliver to the Dallas County Constable without delay all non-exempt assets of Defendants and documents and/or records relating to each asset; C. Award Plaintiff its reasonable and necessary attorney's fees incurred in preparing and presenting this Application; and D. Award Plaintiff such other and further relief, at law or in equity, to which Plaintiff shows itself justly entitled. Respectfully submitted, Isl Michael G. Oddo Michael G. Oddo TBA No. 15192100 mgoddo@hoaf.com Ben A. West TBA No. 24084074 HENRY ODDO AUSTIN & FLETCHER A Professional Corporation 1700 Pacific Avenue, Suite 2700 Dallas, Texas 75201 Telephone: (214) 658-1900 Facsimile: (214) 658-1919 ATTORNEYS FOR MARKET AT TOWN CENTER, LP EXP ARTE APPLICATION FOR TURNOVER ORDER PAGE4 ORDER SETTING HEARING A hearing on Plaintiffs Ex Parte Application for Turnover Order 1s set for ~~~~~~~~~- , 2014 at o'clock .m. Judge Presiding EX PARTE APPLICATION FOR TURNOVER ORDER PAGES