On August 16, 2022 a
Motion,Ex Parte
was filed
involving a dispute between
City Waste Lp,
Coastal Compaction,
and
Bbm Terminals Corp,
Sesco Terminals Corp,
for Debt/Contract - Debt/Contract
in the District Court of Harris County.
Preview
CAUSE NO.
CITY WASTE, LP d/b/a THE DISTRICT COURT OF
COASTAL COMPACTION
Plaintiff
HARRIS COUNTY, TEXAS
SESCO TERMINALS CORP f/k/a
BBM TERMINALS CORP.
Defendant JUDICIAL DISTRICT
PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT
This Motion for Partial Summary Judgment is brought on behalf of Plaintiff City Waste,
LP d/b/a Coastal Compaction Coastal seeking summary judgment as a matter of law pursuant
to TRCP 166a(a) on Plaintiff’s sworn account claim.
On or about 4/2/2020, Plaintiff and Defendant entered into a written agreement for waste
removal services. Pursuant to the agreement, Plaintiff provided services and generated invoices
which contain a systematic record of the transactions. Attached in support is the Affidavit of Rich
Morrison which includes 4 pages of invoices which show past-due balances totaling $5,369.76.
Plaintiff’s Original Petition contains an affidavit and account as required by TRCP 185
Suit on Account”). Defendant has not filed a sworn denial compliant with TRCP 185. Therefore,
per TRCP 185, Defendant cannot deny the validity of the claim. The Houston 1 Court of Appeals
has explained: “If the defendant fails to file a verified denial to the sworn account, the sworn
account is received as prima facie evidence of the debt, and the plaintiff, as summary judgment
movant, is entitled to summary judgment on the pleadings.” Bavishi v. Sterling Air Conditioning,
Inc., No. 01-10-00610-CV, 2011 Tex. App. LEXIS 6271, at *16 (Tex. App. Houston [1st Dist.]
Aug. 11, 2011, no pet.).
Plaintiff therefore requests that the Court grant Plaintiff partial summary judgment on
Plaintiff’s sworn account claim liability and actual damages the amount of $ .
PRAYER
Plaintiff requests and prays that the Court grant Plaintiff partial summary judgment on
Plaintiff’s sworn account claim and such other and further relief to which Plaintiff may be justly
entitled.
Respectfully submitted,
GAUNTT KOEN BINNEY & KIDD, LLP
/s/ Noah Meek
By:______________________________
A. Scott Kidd
State Bar No. 11381980
E-mail: scott.kidd@gkbklaw.com
Noah Meek
State Bar No. 24084554
E-mail: noah.meek@gkbklaw.com
25700 I-45 North, Suite 130
Spring, Texas 77386
Phone: (281) 367-6555
Fax: (281) 367-3705
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE
This is to certify that on this 12th day of September, 2022, a true and correct copy of this
instrument was served upon all parties via E-Service in compliance with TRCP 21 and 21a.
/s/ Noah Meek
_________________________________
Noah Meek
2 of 2
Document Filed Date
September 12, 2022
Case Filing Date
August 16, 2022
Category
Debt/Contract - Debt/Contract
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CAUSE NO. CITY WASTE, LP d/b/a THE DISTRICT COURT OF COASTAL COMPACTION Plaintiff HARRIS COUNTY, TEXAS SESCO TERMINALS CORP f/k/a BBM TERMINALS CORP. Defendant JUDICIAL DISTRICT PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT This Motion for Partial Summary Judgment is brought on behalf of Plaintiff City Waste, LP d/b/a Coastal Compaction Coastal seeking summary judgment as a matter of law pursuant to TRCP 166a(a) on Plaintiff’s sworn account claim. On or about 4/2/2020, Plaintiff and Defendant entered into a written agreement for waste removal services. Pursuant to the agreement, Plaintiff provided services and generated invoices which contain a systematic record of the transactions. Attached in support is the Affidavit of Rich Morrison which includes 4 pages of invoices which show past-due balances totaling $5,369.76. Plaintiff’s Original Petition contains an affidavit and account as required by TRCP 185 Suit on Account”). Defendant has not filed a sworn denial compliant with TRCP 185. Therefore, per TRCP 185, Defendant cannot deny the validity of the claim. The Houston 1 Court of Appeals has explained: “If the defendant fails to file a verified denial to the sworn account, the sworn account is received as prima facie evidence of the debt, and the plaintiff, as summary judgment movant, is entitled to summary judgment on the pleadings.” Bavishi v. Sterling Air Conditioning, Inc., No. 01-10-00610-CV, 2011 Tex. App. LEXIS 6271, at *16 (Tex. App. Houston [1st Dist.] Aug. 11, 2011, no pet.). Plaintiff therefore requests that the Court grant Plaintiff partial summary judgment on Plaintiff’s sworn account claim liability and actual damages the amount of $ . PRAYER Plaintiff requests and prays that the Court grant Plaintiff partial summary judgment on Plaintiff’s sworn account claim and such other and further relief to which Plaintiff may be justly entitled. Respectfully submitted, GAUNTT KOEN BINNEY & KIDD, LLP /s/ Noah Meek By:______________________________ A. Scott Kidd State Bar No. 11381980 E-mail: scott.kidd@gkbklaw.com Noah Meek State Bar No. 24084554 E-mail: noah.meek@gkbklaw.com 25700 I-45 North, Suite 130 Spring, Texas 77386 Phone: (281) 367-6555 Fax: (281) 367-3705 ATTORNEYS FOR PLAINTIFF CERTIFICATE OF SERVICE This is to certify that on this 12th day of September, 2022, a true and correct copy of this instrument was served upon all parties via E-Service in compliance with TRCP 21 and 21a. /s/ Noah Meek _________________________________ Noah Meek 2 of 2