Preview
CAUSE NO. 04-01100-M
IN THE DISTRICT ‘
CRAIG DYER, 8
§
Plaintiff 3 _
v. § 298" JUDICIAL DISTRICT, ae
§ aay
DYER CUSTOM INSTALLATION, INC. § <
(DCI), JOSEPH GEETING, SUSAN §
LAMBERT, LARRY DYER and §
RICHARD GEETING §
§
Defendants § DALLAS COUNTY, TEXAS
PRO PLUMBING & APPLIANCE
INSTALLATION, INC. f/k/a DYER
CUSTOM INSTALLATION, INC.
IN THE DISTRICT COURT
Plaintiff,
vs. 298" JUDICIAL DISTRICT
CRAIG DYER, MELISA CONTRERAS
and THE ESTATE OF LARRY DYER
MNO MUN UN UN LO EN LD
Defendants, DALLAS COUNTY, TEXAS
MOTION FOR ENTRY OF JUDGMENT
TO THE HONORABLE JUDGE OF THIS COURT:
Melisa Contreras and The Estate of Larry Dyer, Third Party Defendants in the above-
entitled cause, files this motion for entry of Judgment and would show onto the court the following:
The trial in the above referenced cause began on June 21, 2010.
The Court rendered its directed verdict for Third Party Defendants, Melisa Contreras and
The Estate of Larry Dyer.
Melisa Contreras and The Estate of Larry Dyer, Third Party Defendants, requests to Court
to sign and enter the Final Judgment attached to this motion attached as “Exhibit A’.
JUDGMENT PAGE1
H\Clients\DycADCNPleadings\Dallas\Motion for Judgment (c).wpdPRAYER
Melisa Contreras and The Estate of Larry Dyer, Third Party Defendants prays that this Court
grant the Motion for Entry of Final Judgment and the Court sign and enter the proposed Final
Judgment attached to this motion as Exhibit “A” and for any other and further relief to which the
Third Party Defendants may show is justly entitled.
JUDGMENT
Respectfully Submitted,
Mark A. Hendrix
State Bar No.09460500°
MaddenSewell, LLP “
1755 Wittington Place, Suite 300
Dallas, Texas 75234
(972)484-7780
(972)484-7743 Facsimile
COUNSEL FOR THIRD PARTY DEFENDANTS
MELISA CONTRERAS AND THE ESTATE OF
LARRY DYER
PAGE 2
HAClients\Dyer\DCIP leadings\Dallas\Motion for Judgment (¢).wpdCERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing document has been served
upon Matthew Nowak, counsel for Defendants via certified mail this il day of August, 2010.
Mark A. Hendrix
JUDGMENT PAGE 3
H \Clients\DyertIXCIPleadings\Dallas\Motion for Judgment (c).wpdEXHIBIT
@ e iA
CAUSE NO. 04-01100-M
CRAIG DYER, § IN THE DISTRICT COURT OF
§
Plaintiff §
§
Vv. § 298" JUDICIAL DISTRICT
§
DYER CUSTOM INSTALLATION, INC. §
(DCI), JOSEPH GEETING, SUSAN §
LAMBERT, LARRY DYER and §
RICHARD GEETING §
§
Defendants § DALLAS COUNTY, TEXAS
PRO PLUMBING & APPLIANCE § IN THE DISTRICT COURT
INSTALLATION, INC. fik’a DYER §
CUSTOM INSTALLATION, INC. §
§
Plaintiff, §
§
vs. § 298" JUDICIAL DISTRICT
§
CRAIG DYER, MELISA CONTRERAS §
and THE ESTATE OF LARRY DYER §
§
Defendants, § DALLAS COUNTY, TEXAS
FINAL JUDGMENT
On June 21, 2010, the court called this case for trial. Third Party Defendants, Melisa
Contreras and The Estate of Larry Dyer appeared through counsel and announced ready for trial.
Third Party Plaintiff's, Pro Plumbing and Appliance Installation Inc., f/k/a Dyer Custom Installation
Inc. (OCI), appeared through counsel and announced ready for trial. The court determined it had
jurisdiction over the subject matter and the parties to this proceeding. The parties submitted all
matters in controversy, legal and factual, to the court and jury. The Court, having heard the
argument of counsel, rendered a directed verdict for Melisa Contreras and The Estate of Larry Dyer
on Third Party Plaintiff's declaratory judgment
JUDGMENT PAGE 1
H\Clients\Dyer\DCI\Pleadings\DallasUudgment (a).wpdThe Court found that third party DCI had no standing to challenge the assignments from
Third Party Defendant's to Craig Dyer and that they should receive a take nothing judgment.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that DCI's Declaratory
Judgment is denied and that judgment should be granted to Third Party Defendant's.
IT IS ALSO THEREFORE ORDERED, ADJUDGED AND DECREED that Third Party
Defendants, Melisa Contreras and The Estate of Larry Dyer recover from Third Party Plaintiff, Dyer
Custom Installation Inc. (DCI), the sum of $38,700.00 for attorneys fees and costs of Court.
Therefore, the Court orders execution to issue for this judgment.
The Court denies all relief not granted on this judgment.
SIGNED , 2010.
JUDGE PRESIDING
JUDGMENT PAGE 2
HiClientsiDyerCNPieadingsDallasUudgment (a).wpdMARK A. HENDRIX, Pt.
@\iadden | Sewell e
Four Hickory Centre
1755 Wittington Pla
Dallas, Te:
August 11, 2010
VIA CERTIFIED MAIL - 70083230000246398702
Clerk of the Court
298th District Court
8th Floor - New Tower
600 Commerce Street
Dallas, Texas 75202
RE: Cause No. 04-01100-M; Craig Dyer v. Dyer Custom Installation, Inc., et al.
Dear Clerk:
Enclosed please find an original and two copies of Melisa Contreras and The
Estate of Larry Dyer’s Motion for Entry of Judgment.
Please file the original with the Court and return the file-stamped copies in the
enclosed, postage paid envelope.
A copy of same is being provided to counsel for Defendant via Certified Mail. If
you have any questions, please do not hesitate to contact this office.
ee
1 WpsRnua ee
ic lt. Ma
sheeton McDonald Ld
Assistant for Mark A. Hendrix
cc: VIA CERTIFIED MAIL - 70083230000246398696
Matthew Nowak
NOWAK & STAUCH, LLP
4144 N. Central Expressway, Suite 300
Dallas, Texas 75204
Preview
CAUSE NO. 04-01100-M IN THE DISTRICT ‘ CRAIG DYER, 8 § Plaintiff 3 _ v. § 298" JUDICIAL DISTRICT, ae § aay DYER CUSTOM INSTALLATION, INC. § < (DCI), JOSEPH GEETING, SUSAN § LAMBERT, LARRY DYER and § RICHARD GEETING § § Defendants § DALLAS COUNTY, TEXAS PRO PLUMBING & APPLIANCE INSTALLATION, INC. f/k/a DYER CUSTOM INSTALLATION, INC. IN THE DISTRICT COURT Plaintiff, vs. 298" JUDICIAL DISTRICT CRAIG DYER, MELISA CONTRERAS and THE ESTATE OF LARRY DYER MNO MUN UN UN LO EN LD Defendants, DALLAS COUNTY, TEXAS MOTION FOR ENTRY OF JUDGMENT TO THE HONORABLE JUDGE OF THIS COURT: Melisa Contreras and The Estate of Larry Dyer, Third Party Defendants in the above- entitled cause, files this motion for entry of Judgment and would show onto the court the following: The trial in the above referenced cause began on June 21, 2010. The Court rendered its directed verdict for Third Party Defendants, Melisa Contreras and The Estate of Larry Dyer. Melisa Contreras and The Estate of Larry Dyer, Third Party Defendants, requests to Court to sign and enter the Final Judgment attached to this motion attached as “Exhibit A’. JUDGMENT PAGE1 H\Clients\DycADCNPleadings\Dallas\Motion for Judgment (c).wpdPRAYER Melisa Contreras and The Estate of Larry Dyer, Third Party Defendants prays that this Court grant the Motion for Entry of Final Judgment and the Court sign and enter the proposed Final Judgment attached to this motion as Exhibit “A” and for any other and further relief to which the Third Party Defendants may show is justly entitled. JUDGMENT Respectfully Submitted, Mark A. Hendrix State Bar No.09460500° MaddenSewell, LLP “ 1755 Wittington Place, Suite 300 Dallas, Texas 75234 (972)484-7780 (972)484-7743 Facsimile COUNSEL FOR THIRD PARTY DEFENDANTS MELISA CONTRERAS AND THE ESTATE OF LARRY DYER PAGE 2 HAClients\Dyer\DCIP leadings\Dallas\Motion for Judgment (¢).wpdCERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing document has been served upon Matthew Nowak, counsel for Defendants via certified mail this il day of August, 2010. Mark A. Hendrix JUDGMENT PAGE 3 H \Clients\DyertIXCIPleadings\Dallas\Motion for Judgment (c).wpdEXHIBIT @ e iA CAUSE NO. 04-01100-M CRAIG DYER, § IN THE DISTRICT COURT OF § Plaintiff § § Vv. § 298" JUDICIAL DISTRICT § DYER CUSTOM INSTALLATION, INC. § (DCI), JOSEPH GEETING, SUSAN § LAMBERT, LARRY DYER and § RICHARD GEETING § § Defendants § DALLAS COUNTY, TEXAS PRO PLUMBING & APPLIANCE § IN THE DISTRICT COURT INSTALLATION, INC. fik’a DYER § CUSTOM INSTALLATION, INC. § § Plaintiff, § § vs. § 298" JUDICIAL DISTRICT § CRAIG DYER, MELISA CONTRERAS § and THE ESTATE OF LARRY DYER § § Defendants, § DALLAS COUNTY, TEXAS FINAL JUDGMENT On June 21, 2010, the court called this case for trial. Third Party Defendants, Melisa Contreras and The Estate of Larry Dyer appeared through counsel and announced ready for trial. Third Party Plaintiff's, Pro Plumbing and Appliance Installation Inc., f/k/a Dyer Custom Installation Inc. (OCI), appeared through counsel and announced ready for trial. The court determined it had jurisdiction over the subject matter and the parties to this proceeding. The parties submitted all matters in controversy, legal and factual, to the court and jury. The Court, having heard the argument of counsel, rendered a directed verdict for Melisa Contreras and The Estate of Larry Dyer on Third Party Plaintiff's declaratory judgment JUDGMENT PAGE 1 H\Clients\Dyer\DCI\Pleadings\DallasUudgment (a).wpdThe Court found that third party DCI had no standing to challenge the assignments from Third Party Defendant's to Craig Dyer and that they should receive a take nothing judgment. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that DCI's Declaratory Judgment is denied and that judgment should be granted to Third Party Defendant's. IT IS ALSO THEREFORE ORDERED, ADJUDGED AND DECREED that Third Party Defendants, Melisa Contreras and The Estate of Larry Dyer recover from Third Party Plaintiff, Dyer Custom Installation Inc. (DCI), the sum of $38,700.00 for attorneys fees and costs of Court. Therefore, the Court orders execution to issue for this judgment. The Court denies all relief not granted on this judgment. SIGNED , 2010. JUDGE PRESIDING JUDGMENT PAGE 2 HiClientsiDyerCNPieadingsDallasUudgment (a).wpdMARK A. HENDRIX, Pt. @\iadden | Sewell e Four Hickory Centre 1755 Wittington Pla Dallas, Te: August 11, 2010 VIA CERTIFIED MAIL - 70083230000246398702 Clerk of the Court 298th District Court 8th Floor - New Tower 600 Commerce Street Dallas, Texas 75202 RE: Cause No. 04-01100-M; Craig Dyer v. Dyer Custom Installation, Inc., et al. Dear Clerk: Enclosed please find an original and two copies of Melisa Contreras and The Estate of Larry Dyer’s Motion for Entry of Judgment. Please file the original with the Court and return the file-stamped copies in the enclosed, postage paid envelope. A copy of same is being provided to counsel for Defendant via Certified Mail. If you have any questions, please do not hesitate to contact this office. ee 1 WpsRnua ee ic lt. Ma sheeton McDonald Ld Assistant for Mark A. Hendrix cc: VIA CERTIFIED MAIL - 70083230000246398696 Matthew Nowak NOWAK & STAUCH, LLP 4144 N. Central Expressway, Suite 300 Dallas, Texas 75204