Preview
Filed
7/10/2019 4:29 PM
Beverley McGrew Walker
District Clerk
Fort Bend County, Texas
Erica Rodriguez
NO. 17-DCV-243655
v
DAVID H. HAMILTON, AS TRUSTEE § IN THE DISTRICT COURT
OF T. H. TRUST §
Plaintiff, §
V. § 434TH JUDICIAL DISTRICT
ROBERT G. PATE AND JUDY K. PATE §
§
Defendants. § OF FORT BEND COUNTY, TEXAS
MOTION TO COMPEL RESPONSE TO DEMAND FOR ABSTRACT
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COME Defendants, Robert G. Pate and Judy K. Pate, Movants herein, and bring
this Motion to Compel against David H. Hamilton, as Trustee of T. H. Trust, Respondent, to
compel a response to Defendants’ prior Demand for Abstract, served almost two years ago. In
support thereof, Movants would show the Court the following:
I
Movants served their Demand for Abstract on David H. Hamilton, as Trustee of T. H. Trust
on or about August 16, 2017. A true and correct copy of said Demand for Abstract is attached
hereto and incorporated by reference as Exhibit "A."
IL.
As of the date of filing this motion, David H. Hamilton, as Trustee of T. H. Trust has not
provided any responses to the Demand for Abstract.
Til.
The documents requested are relevant to the subject matter in this pending cause and are
reasonably calculated to lead to discovery of admissible evidence. The above-entitled and
numbered cause is a case for trespass to try title. The documents requested are required by the
applicable rules.
IV.
After the defendant has answered the plaintiff's petition, either party may demandan
abstract
of title [Tex. R. Civ. P. 791-794; see Walkerv. Barrow, 464 S.W.2d 480, 486-489 (Tex.
Civ. App.—Houston [1st Dist.] 1971, wait ref’
d n.re.)]. The abstract enables the requesting party
to inspect the opposing party’ s documents and thereby prepare a more informed defense [Corder
v. Foster, 505 S.W.2d 645, 648 (Tex. Civ. App.— Houston
[1st Dist.] 1973, writ ref’'d nre.)]. The
demand for abstract must be by written notice and served on the opposing party not less than 10
days before
the trial [Tex. R. Civ. P. 791]. The abstract is to be filed with the papers of the cause
of action within 30 days after the service of the notice, or within such further time as the court may
grant on good cause shown. After notice and hearing prior to the beginning of trial, a party who
fails to file an abstract within the prescribed time period may be precluded by court order from
presenting written instruments that are evidence of his or her claim or title at trial [Tex. R. Civ. P.
792). The filing of an abstract constitutes an admission that the filing party claims through and
under the instrument in the abstract [Moran Corp. v. Brashear, 339 S.W.2d 557, 558 (Tex. Civ.
App.—San Antonio 1960, writ ref’ d)].
Vv
The abstract must state the nature of each document or written instrument intended to be
used as evidence and its date [Tex. R. Civ. P. 793(a)] orif a contract or conveyance, the date of
such contract
or conveyance, the parties thereto, the date of the proof of acknowledgement, and
before what officer the same was made [Tex. R. Civ. P. 793(b)]. Additionally, the abstract must
state where each document or written instrument is recorded, stating the book and page of the
record [Tex. R. Civ. P. 793(c)]. If the document or written instrumentis not recorded
in the county
“when the trial is had,” copies of such instrument, with the names of the subscribing
witnesses,
must be included in the abstract. If such unrecorded instrument is lost or destroyed, it shall be
sufficient to state the nature of the instrument and its loss or destruction [Tex. R. Civ. P. 793].
Vil.
David H. Hamilton, as Trustee of T. H. Trust should be compelled to respond to said
Demand for Abstract.
Vil.
The failure of David H. Hamilton, as Trustee of T. H. Trust to comply with proper
discovery requests has necessitated the filing of this Motion to Compel. Therefore, pursuant to
Rule 215 of the Texas Rules of Civil Procedure, David H. Hamilton, as Trustee of T. H. Trust
should be required to pay reasonable attorney's fees and expenses incurred in connection with this
motion, in the amount of $5,000.00.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Movants pray that, upon hearing hereof,
David H. Hamilton, as Trustee of T. H. Trust be ordered to completely and fully respond to the
Demand for Abstract as requested hereinabove, that reasonable attorney's fees and expenses be
awarded, and for such and further relief that may be awarded at law or in equity.
Respectfully submitted,
THE HOLOWAY JONES LAW FIRM PLLC
By: /s/ Russell C. Jones
Russell C. Jones
Texas Bar No. 10954300
Email: rjones@jonesattorneys.com
407 Julie Rivers Drive
Sugar Land, TX 77478
Tel. (281) 242-8100
Fax. (281) 242-7474
Attorney for Defendants
Robert G. Pate and Judy K. Pate
CERTIFICATE OF SERVICE
I certify that on July 10, 2019 a true and correct copy of Defendants’ Motion to Compel
was served on George M. Bishop electronically through the electronic filing manager.
/s/ Russell C. Jones
Russell C. Jones
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Preview
Filed 7/10/2019 4:29 PM Beverley McGrew Walker District Clerk Fort Bend County, Texas Erica Rodriguez NO. 17-DCV-243655 v DAVID H. HAMILTON, AS TRUSTEE § IN THE DISTRICT COURT OF T. H. TRUST § Plaintiff, § V. § 434TH JUDICIAL DISTRICT ROBERT G. PATE AND JUDY K. PATE § § Defendants. § OF FORT BEND COUNTY, TEXAS MOTION TO COMPEL RESPONSE TO DEMAND FOR ABSTRACT TO THE HONORABLE JUDGE OF SAID COURT: NOW COME Defendants, Robert G. Pate and Judy K. Pate, Movants herein, and bring this Motion to Compel against David H. Hamilton, as Trustee of T. H. Trust, Respondent, to compel a response to Defendants’ prior Demand for Abstract, served almost two years ago. In support thereof, Movants would show the Court the following: I Movants served their Demand for Abstract on David H. Hamilton, as Trustee of T. H. Trust on or about August 16, 2017. A true and correct copy of said Demand for Abstract is attached hereto and incorporated by reference as Exhibit "A." IL. As of the date of filing this motion, David H. Hamilton, as Trustee of T. H. Trust has not provided any responses to the Demand for Abstract. Til. The documents requested are relevant to the subject matter in this pending cause and are reasonably calculated to lead to discovery of admissible evidence. The above-entitled and numbered cause is a case for trespass to try title. The documents requested are required by the applicable rules. IV. After the defendant has answered the plaintiff's petition, either party may demandan abstract of title [Tex. R. Civ. P. 791-794; see Walkerv. Barrow, 464 S.W.2d 480, 486-489 (Tex. Civ. App.—Houston [1st Dist.] 1971, wait ref’ d n.re.)]. The abstract enables the requesting party to inspect the opposing party’ s documents and thereby prepare a more informed defense [Corder v. Foster, 505 S.W.2d 645, 648 (Tex. Civ. App.— Houston [1st Dist.] 1973, writ ref’'d nre.)]. The demand for abstract must be by written notice and served on the opposing party not less than 10 days before the trial [Tex. R. Civ. P. 791]. The abstract is to be filed with the papers of the cause of action within 30 days after the service of the notice, or within such further time as the court may grant on good cause shown. After notice and hearing prior to the beginning of trial, a party who fails to file an abstract within the prescribed time period may be precluded by court order from presenting written instruments that are evidence of his or her claim or title at trial [Tex. R. Civ. P. 792). The filing of an abstract constitutes an admission that the filing party claims through and under the instrument in the abstract [Moran Corp. v. Brashear, 339 S.W.2d 557, 558 (Tex. Civ. App.—San Antonio 1960, writ ref’ d)]. Vv The abstract must state the nature of each document or written instrument intended to be used as evidence and its date [Tex. R. Civ. P. 793(a)] orif a contract or conveyance, the date of such contract or conveyance, the parties thereto, the date of the proof of acknowledgement, and before what officer the same was made [Tex. R. Civ. P. 793(b)]. Additionally, the abstract must state where each document or written instrument is recorded, stating the book and page of the record [Tex. R. Civ. P. 793(c)]. If the document or written instrumentis not recorded in the county “when the trial is had,” copies of such instrument, with the names of the subscribing witnesses, must be included in the abstract. If such unrecorded instrument is lost or destroyed, it shall be sufficient to state the nature of the instrument and its loss or destruction [Tex. R. Civ. P. 793]. Vil. David H. Hamilton, as Trustee of T. H. Trust should be compelled to respond to said Demand for Abstract. Vil. The failure of David H. Hamilton, as Trustee of T. H. Trust to comply with proper discovery requests has necessitated the filing of this Motion to Compel. Therefore, pursuant to Rule 215 of the Texas Rules of Civil Procedure, David H. Hamilton, as Trustee of T. H. Trust should be required to pay reasonable attorney's fees and expenses incurred in connection with this motion, in the amount of $5,000.00. PRAYER WHEREFORE, PREMISES CONSIDERED, Movants pray that, upon hearing hereof, David H. Hamilton, as Trustee of T. H. Trust be ordered to completely and fully respond to the Demand for Abstract as requested hereinabove, that reasonable attorney's fees and expenses be awarded, and for such and further relief that may be awarded at law or in equity. Respectfully submitted, THE HOLOWAY JONES LAW FIRM PLLC By: /s/ Russell C. Jones Russell C. Jones Texas Bar No. 10954300 Email: rjones@jonesattorneys.com 407 Julie Rivers Drive Sugar Land, TX 77478 Tel. (281) 242-8100 Fax. (281) 242-7474 Attorney for Defendants Robert G. Pate and Judy K. Pate CERTIFICATE OF SERVICE I certify that on July 10, 2019 a true and correct copy of Defendants’ Motion to Compel was served on George M. Bishop electronically through the electronic filing manager. /s/ Russell C. Jones Russell C. Jones oe a gt. ut nnumn mm 2 of oS * £2 as gE of ee 22D ot ar = a< & mow SB og np gw ae a ON No Sa = as ol ve oases 3 a3 oe 2 Ez ‘umber. 208 >y a