Order: T.H. Trust vs Robert G Pate and Judy K Pate

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                                NO. 17-DCV-243655

DAVID H. HAMILTON, AS TRUSTEE                           §       IN THE DISTRICT COURT
OF T. H. TRUST                                          §
Plaintiff and Counter-Defendant,                        §
V                                                               434TH JUDICIAL DISTRICT

ROBERT G. PATE AND JUDY K. PATE
Defendants and Counter-Plaintiffs,

V.

GEORGE M. BISHOP                                        §       OF FORT BEND COUNTY, TEXAS
Cross-Defendant,

                  DEFENDANTS' MOTION TO ENTER ORDER DENYING
                         OBJECTION TO ASSOCIATE JUDGE

TO THE HONORABLE JUDGE OF SAID COURT:

         NOW    COME       Defendants, Robert G. Pate and Judy K. Pate, Movants herein, and bring

this Motion to Enter Order Denying Objection to Associate Judge. In support hereof, Movants

show the following:

                                                            I

         George M. Bishop, acting then as attorney for David Hamilton, trustee of TH Trust,

Plaintiff herein, filed this suit in 2017.

         Between 2017      and January 2021 Bishop, on his own behalf and in representing Hamilton,

appeared on multiple occasions before Honorable John Hawkins, then associate judge of this

court.   The   associate   judge   made      numerous   rulings    which   were   accepted   by   Bishop   and

Hamilton.
0

         On March 22, 2021, Bishop and Hamilton both appeared before Judge Argie Brame and

learned of her appointment as associate judge in this case.

                                                      I.

         On March 22, 2021, at a video hearing at which both Bishop and Hamilton were present,

Judge Brame      advised Bishop      and Hamilton that she would             hear Defendants'      Motion   for

Summary Judgment.

                                                      Iv.

         In order to be timely, an objection to the associate judge must have been filed by April 1,

2021, ten days after Bishop was informed by Judge Brame that she would hear the Motion for

Summary Judgment.

                                                      Vv

         On   April   14,   2021,   Bishop   filed   his    Objection   to   Referral   to   Associate   Judge,

complaining that he had not been notified of an appointment of an associate judge in this case

and requested that a hearing scheduled for April 19, 2021 be heard by the presiding judge of this

court.


                                                      VI.

         Texas Government Code section 54a.106 provides that a party must file an objection to

an associate judge hearing a trial on the merits or presiding at a jury trial not later than the 10th

day after the date the party receives notice that the associate judge will hear the summary

judgment motion.
VIL.

       Further, the Government code only provides that an objection may be made as to a

hearing on a   trial on the merits or presiding over a jury trial.         There is no provision for an

objection to an associate judge hearing a motion for sanctions or a motion to exclude evidence as

demanded by Bishop.

                                                        VII.

               At a hearing on Bishop’s Motion on April 21 2021, the Court heard the motion

and the argument of counsel, and orally denied the Motion.

                                                        IX.

       WHEREFORE,        Defendants request that the court enter a written denial of the objection

of Bishop to the referral to the associate judge in the form attached to this motion.

                                               Respectfully submitted,

                                               THE


                                               By
                                                        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 May % 2021 a true and correct copy of Defendants’ Motion to Enter
Judgment was served on Jeffrey R. Vaughan and George M. Bishop electronically through the
electronic filing manager.


                                                  Limhl             EN
                                          Russell C. Jones