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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,
Vv.
ROBERT G. PATE AND JUDY K. PATE 434TH JUDICIAL DISTRICT
Defendants and Counter-Plaintiffs
Vv.
GEORGE M. BISHOP
Cross-Defendant, OF FORT BEND COUNTY, TEXAS
FINAL JUDGMENT
On this day came on to be heard the Motion of Robert G Pate and Judy Pate’s (Defendants)
Motion for Summary Judgment on Claims Asserted by George M. Bishop (Bishop) and
Defendants’ Motion for Clarification of the Court’s Order dated February 4, 2022 Granting
Defendants’ Motion for Summary Judgment against David H. Hamilton, Trustee of T.H. Trust
(Plaintiff). Notice of the hearing was given to all parties in the manner prescribed by law on
October 18, 2022, a date which was more than twenty-one days prior to the hearing. The
Defendants appeared by their attorney of record. Bishop appeared pro se. No response was filed
by Bishop to either motion at least seven days before the hearing.
At the conclusion of the hearing, counsel for the Defendants announced to the Court that
the Defendants are nonsuiting all claims and counterclaims against the Plaintiff and Bishop not
heretofore decided by the Court to be effective immediately upon execution of a final judgment in
‘
this case by the Court.
17—DCV— 243655
DOTBI
x Documents to be Ratified
6784315
| il ININN
:
ROUTED TO COURT 12/22/22 ST
RT'D TO D. CLERK 12/28/22 NS
Having considered the Motions, the argument of counsel, and the evidence presented, the
court now enters its Final Judgment as follows:
On February 4, 2022, the Court considered the Defendants’ Motion against the Plaintiff,
Hamilton, as trustee For TH Trust, the summary judgment evidence, including affidavits,
discovery, documentary evidence, pleadings of the parties, and the argument of counsel. At that
time, this Court granted the motion in part as set forth in the Order Dated February 4, 2022 (the
Interlocutory Judgment) and made the following findings:
The Court finds there is no genuine issue of material fact as to Plaintiff's claim against
Defendants for trespass to try title for the reason that Plaintiff cannot prove its title based upon the
strength of its own title; and further finds that there is no genuine issue of material fact as to
Defendants' counterclaim to remove cloud from the title of the property which is the subject of this
litigation. Defendants are entitled to summary judgment as more fully set out in the Interlocutory
r
Judgment.
The Court further found that there is no genuine issue of material fact as to Plaintiff's
claims for declaratory judgment and for attorney’s fees, and Defendants are entitled to summary
judgment thereon.
The Court therefore ORDERED, ADJUDGED AND DECREED that Plaintiff David H.
Hamilton, Trustee of T.H. Trust, take nothing from Defendants Robert G. Pate and Judy K. Pate.
At the hearing on this date, the Court finds there is no genuine issue of material fact as to
Bishop’s claim against Defendants for trespass to try title for the reason that Bishop cannot prove
his title based upon the strength of his own title in that his title is derivative of the title of Plaintiff
in the disputed property, which the Court has heretofore ruled upon and found to be inferior to the
claims of the Defendants; and further finds that there is no genuine issue of material fact as to
Defendants’ counterclaim to remove the cloud, created by the subsequent deed of trust and
resulting trustee’s deed described in Bishop’s pleadings, from the title of the property which is the
subject of this litigation. Defendants are entitled to summary judgment against Bishop’s claims.
The Court further finds that there is no genuine issue of material fact as to Bishop’s claims
for declaratory judgment and for attorney’s fees, and Defendants are entitled to summary judgment
thereon.
The Court determines that its findings and orders set forth in its Order Granting
Defendants’ Motion for Summary Judgment dated February 4, 2022 should be combined with and
incorporated into this Final Judgment and are hereby incorporated herein as if restated in full and
are further modified to incorporate the findings and holdings relating to the Motion of Defendants’
for Summary Judgment on Claims Asserted by Bishop and Defendants’ Motion for Clarification
of the Court’s Order dated February 4, 2022
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that that following
instruments are hereby declared to be null, void and of no further effect, as if they had never been
created or filed in the real property records:
1 That one certain Substitute Trustee’s Deed filed in the official Public records of
Fort Bend County on October 2, 2017 under Clerk’s File Number 20127106823;
That one certain Deed of Trust executed by David H Hamilton, Trustee of the TH
Trust executed on or about June 21, 2021 and filed under Clerk’s File Number
2021106854 of the Official Records of Fort Bend County, Texas; and
That one certain Trustee’s Deed dated January 12, 2022 filed under Clerk’s File
Number 2022007967 of the Official Records of Fort Bend County Texas are hereby
declared to be null, void and of no further effect.
It is HEREBY FURTHER ORDERED, ADJUDGED AND DECREED that the fee title
of the real property described in Exhibit A, attached to this Judgment, is in Robert G. Pate and
Judy K. Pate.
IT IS FURTHER ORDERED that Defendants recover costs of court incurred in the
course of this cause. Such judgment, for which let execution issue, shall bear interest at the rate
of provided by law compounded annually from the date of this judgment, until paid
IT IS FURTHER ORDERED that Defendants are entitled to enforce this judgment
through abstract, execution, and any other process.
All claims made by all parties not specifically granted herein are denied. This judgment
finally disposes of all parties and claims and is appealable.
Signed on Pecegnbor 2!2022.
Dea haere
JUDGE/PRESIDING
APPROVED
12/28/2022
/s/ Russell C. Jones
FILE
Russell C. Jones DEC 2 2 2022
Attorney for Defendants Robert G. Pate and atadof, Amor
Judy K. Pate Re
THE HOLOWAY JONES LAW FIRM PLLC on esd ‘OAT BEND CO., TX
Email: rjones@jonesattorneys.com
407 Julie Rivers Drive
Sugar Land, TX 77478
Tel. (281) 242-8100
Fax. (281) 242-7474
W
LEGAL DESCRIPTION
4.7695 ACRES OF LAND
KNIGHT & WHITE LEAGUE, A-46
FORT BEND COUNTY, TEXAS
November 20, 2001
Being 4.769 , (207,758 square feet) of land located in the Knight & White League,
tract Ni ber 46, eiey. & G.N, Railroad Company Survey, Abstract Number 353, and the
William Stanley, ve’ tract 599, Fort Bend County, Texas, being the same called 4,7695
acre tract of id decribed CT TWO" by deed to Coastal Sun Development, Inc. by
deed reco! dedinder Fort Bend County Clerk’s File Number 2000096355, and being more
articularly described b; etes and bounds as follows:
COMMENCIN aLaset inch-iron tad with cap marked "Carter & Burgess, Inc.” (herein
after referred to as a 5/8 ihe! on rod ap) on the south line ofa called 16.4750 acre tract
described in a deed to 51 Coastal Devejoph ent Ine. on secorded under Fort Bend County
Clerk's File Number 19: 9039347, and sob thwest comer of the called 473.176 acre
tract described as "Tract 1 n dex to Sor tat c. recorded under Fort Bend
County Clerk's File Number 9 234,
THENCE, South 02 degrees 39 mig 04 second as with west line of the Old South
Plantation called 473.176 acre tract, (distance » 29 feet Ko northeast comer of a called
104.224 acre tract of land described in a d d to farjorie on Bailey on recorded under
Volume 762 Page 275 of the Deed Records Fort B: ty, and to a set 5/8 inch iron rod
with cap;
THENCE, South 87 degrees 20 minutes $6 secohds Wést,avith the therly line of said
Marjorie Winston Bailey tract a distance of 2,115.10 féet/to the southerly/line o}
easement recorded under Volume 2246 Page 1826 of the Reed Recor
of
f E, wa
inage
County and
scribed tract;
a set 5/8 inch iron rod with cap and the POINT OF BE
1 THENCE, South 87 degrecs 20 minutes 56 seconds West, J 1 erly line
of said Marjorie Winston Bailey tract a distance of 857,34 fc fo thee ine O
Lane (60 fest wide occupied) and a set PK nail;
THENCE, North 01 degree 58 minutes 27 seconds West, with the d Skinp
Lane a distance of 346.20 feet to a 5/8 inch iron rod with cap set at the south’ eSt co! of
said drainage easement;
EXHIBIT
Page | of 2 Pages
PA
H:1030122\2-010\CRBVTract 2 2001.doc Carter:Burgess
98 FOVd sags 19 98982 PBL6b pEISL 98G2/82/18
—
a %
4.7695 As
Noventd Q, 2001
Pages
THENCE, Nor grees 11 minutes 46 seconds East, with the southerly line of said
drainage e: m pra distance of 257.23 feet to a set 5/8 inch iron rod with cap;
HENCE ‘South degrees 14 minutes 06 seconds East, continuing with the southerly line
of Sal drainage eas ment a distance of 190.67 feet to a set 5/8 inch iron rod with cap and
from whi Inch Yronyod found bears South 19 deprees 41 minutes 21 seconds West, a
distancé 9; ‘00 foot;
THENCE, Sou degrees 39 minutes 56 seconds East, continuing with the southerly line
of said drainage emen stan F 505.42 feat to the POINT OF BEGINNING and
containing 4.7 5 get (20 ¢ feet) of land.
All bearings are based on\th Soo System, South Central Zone,
NAD 83
This description is issued in conjunctio dated May 20, 2000 and
updated June 4, 2001
eS Sa
‘2OF
LS >>. oz
Ls
p io.
Sy %
a
ni
WalterJ. Will S. rr
Texas Regis! bration Number 4936 4936
PFs set ove
2
CARTER & BURGESS, INC, SS
Job No. 030122.010 S
HAOIO1Z2s-DIOICAANTraci 2 2001.doc Carter*Burgess
26 38d a7a3is 7 88982 >BL8b vEtST 9¢82/8Z/20
———___ --
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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, Vv. ROBERT G. PATE AND JUDY K. PATE 434TH JUDICIAL DISTRICT Defendants and Counter-Plaintiffs Vv. GEORGE M. BISHOP Cross-Defendant, OF FORT BEND COUNTY, TEXAS FINAL JUDGMENT On this day came on to be heard the Motion of Robert G Pate and Judy Pate’s (Defendants) Motion for Summary Judgment on Claims Asserted by George M. Bishop (Bishop) and Defendants’ Motion for Clarification of the Court’s Order dated February 4, 2022 Granting Defendants’ Motion for Summary Judgment against David H. Hamilton, Trustee of T.H. Trust (Plaintiff). Notice of the hearing was given to all parties in the manner prescribed by law on October 18, 2022, a date which was more than twenty-one days prior to the hearing. The Defendants appeared by their attorney of record. Bishop appeared pro se. No response was filed by Bishop to either motion at least seven days before the hearing. At the conclusion of the hearing, counsel for the Defendants announced to the Court that the Defendants are nonsuiting all claims and counterclaims against the Plaintiff and Bishop not heretofore decided by the Court to be effective immediately upon execution of a final judgment in ‘ this case by the Court. 17—DCV— 243655 DOTBI x Documents to be Ratified 6784315 | il ININN : ROUTED TO COURT 12/22/22 ST RT'D TO D. CLERK 12/28/22 NS Having considered the Motions, the argument of counsel, and the evidence presented, the court now enters its Final Judgment as follows: On February 4, 2022, the Court considered the Defendants’ Motion against the Plaintiff, Hamilton, as trustee For TH Trust, the summary judgment evidence, including affidavits, discovery, documentary evidence, pleadings of the parties, and the argument of counsel. At that time, this Court granted the motion in part as set forth in the Order Dated February 4, 2022 (the Interlocutory Judgment) and made the following findings: The Court finds there is no genuine issue of material fact as to Plaintiff's claim against Defendants for trespass to try title for the reason that Plaintiff cannot prove its title based upon the strength of its own title; and further finds that there is no genuine issue of material fact as to Defendants' counterclaim to remove cloud from the title of the property which is the subject of this litigation. Defendants are entitled to summary judgment as more fully set out in the Interlocutory r Judgment. The Court further found that there is no genuine issue of material fact as to Plaintiff's claims for declaratory judgment and for attorney’s fees, and Defendants are entitled to summary judgment thereon. The Court therefore ORDERED, ADJUDGED AND DECREED that Plaintiff David H. Hamilton, Trustee of T.H. Trust, take nothing from Defendants Robert G. Pate and Judy K. Pate. At the hearing on this date, the Court finds there is no genuine issue of material fact as to Bishop’s claim against Defendants for trespass to try title for the reason that Bishop cannot prove his title based upon the strength of his own title in that his title is derivative of the title of Plaintiff in the disputed property, which the Court has heretofore ruled upon and found to be inferior to the claims of the Defendants; and further finds that there is no genuine issue of material fact as to Defendants’ counterclaim to remove the cloud, created by the subsequent deed of trust and resulting trustee’s deed described in Bishop’s pleadings, from the title of the property which is the subject of this litigation. Defendants are entitled to summary judgment against Bishop’s claims. The Court further finds that there is no genuine issue of material fact as to Bishop’s claims for declaratory judgment and for attorney’s fees, and Defendants are entitled to summary judgment thereon. The Court determines that its findings and orders set forth in its Order Granting Defendants’ Motion for Summary Judgment dated February 4, 2022 should be combined with and incorporated into this Final Judgment and are hereby incorporated herein as if restated in full and are further modified to incorporate the findings and holdings relating to the Motion of Defendants’ for Summary Judgment on Claims Asserted by Bishop and Defendants’ Motion for Clarification of the Court’s Order dated February 4, 2022 IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that that following instruments are hereby declared to be null, void and of no further effect, as if they had never been created or filed in the real property records: 1 That one certain Substitute Trustee’s Deed filed in the official Public records of Fort Bend County on October 2, 2017 under Clerk’s File Number 20127106823; That one certain Deed of Trust executed by David H Hamilton, Trustee of the TH Trust executed on or about June 21, 2021 and filed under Clerk’s File Number 2021106854 of the Official Records of Fort Bend County, Texas; and That one certain Trustee’s Deed dated January 12, 2022 filed under Clerk’s File Number 2022007967 of the Official Records of Fort Bend County Texas are hereby declared to be null, void and of no further effect. It is HEREBY FURTHER ORDERED, ADJUDGED AND DECREED that the fee title of the real property described in Exhibit A, attached to this Judgment, is in Robert G. Pate and Judy K. Pate. IT IS FURTHER ORDERED that Defendants recover costs of court incurred in the course of this cause. Such judgment, for which let execution issue, shall bear interest at the rate of provided by law compounded annually from the date of this judgment, until paid IT IS FURTHER ORDERED that Defendants are entitled to enforce this judgment through abstract, execution, and any other process. All claims made by all parties not specifically granted herein are denied. This judgment finally disposes of all parties and claims and is appealable. Signed on Pecegnbor 2!2022. Dea haere JUDGE/PRESIDING APPROVED 12/28/2022 /s/ Russell C. Jones FILE Russell C. Jones DEC 2 2 2022 Attorney for Defendants Robert G. Pate and atadof, Amor Judy K. Pate Re THE HOLOWAY JONES LAW FIRM PLLC on esd ‘OAT BEND CO., TX Email: rjones@jonesattorneys.com 407 Julie Rivers Drive Sugar Land, TX 77478 Tel. (281) 242-8100 Fax. (281) 242-7474 W LEGAL DESCRIPTION 4.7695 ACRES OF LAND KNIGHT & WHITE LEAGUE, A-46 FORT BEND COUNTY, TEXAS November 20, 2001 Being 4.769 , (207,758 square feet) of land located in the Knight & White League, tract Ni ber 46, eiey. & G.N, Railroad Company Survey, Abstract Number 353, and the William Stanley, ve’ tract 599, Fort Bend County, Texas, being the same called 4,7695 acre tract of id decribed CT TWO" by deed to Coastal Sun Development, Inc. by deed reco! dedinder Fort Bend County Clerk’s File Number 2000096355, and being more articularly described b; etes and bounds as follows: COMMENCIN aLaset inch-iron tad with cap marked "Carter & Burgess, Inc.” (herein after referred to as a 5/8 ihe! on rod ap) on the south line ofa called 16.4750 acre tract described in a deed to 51 Coastal Devejoph ent Ine. on secorded under Fort Bend County Clerk's File Number 19: 9039347, and sob thwest comer of the called 473.176 acre tract described as "Tract 1 n dex to Sor tat c. recorded under Fort Bend County Clerk's File Number 9 234, THENCE, South 02 degrees 39 mig 04 second as with west line of the Old South Plantation called 473.176 acre tract, (distance » 29 feet Ko northeast comer of a called 104.224 acre tract of land described in a d d to farjorie on Bailey on recorded under Volume 762 Page 275 of the Deed Records Fort B: ty, and to a set 5/8 inch iron rod with cap; THENCE, South 87 degrees 20 minutes $6 secohds Wést,avith the therly line of said Marjorie Winston Bailey tract a distance of 2,115.10 féet/to the southerly/line o} easement recorded under Volume 2246 Page 1826 of the Reed Recor of f E, wa inage County and scribed tract; a set 5/8 inch iron rod with cap and the POINT OF BE 1 THENCE, South 87 degrecs 20 minutes 56 seconds West, J 1 erly line of said Marjorie Winston Bailey tract a distance of 857,34 fc fo thee ine O Lane (60 fest wide occupied) and a set PK nail; THENCE, North 01 degree 58 minutes 27 seconds West, with the d Skinp Lane a distance of 346.20 feet to a 5/8 inch iron rod with cap set at the south’ eSt co! of said drainage easement; EXHIBIT Page | of 2 Pages PA H:1030122\2-010\CRBVTract 2 2001.doc Carter:Burgess 98 FOVd sags 19 98982 PBL6b pEISL 98G2/82/18 — a % 4.7695 As Noventd Q, 2001 Pages THENCE, Nor grees 11 minutes 46 seconds East, with the southerly line of said drainage e: m pra distance of 257.23 feet to a set 5/8 inch iron rod with cap; HENCE ‘South degrees 14 minutes 06 seconds East, continuing with the southerly line of Sal drainage eas ment a distance of 190.67 feet to a set 5/8 inch iron rod with cap and from whi Inch Yronyod found bears South 19 deprees 41 minutes 21 seconds West, a distancé 9; ‘00 foot; THENCE, Sou degrees 39 minutes 56 seconds East, continuing with the southerly line of said drainage emen stan F 505.42 feat to the POINT OF BEGINNING and containing 4.7 5 get (20 ¢ feet) of land. All bearings are based on\th Soo System, South Central Zone, NAD 83 This description is issued in conjunctio dated May 20, 2000 and updated June 4, 2001 eS Sa ‘2OF LS >>. oz Ls p io. Sy % a ni WalterJ. Will S. rr Texas Regis! bration Number 4936 4936 PFs set ove 2 CARTER & BURGESS, INC, SS Job No. 030122.010 S HAOIO1Z2s-DIOICAANTraci 2 2001.doc Carter*Burgess 26 38d a7a3is 7 88982 >BL8b vEtST 9¢82/8Z/20 ———___ --