Preview
CLERK’S RECORD
SS
i?
yy} ° Volume of
Trial Court Cause No: 17-DCV-243655,
in the434th J udicial District Court
of Fort Bend County, Texas,
Honorable J . Christian Becerra, J udge Presiding
Style: T.H. Trustvs Robert G Pate and J udy K Pate
Appe led to the
Court
of Appeals for the First Court of Appeals District of Texas, at Houston, Texas
Court Of Appeals No: 01-23-00008-CV
Attorney for Appellant(s): Attorney for Appellee(s):
George M. Bishop Alica M. Matsushima
SBN: 02353000 SBN: 24002546
Attorney At Law Invicta Law Firm
419 FM 1155 South 1923 Washington Avenue Ste 2275
Chappell Hill Houston Tx 77007
Telephone: 713-305-5510 Tel phone: 713-955-4559
Facsimile: Facsimile: 713-
E-Mail Address: george.bishop@ sbcglobal.net E-Mai Address: alicia@ invictalawfirm.com
Appellant(s): App llee(s):
George M. Bishop Rob 1tG Pate
Judy K Pate
BEVERLEY CGREW WALKER, DISTRICT CLERK
FORT BEND COUNTY, TEXAS
Physical Address:
1422 Eugene Heimann Circle, Room 31004
Ric mond, Texas 77469 ty
Mailing Address: iN. ua
301 J ackson Street, Room 101 2.
Ric mond, Texas 77469 xi
By:/s/
3
Deputy District Clerk Ana Alas
Telephone: (281) 633-7631 “aaa
Cause No: 17-DCV-243655
T.H. Trust vs Robert G Pate and Judy K § 434th Judicial District Court
§ OF
§ FORT BEND COUNTY, TEXAS
INDEX
CLERK’S RECORD 01
CAPTION
DEFENDANTS’ MOTION TO DISMISS FOR LACK OF JURISDICTION 08
FILED ON AUGUST 16, 2017
DEFENDANTS’ SPECIAL EXCEPTIONS TO PLAINTIFF’S PETITION 12
FILED ON AUGUST 16, 2017
DEMAND FOR ABSTRACT 16
FILED ON AUGUST 16, 2017
ORDER SUSTAINING DEFENDANTS’ SPECIAL EXCEPTIONS TO PLAINTIFF’S
SIGNED ON OCTOBER 2, 2017
FILED ON AUGUST 16, 2017
RESPONSE TO MOTION TO DISMISS FOR WANT OF JURISDICTION 20
FILED ON OCTOBER 2, 2017
SUPPLEMENTAL PETITION IN TRESPASS TO TRY TITLE. 28
FILED ON OCTOBER 3, 2017
DEFENDANT’S MOTION TO DISMISS 38
FILED ON OCTOBER 27, 2017
ORDER OF DISMISSAL 41
FILED ON OCTOBER 30, 2017
MOTION TO MODIFY, CORRECT OR REFORM THE JUDGMENT
FILED ON NOVEMBER 30, 2017
ORDER GRANTING MOTION TO MODIFY, CORRECT OR REFORM THE
JUDGMENT DISMISSING CASE 46
FILED ON JANUAR 8, 2018
NOTICE OF APPEAL 48
FILED FEBRUARY 2, 2018
AGREED MOTION TO DISMISS APPEAL AND TO REMAND CASE 50
FILED ON MAY 15, 2018
MEMORANDUM OPINION FROM FIRST COURT OF APPEALS 53
FILED ON JUNE 21, 2018
NOTICE OF LIS PENDENS 58
FILED ON JULY 18, 2018
MANDATE FROM FIRST COURT OF APPEALS 63
FILED ON SEPTEMBER 7, 2018
MOTION TO DISQUALIFY ATTORNEY 67
FILED ON JULY 1, 2019
MOTION TO COMPEL RESPONSE TO DEMAND FOR ABSTRACT OF TITLE 70
FILED ON JULY 10, 2019
DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT. 76
FILED ON OCTOBER 21, 2019
AGREED MOTION FOR CONTINUANCE OF SUMMARY JUDGMENT 168
FILED ON AUGUST 26, 2019
RESPONSE TO MOTION FOR SUMMARY JUDGMENT 173
FILED ON NOVEMBER 26, 2019
MOTION FOR PARTIAL SUMMARY JUDGMENT ON QUESTIONS OF LAW 187
FILED ON FEBRUARY 5, 2020
MOTION FOR NO EVIDENCE MOTION FOR SUMMARY JUDGMENT
FILED ON FEBRUARY 6, 2020
RESPONSE TO MOTION TO DISQUALIFY COUNSEL FOR T.H. TRUST 195
FILED ON FEBRUARY 20, 2020
MEMORANDUM IN SUPPORT OF DEFENDANTS’ MOTION TO DISQUALIFY
COUNSEL 19
FILED ON FEBRUARY 28, 2020
TRIAL BRIEF ON DISQUALIFICATION OF COUNSEL. 202
FILED ON MARCH 2, 2020
ORDER ON DISQUALIFICATION 206
FILED ON MARCH 3, 2020
DEFENDANTS’ MOTION FOR CONTINUANCE 208
FILED ON MARCH 12, 2020
DEFENDANTS’ MOTION TO ABATE 220
FILED ON MARCH 13, 2020
DEFENDANTS’ RESPONSE TO PLAINTIFFS’ MOTION FOR PARTIAL
SUMMARY JUDGMENT ON QUESTIONS OF LAW. 224
FILED ON MARCH 13, 2020
ORDER GRANTING DEFENDANTS’ MOTION FOR CONTINUANCE 248
FILED ON MARCH 12, 2020
MEMORANDUM OPINION FROM FIRST COURT OF APPEALS 250
FILED ON JULY 21, 2020
DEFENDANTS’ FIRST AMENDED COUNTERCLAIM AND CROSS-CLAIM
FILED ON FEBRUARY 8, 2021
DEFENDANTS’ FIRST AMENDED ANSWER 265
FILED ON FEBRUARY 8, 2021
MOTION FOR CONTEMPT 269
FILED ON FEBRUARY 24, 2021
ORIGINAL ANSWER AND COUNTERCLAIM.. 342
FILED ON MARCH 15, 2021
MOTION TO EXCLUDE EVIDENCE OF TITLE PRESENTED BY PLAINTIFF
AND/OR BISHOP 348
FILED ON MARCH 16, 2021
MOTION FOR SANCTIONS 353
FILED ON MARCH 26, 2021
RESPONSE TO MOTION FOR SANCTIONS 432
FILED ON APRIL 8, 2021
PATE’S REPLY TO BISHOP’S RESPONSE TO MOTION FOR SUMMARY
JUDGMENT ON CLAIMS AGAINST HAMILTON AND BISHOP 435
FILED ON APRIL 14, 2021
RESPONSE TO BISHOP’S OBJECTION TO REFERRAL TO ASSOCIATE
JUDGE
FILED ON APRIL 14, 2021
PATE’S BRIEF ON EFFECT OF THEIR I.R.S. TAX DEED 450
FILED ON APRIL 22, 2021
BRIEF IN RESPONSE TO PATE’S BRIEF ON THE EFFECT OF THE IRS
QUITCLAIM DEED 462
FILED ON APRIL 26, 2021
RESPONSE OF DAVID HAMILTON, INDIVIDUALLY AND AS TRUSTEE OF
T.H. TRUST, TO ROBERT AND JUDY PATES’ BRIEF ON EFFECT OF THE
L.R.S. TAX DEED 467
FILED ON APIRL 27, 2021
THIRD AMENDED MOTION FOR PARTIAL SUMMARY JUDGMENT ON
QUESTIONS OF LAW. 471
FILED ON APRIL 30, 2021
DEFENDANTS’ MOTION TO ENTER ORDER DENYING OBJECTION TO
ASSOCIATE JUDGE 490
FILED ON MAY 28, 2021
ORDER GRANTING MOTION FOR SANCTIONS 494
SIGNED ON JUNE 10, 2021
FILED ON MARCH 26, 2021
DEFENDANTS’ MOTION FOR CONTINUANCE 497
FILED ON JUNE 21, 2021
DEFENDANTS’ RESPONSE TO PLAINTIFFS’ THIRD AMENDED MOTION
FOR PARTIAL SUMMARY JUDGMENT ON QUESTIONS OF LAW 505
FILED ON JUNE 21, 2021
DEFENDANTS’ RESPONSE TO HAMILTON’S AMENDED MOTION FOR NO
EVIDENCE SUMMARY JUDGMENT 556
FILED ON JUNE 21, 2021
PLAINTIFF/COUNTER-DEFENDANT DAVID H. HAMILTON, INDIVIDUALLY,
AND AS TRUSTEE OF T.H. TRUST’S RESPONSE TO
DEFENDANTS/COUNTER-PLAINTIFFS ROBERT G. PATE AND JUDY K.
PATE’S MOTION FOR CONTINUANCE 620
FILED ON JUNE 28, 2021
SUPPLEMENTAL RESPONSE TO MOTION FOR SANCTIONS
FILED ON JULY 19, 2021
DEFENDANTS’ MOTION TO DISMISS FOR LACK OF JURISDICTION 638
FILED ON DECEMBER 2, 2021
RESPONSE TO MOTION TO DISMISS FOR LACK OF JURISDICTION 682
FILED ON JANUARY 12, 2021
DEFENDANTS’ REPLY TO GEORGE M. BISHOP’S RESPONSE TO MOTION
TO DISMISS FOR LACK OF JURISDICTION ... 687
FILED ON JANUARY 27, 2022
RESPONSE TO BISHOP’S SECOND OBJECTION TO REFERRAL TO
ASSOCIATE JUDGE. 698
FILED ON JANUARY ,
DAVID H. HAMILTON , INDIVIDUALLY AND AS TRUSTEE OF T.H. TRUST’S
RESPONSE TO DEFENDANTS’ MOTION TO DISMISS FOR LACK OF
JURISDICTION
FILED ON JANUARY 31, 2022
ORDER DENYING HAMILTON’S AMENDED MOTION FOR NO EVIDENCE
SUMMARY JUDGMENT 708
FILED ON JUNE 21, 2021
ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
FILED ON FEBRUARY 8, 2021
MEMORANDUM OPINION FROM FIRST COURT OF APPEALS 716
FILED ON NOVEMBER 8, 2022
DEFENDANTS AND COUNTER-PLAINTIFFS, ROBERT G. PATE AND JUDY
K. PATE’S REQUEST FOR CLERK’S RECORD 717
FILED ON JANUARY 17, 2023
DOCKET SHEET. 724
BILL OF COSTS 725
CLERK’S CERTIFICATE 726
Preview
CLERK’S RECORD SS i? yy} ° Volume of Trial Court Cause No: 17-DCV-243655, in the434th J udicial District Court of Fort Bend County, Texas, Honorable J . Christian Becerra, J udge Presiding Style: T.H. Trustvs Robert G Pate and J udy K Pate Appe led to the Court of Appeals for the First Court of Appeals District of Texas, at Houston, Texas Court Of Appeals No: 01-23-00008-CV Attorney for Appellant(s): Attorney for Appellee(s): George M. Bishop Alica M. Matsushima SBN: 02353000 SBN: 24002546 Attorney At Law Invicta Law Firm 419 FM 1155 South 1923 Washington Avenue Ste 2275 Chappell Hill Houston Tx 77007 Telephone: 713-305-5510 Tel phone: 713-955-4559 Facsimile: Facsimile: 713- E-Mail Address: george.bishop@ sbcglobal.net E-Mai Address: alicia@ invictalawfirm.com Appellant(s): App llee(s): George M. Bishop Rob 1tG Pate Judy K Pate BEVERLEY CGREW WALKER, DISTRICT CLERK FORT BEND COUNTY, TEXAS Physical Address: 1422 Eugene Heimann Circle, Room 31004 Ric mond, Texas 77469 ty Mailing Address: iN. ua 301 J ackson Street, Room 101 2. Ric mond, Texas 77469 xi By:/s/ 3 Deputy District Clerk Ana Alas Telephone: (281) 633-7631 “aaa Cause No: 17-DCV-243655 T.H. Trust vs Robert G Pate and Judy K § 434th Judicial District Court § OF § FORT BEND COUNTY, TEXAS INDEX CLERK’S RECORD 01 CAPTION DEFENDANTS’ MOTION TO DISMISS FOR LACK OF JURISDICTION 08 FILED ON AUGUST 16, 2017 DEFENDANTS’ SPECIAL EXCEPTIONS TO PLAINTIFF’S PETITION 12 FILED ON AUGUST 16, 2017 DEMAND FOR ABSTRACT 16 FILED ON AUGUST 16, 2017 ORDER SUSTAINING DEFENDANTS’ SPECIAL EXCEPTIONS TO PLAINTIFF’S SIGNED ON OCTOBER 2, 2017 FILED ON AUGUST 16, 2017 RESPONSE TO MOTION TO DISMISS FOR WANT OF JURISDICTION 20 FILED ON OCTOBER 2, 2017 SUPPLEMENTAL PETITION IN TRESPASS TO TRY TITLE. 28 FILED ON OCTOBER 3, 2017 DEFENDANT’S MOTION TO DISMISS 38 FILED ON OCTOBER 27, 2017 ORDER OF DISMISSAL 41 FILED ON OCTOBER 30, 2017 MOTION TO MODIFY, CORRECT OR REFORM THE JUDGMENT FILED ON NOVEMBER 30, 2017 ORDER GRANTING MOTION TO MODIFY, CORRECT OR REFORM THE JUDGMENT DISMISSING CASE 46 FILED ON JANUAR 8, 2018 NOTICE OF APPEAL 48 FILED FEBRUARY 2, 2018 AGREED MOTION TO DISMISS APPEAL AND TO REMAND CASE 50 FILED ON MAY 15, 2018 MEMORANDUM OPINION FROM FIRST COURT OF APPEALS 53 FILED ON JUNE 21, 2018 NOTICE OF LIS PENDENS 58 FILED ON JULY 18, 2018 MANDATE FROM FIRST COURT OF APPEALS 63 FILED ON SEPTEMBER 7, 2018 MOTION TO DISQUALIFY ATTORNEY 67 FILED ON JULY 1, 2019 MOTION TO COMPEL RESPONSE TO DEMAND FOR ABSTRACT OF TITLE 70 FILED ON JULY 10, 2019 DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT. 76 FILED ON OCTOBER 21, 2019 AGREED MOTION FOR CONTINUANCE OF SUMMARY JUDGMENT 168 FILED ON AUGUST 26, 2019 RESPONSE TO MOTION FOR SUMMARY JUDGMENT 173 FILED ON NOVEMBER 26, 2019 MOTION FOR PARTIAL SUMMARY JUDGMENT ON QUESTIONS OF LAW 187 FILED ON FEBRUARY 5, 2020 MOTION FOR NO EVIDENCE MOTION FOR SUMMARY JUDGMENT FILED ON FEBRUARY 6, 2020 RESPONSE TO MOTION TO DISQUALIFY COUNSEL FOR T.H. TRUST 195 FILED ON FEBRUARY 20, 2020 MEMORANDUM IN SUPPORT OF DEFENDANTS’ MOTION TO DISQUALIFY COUNSEL 19 FILED ON FEBRUARY 28, 2020 TRIAL BRIEF ON DISQUALIFICATION OF COUNSEL. 202 FILED ON MARCH 2, 2020 ORDER ON DISQUALIFICATION 206 FILED ON MARCH 3, 2020 DEFENDANTS’ MOTION FOR CONTINUANCE 208 FILED ON MARCH 12, 2020 DEFENDANTS’ MOTION TO ABATE 220 FILED ON MARCH 13, 2020 DEFENDANTS’ RESPONSE TO PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT ON QUESTIONS OF LAW. 224 FILED ON MARCH 13, 2020 ORDER GRANTING DEFENDANTS’ MOTION FOR CONTINUANCE 248 FILED ON MARCH 12, 2020 MEMORANDUM OPINION FROM FIRST COURT OF APPEALS 250 FILED ON JULY 21, 2020 DEFENDANTS’ FIRST AMENDED COUNTERCLAIM AND CROSS-CLAIM FILED ON FEBRUARY 8, 2021 DEFENDANTS’ FIRST AMENDED ANSWER 265 FILED ON FEBRUARY 8, 2021 MOTION FOR CONTEMPT 269 FILED ON FEBRUARY 24, 2021 ORIGINAL ANSWER AND COUNTERCLAIM.. 342 FILED ON MARCH 15, 2021 MOTION TO EXCLUDE EVIDENCE OF TITLE PRESENTED BY PLAINTIFF AND/OR BISHOP 348 FILED ON MARCH 16, 2021 MOTION FOR SANCTIONS 353 FILED ON MARCH 26, 2021 RESPONSE TO MOTION FOR SANCTIONS 432 FILED ON APRIL 8, 2021 PATE’S REPLY TO BISHOP’S RESPONSE TO MOTION FOR SUMMARY JUDGMENT ON CLAIMS AGAINST HAMILTON AND BISHOP 435 FILED ON APRIL 14, 2021 RESPONSE TO BISHOP’S OBJECTION TO REFERRAL TO ASSOCIATE JUDGE FILED ON APRIL 14, 2021 PATE’S BRIEF ON EFFECT OF THEIR I.R.S. TAX DEED 450 FILED ON APRIL 22, 2021 BRIEF IN RESPONSE TO PATE’S BRIEF ON THE EFFECT OF THE IRS QUITCLAIM DEED 462 FILED ON APRIL 26, 2021 RESPONSE OF DAVID HAMILTON, INDIVIDUALLY AND AS TRUSTEE OF T.H. TRUST, TO ROBERT AND JUDY PATES’ BRIEF ON EFFECT OF THE L.R.S. TAX DEED 467 FILED ON APIRL 27, 2021 THIRD AMENDED MOTION FOR PARTIAL SUMMARY JUDGMENT ON QUESTIONS OF LAW. 471 FILED ON APRIL 30, 2021 DEFENDANTS’ MOTION TO ENTER ORDER DENYING OBJECTION TO ASSOCIATE JUDGE 490 FILED ON MAY 28, 2021 ORDER GRANTING MOTION FOR SANCTIONS 494 SIGNED ON JUNE 10, 2021 FILED ON MARCH 26, 2021 DEFENDANTS’ MOTION FOR CONTINUANCE 497 FILED ON JUNE 21, 2021 DEFENDANTS’ RESPONSE TO PLAINTIFFS’ THIRD AMENDED MOTION FOR PARTIAL SUMMARY JUDGMENT ON QUESTIONS OF LAW 505 FILED ON JUNE 21, 2021 DEFENDANTS’ RESPONSE TO HAMILTON’S AMENDED MOTION FOR NO EVIDENCE SUMMARY JUDGMENT 556 FILED ON JUNE 21, 2021 PLAINTIFF/COUNTER-DEFENDANT DAVID H. HAMILTON, INDIVIDUALLY, AND AS TRUSTEE OF T.H. TRUST’S RESPONSE TO DEFENDANTS/COUNTER-PLAINTIFFS ROBERT G. PATE AND JUDY K. PATE’S MOTION FOR CONTINUANCE 620 FILED ON JUNE 28, 2021 SUPPLEMENTAL RESPONSE TO MOTION FOR SANCTIONS FILED ON JULY 19, 2021 DEFENDANTS’ MOTION TO DISMISS FOR LACK OF JURISDICTION 638 FILED ON DECEMBER 2, 2021 RESPONSE TO MOTION TO DISMISS FOR LACK OF JURISDICTION 682 FILED ON JANUARY 12, 2021 DEFENDANTS’ REPLY TO GEORGE M. BISHOP’S RESPONSE TO MOTION TO DISMISS FOR LACK OF JURISDICTION ... 687 FILED ON JANUARY 27, 2022 RESPONSE TO BISHOP’S SECOND OBJECTION TO REFERRAL TO ASSOCIATE JUDGE. 698 FILED ON JANUARY , DAVID H. HAMILTON , INDIVIDUALLY AND AS TRUSTEE OF T.H. TRUST’S RESPONSE TO DEFENDANTS’ MOTION TO DISMISS FOR LACK OF JURISDICTION FILED ON JANUARY 31, 2022 ORDER DENYING HAMILTON’S AMENDED MOTION FOR NO EVIDENCE SUMMARY JUDGMENT 708 FILED ON JUNE 21, 2021 ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT FILED ON FEBRUARY 8, 2021 MEMORANDUM OPINION FROM FIRST COURT OF APPEALS 716 FILED ON NOVEMBER 8, 2022 DEFENDANTS AND COUNTER-PLAINTIFFS, ROBERT G. PATE AND JUDY K. PATE’S REQUEST FOR CLERK’S RECORD 717 FILED ON JANUARY 17, 2023 DOCKET SHEET. 724 BILL OF COSTS 725 CLERK’S CERTIFICATE 726