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CAUSE N0. DC-19- Q. é 20,5
YOLANDA M. ALLEN § IN THE DISTRICT COURT
§
Plaintiff, §
§
§
v. § IQ7w JUDICIAL DISTRICT
§
SAMI HABASH and §
CHRISTINE SAHOURY, §
§
§
§
§
§
§
Defendants. § DALLAS COUNTY, TEXAS
ORDER GRANTING APPLICATION FOR TEMPORARY
RESTRAINING ORDER AND SETTING HEARING ON TEMPORARY INJUNCTION
0N THIS DAY came on to be heard the Plaintiff’s request for the entry 0f a Temporary
Restraining Order as set forth in the verified Plaintiff s Original Petition and Application for
Temporary Restraining Order and Temporary and Permanent Injunctive Relief (hereafier referred to
as the “Application”), filed by YOLANDA M. ALLEN, Plaintiff, in the above-entitled and numbered
cause.
The Plaintiffs appeared by and through their counsel of record. Defendants Sami Habash and
Christine Sahoury appeared through their attorney of record.
Having considered the Plaintiffs’ request, as verified by the Plaintiff’s’ affidavit, together
with the arguments of counsel and the applicable law, the Court hereby makes the following findings
ORDER GRANTING TEMPORARY RESTRAINING ORDER AND SETTING
HEARING ON TEMPORARY INIUNCTION - Page 1
and conclusions:
1. Based on the facts set forth in the Petition, as verified by the Affidavit onolanda M.
Allen, and the findings and conclusions set forth below, the Court is 0fthe opinion that the hearing
of this matter is proper or based on the facts set forth in the Petition, as verified by the Affidavit of
Yolanda M. Allen, and the findings and conclusions set forth below, the Court is ofthe opinion that
Plaintiff’s request for a temporary restraining order and application of injunctive relief should be
granted.
2. There is a substantial likelihood that the Plaintiff will prevail on the merits of her
claims against the Defendants.
3. As a direct and proximate result 0f the Defendants’ acts and conduct, as set forth
in the Petition, the Plaintiffs have suffered, and will continue to suffer, damage and loss,
including, but not limited to the damages stated in Plaintiff s First Original Petition and the
affidavit of Yolanda M. Allen, as well as the loss of property rights related to the property more
commonly known as 1623 S. Westmoreland Rd, Glenn Heights, Texas 75154, Dallas County,
Texas (referred to as “Plaintifi’s Premises,” “Allen Homestead,” or “Real Property”). The legal
description of the Real Property is attached below:
ORDER GRANTING TEMPORARY RESTRAINING ORDER AND SETTING
HEARING ON TEMPORARY INIUNCTION - Page 2
BEING Situated in the ABRAHAM HART SURVEY. ABSTRACT No. 563, and beim a part of that certain
20.8237 acres conveyed to Syble Bray by Deed mcarded in Volume 81019, Pay 1029, Deed Rewds of
Danas County, Texas, and being more particuiarty Desmbed by meets and bounds as inflows:
BEGINMNG at an imn rod found for comer in the West line of We'stmoreland Road (60mm right of
way), that is South 00 degrees 13 minuhes 59 Seconds East. 392.06 feet from Northwest comer ofsaid
Syble Bray tram
THENCE continuing South 00 degrees 13 minubes 59 seconds East. Along the West lineanestmoreiand
Road and the East fine ofsaid Bray tact, a distance of 121.66 feet to an iron rod set far corner;
THENCE South 89 degrees 51 minutes 05 seconds West and Crossing Said Bray um, adistance of 750
feet to an iron rod found for comer at an angle point;
THENCE West and Continuing across said Bray tract. a distance of 250 feet to an iron wd found for
comer in the West line of said Bray tact;
THENCE Norm 89 degrees 53 minutes 19 seconds East, and crossing 5am s'ray tract. q distance or
1,000.0 feet to the mes 0F aesmmus and commute 121,902 square feet m
2.793 acres ot find.
‘
moreor tess.
4. Other irreparable harm includes the loss of use and enjoyment of said property (the
Allen homestead), losing the right to possess the property; the loss associated with having
Defendants Sami Habash and Christine Sahoury actually 0r appear to encumber or transfer the
property interest in the Allen Homestead t0 third parties; the loss of the ability to calculate and
measure damages; fears that the appraisal to purchase the home or prove the ability to purchase the
home would not occur or would be tainted or fears that Plaintiff s ability t0 prove her case and prove
ORDER GRANTING TEMPORARY RESTRAINING ORDER AND SETTING
HEARING ON TEMPORARY INIUNCTION - Page 3
that she will be able to close 0n the home in a fast fashion will be lost if the appraiser cannot make
the appraisal, and fears that valuable witnesses may become unavailable or insolvent. There is also a
substantial likelihood that the status quo will not be preserved (of a Plaintiff in Possession 0f
Plaintiff s Premises with a valid claim of equitable conversion or ownership in her home)
Additionally, without a restraining order issued by this Court, Plaintifi‘will be irreparably banned by,
among other things, the fact that she will be losing his right to possess, own, lease, or sell her real
property at terms and finahcing that she accepts. Additionally, Plaintiff is losing the right to control
and possess property that she is entitled to. Finally, as detailed above, Plaintiff may very well lose
her ability to calculate and know her damages.
5. Denying this motion and allowing subsequent transfers of the Real Property
would make it more likely that a third party Will claim a bona fide purchaser for value defense, and
Plaintiff will lose the equity in the Real Property as well as the special land that was owned by her
deceased husband that they dreamed of living on together or in the worst case would be the land that
she lived on with her daughter. A subsequent transfer would only further muddle the buyer Who may
be unaware of Plaintiff s deed and claim t0 the title. Having established through the facts that there
was a settlement agreement in Cause No DC-l 8-05024, that the terms of that settlement including
Plaintiff purchasing Plaintiff s Premises to effectively have the deed to Plaintiff” s Premises in her
name, and that no lender approved valid real estate purchase contract was quickly executed by
Defendants t0 allow the steps needed for closing t0 proceed as planned and having established that
the Plaintiff is likely to prove an ability to purchase the home in the immediate near future or an
ability and Willingness to purchase the home under the terms 0f the settlement agreement but for
ORDER GRANTING TEMPORARY RESTRAINING ORDER AND SETTING
HEARING ON TEMPORARY INIUNCTION - Page 4
Defendants’ conduct of failing to quickly sign a valid lender approved real estate contract for use by
the title company and lender, Plaintiff has shown that she is likely to win at trial.
6. The above irreparable harms are imminent if the Defendants are not restrained and
enjoined fiom the acts and conduct as set forth.
7. For such harm and damage as has been done, and which may be done to Plaintiffs,
and for the harm and damage which will continue, but for the intervention of this Court, the
Plaintiffs have no adequate remedy at law.
8. Such harm, injury and loss are of a continuing nature and are, to a large degree,
incalculable.
9. As such, in the absence 0f the intervention of this Court, Plaintiffs will suffer
irreparable harm and injury.
10. The Court is therefore of the opinion that the Plaintiffs’ application and request
should be granted and that a Temporary Restraining Order should issue as set forth below.
11. Any finding of fact herein that constitutes a conclusion of law is hereby deemed a
conclusion of law.
12. Any conclusion of law herein that constitutes a finding of fact is hereby deemed a
finding of fact.
13. Any capitalized term set forth herein shall have the same meaning as set forth in the
Petition.
IT THEREFORE,
ORDERED, ADJUDGED AND DECREED that the Plaintiffs’ application and request for
ORDER GRANTING TEMPORARY RESTRAINING ORDER AND SETTING
HEARING ON TEMPORARY INIUNCTION - Page 5
the entry of a Temporary Restraining Order is hereby, in all respects, GRANTED and that each of
the Defendants, together with all their agents, servants, employees, and representatives, and all those
persons acting in concett, or participation in any way, with any of such Defendants and any persons
with actual notice or knowledge ofthis Order, be, and are hereby are, immediately RESTRAINED
AND ENJOINED from the following:
A. Defendants are restrained from selling or transferring through foreclosure
or otherwise, Plaintiff s Premises that is the subj ect of this litigation, except for deeds
which appear to transfer any interest back to Plaintiff and
B. Defendants are restrained from seeking execution of a writ of possession
or directing an official to serve the writ or take any further steps to remove Plaintiff fiom
the Real Property pending further court order (and if contact has been made with an
official or an official has been dispatched, is directed to tell them to stop and give them a
copy of this order). Specifically, Defendants are restrained from taking any actions to
evict Occupants at Plaintiff s Premises, meaning the Defendants are prohibited from
obtaining a writ of possession, directing a constable fiom enforcing a writ of possession.
C. Defendants are restrained from taking actions that prevent the appraiser
from making an appraisal of Plaintiff‘s Premises or taking actions that affect his appraisal
ofthe Premises (including service of a writ of possession, execution of a writ of
possession or continuing forward any action on a writ ofpossession).
ORDER GRANTING TEMPORARY RESTRAINING ORDER AND SETTING
HEARING ON TEMPORARY INIUNCTION - Page 6
IT IS FURTHERED ORDERED that the Defendants SAMI HABASH and CHRISTINE
SAHOURY, shanappeax beforethjs Court on
flq‘ 1d“ ,2019, at
1 45’ o'clock _Q_.m., in the Courtroom ofthe 160th District Court in Dallas, Dallas County,
l
Texas, then and there to SHOW CAUSE, if any there be, why a temporary injunction should not
issue as requested by the Plaintiffs.
The Clerk of the Court is hereby directed to issue a show cause notice to each of the
Defendants (Sami Hadash and Christine Sahoury) to appear at the Temporary Injunction Hearing.
The Clerk in the above—titled Court shall forthwith, upon the filing of Plaintiffs of the bond
hereinafter required and on approval approving the same, according t0 law, issue a Temporary
Restraining Order in conformity with the law under the terms of this Order.
'
tiff and Defendants
Therefore, this Order shall not be effective unless and until the Plaintiff executes and files
Moo
w
SIGNED this _______day oprr%019, at mo
with the Clerk a bond in conformity with the requirements of law in the amount of $
3 Z5 ‘clock
fl ..m
PRESIDIQI’G JUDGE
ORDER GRANTING TEMPORARY RESTRAINING ORDER AND SETTING
HEARING ON TEMPORARY INIUNCTION - Page 7
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CAUSE N0. DC-19- Q. é 20,5 YOLANDA M. ALLEN § IN THE DISTRICT COURT § Plaintiff, § § § v. § IQ7w JUDICIAL DISTRICT § SAMI HABASH and § CHRISTINE SAHOURY, § § § § § § § Defendants. § DALLAS COUNTY, TEXAS ORDER GRANTING APPLICATION FOR TEMPORARY RESTRAINING ORDER AND SETTING HEARING ON TEMPORARY INJUNCTION 0N THIS DAY came on to be heard the Plaintiff’s request for the entry 0f a Temporary Restraining Order as set forth in the verified Plaintiff s Original Petition and Application for Temporary Restraining Order and Temporary and Permanent Injunctive Relief (hereafier referred to as the “Application”), filed by YOLANDA M. ALLEN, Plaintiff, in the above-entitled and numbered cause. The Plaintiffs appeared by and through their counsel of record. Defendants Sami Habash and Christine Sahoury appeared through their attorney of record. Having considered the Plaintiffs’ request, as verified by the Plaintiff’s’ affidavit, together with the arguments of counsel and the applicable law, the Court hereby makes the following findings ORDER GRANTING TEMPORARY RESTRAINING ORDER AND SETTING HEARING ON TEMPORARY INIUNCTION - Page 1 and conclusions: 1. Based on the facts set forth in the Petition, as verified by the Affidavit onolanda M. Allen, and the findings and conclusions set forth below, the Court is 0fthe opinion that the hearing of this matter is proper or based on the facts set forth in the Petition, as verified by the Affidavit of Yolanda M. Allen, and the findings and conclusions set forth below, the Court is ofthe opinion that Plaintiff’s request for a temporary restraining order and application of injunctive relief should be granted. 2. There is a substantial likelihood that the Plaintiff will prevail on the merits of her claims against the Defendants. 3. As a direct and proximate result 0f the Defendants’ acts and conduct, as set forth in the Petition, the Plaintiffs have suffered, and will continue to suffer, damage and loss, including, but not limited to the damages stated in Plaintiff s First Original Petition and the affidavit of Yolanda M. Allen, as well as the loss of property rights related to the property more commonly known as 1623 S. Westmoreland Rd, Glenn Heights, Texas 75154, Dallas County, Texas (referred to as “Plaintifi’s Premises,” “Allen Homestead,” or “Real Property”). The legal description of the Real Property is attached below: ORDER GRANTING TEMPORARY RESTRAINING ORDER AND SETTING HEARING ON TEMPORARY INIUNCTION - Page 2 BEING Situated in the ABRAHAM HART SURVEY. ABSTRACT No. 563, and beim a part of that certain 20.8237 acres conveyed to Syble Bray by Deed mcarded in Volume 81019, Pay 1029, Deed Rewds of Danas County, Texas, and being more particuiarty Desmbed by meets and bounds as inflows: BEGINMNG at an imn rod found for comer in the West line of We'stmoreland Road (60mm right of way), that is South 00 degrees 13 minuhes 59 Seconds East. 392.06 feet from Northwest comer ofsaid Syble Bray tram THENCE continuing South 00 degrees 13 minubes 59 seconds East. Along the West lineanestmoreiand Road and the East fine ofsaid Bray tact, a distance of 121.66 feet to an iron rod set far corner; THENCE South 89 degrees 51 minutes 05 seconds West and Crossing Said Bray um, adistance of 750 feet to an iron rod found for comer at an angle point; THENCE West and Continuing across said Bray tract. a distance of 250 feet to an iron wd found for comer in the West line of said Bray tact; THENCE Norm 89 degrees 53 minutes 19 seconds East, and crossing 5am s'ray tract. q distance or 1,000.0 feet to the mes 0F aesmmus and commute 121,902 square feet m 2.793 acres ot find. ‘ moreor tess. 4. Other irreparable harm includes the loss of use and enjoyment of said property (the Allen homestead), losing the right to possess the property; the loss associated with having Defendants Sami Habash and Christine Sahoury actually 0r appear to encumber or transfer the property interest in the Allen Homestead t0 third parties; the loss of the ability to calculate and measure damages; fears that the appraisal to purchase the home or prove the ability to purchase the home would not occur or would be tainted or fears that Plaintiff s ability t0 prove her case and prove ORDER GRANTING TEMPORARY RESTRAINING ORDER AND SETTING HEARING ON TEMPORARY INIUNCTION - Page 3 that she will be able to close 0n the home in a fast fashion will be lost if the appraiser cannot make the appraisal, and fears that valuable witnesses may become unavailable or insolvent. There is also a substantial likelihood that the status quo will not be preserved (of a Plaintiff in Possession 0f Plaintiff s Premises with a valid claim of equitable conversion or ownership in her home) Additionally, without a restraining order issued by this Court, Plaintifi‘will be irreparably banned by, among other things, the fact that she will be losing his right to possess, own, lease, or sell her real property at terms and finahcing that she accepts. Additionally, Plaintiff is losing the right to control and possess property that she is entitled to. Finally, as detailed above, Plaintiff may very well lose her ability to calculate and know her damages. 5. Denying this motion and allowing subsequent transfers of the Real Property would make it more likely that a third party Will claim a bona fide purchaser for value defense, and Plaintiff will lose the equity in the Real Property as well as the special land that was owned by her deceased husband that they dreamed of living on together or in the worst case would be the land that she lived on with her daughter. A subsequent transfer would only further muddle the buyer Who may be unaware of Plaintiff s deed and claim t0 the title. Having established through the facts that there was a settlement agreement in Cause No DC-l 8-05024, that the terms of that settlement including Plaintiff purchasing Plaintiff s Premises to effectively have the deed to Plaintiff” s Premises in her name, and that no lender approved valid real estate purchase contract was quickly executed by Defendants t0 allow the steps needed for closing t0 proceed as planned and having established that the Plaintiff is likely to prove an ability to purchase the home in the immediate near future or an ability and Willingness to purchase the home under the terms 0f the settlement agreement but for ORDER GRANTING TEMPORARY RESTRAINING ORDER AND SETTING HEARING ON TEMPORARY INIUNCTION - Page 4 Defendants’ conduct of failing to quickly sign a valid lender approved real estate contract for use by the title company and lender, Plaintiff has shown that she is likely to win at trial. 6. The above irreparable harms are imminent if the Defendants are not restrained and enjoined fiom the acts and conduct as set forth. 7. For such harm and damage as has been done, and which may be done to Plaintiffs, and for the harm and damage which will continue, but for the intervention of this Court, the Plaintiffs have no adequate remedy at law. 8. Such harm, injury and loss are of a continuing nature and are, to a large degree, incalculable. 9. As such, in the absence 0f the intervention of this Court, Plaintiffs will suffer irreparable harm and injury. 10. The Court is therefore of the opinion that the Plaintiffs’ application and request should be granted and that a Temporary Restraining Order should issue as set forth below. 11. Any finding of fact herein that constitutes a conclusion of law is hereby deemed a conclusion of law. 12. Any conclusion of law herein that constitutes a finding of fact is hereby deemed a finding of fact. 13. Any capitalized term set forth herein shall have the same meaning as set forth in the Petition. IT THEREFORE, ORDERED, ADJUDGED AND DECREED that the Plaintiffs’ application and request for ORDER GRANTING TEMPORARY RESTRAINING ORDER AND SETTING HEARING ON TEMPORARY INIUNCTION - Page 5 the entry of a Temporary Restraining Order is hereby, in all respects, GRANTED and that each of the Defendants, together with all their agents, servants, employees, and representatives, and all those persons acting in concett, or participation in any way, with any of such Defendants and any persons with actual notice or knowledge ofthis Order, be, and are hereby are, immediately RESTRAINED AND ENJOINED from the following: A. Defendants are restrained from selling or transferring through foreclosure or otherwise, Plaintiff s Premises that is the subj ect of this litigation, except for deeds which appear to transfer any interest back to Plaintiff and B. Defendants are restrained from seeking execution of a writ of possession or directing an official to serve the writ or take any further steps to remove Plaintiff fiom the Real Property pending further court order (and if contact has been made with an official or an official has been dispatched, is directed to tell them to stop and give them a copy of this order). Specifically, Defendants are restrained from taking any actions to evict Occupants at Plaintiff s Premises, meaning the Defendants are prohibited from obtaining a writ of possession, directing a constable fiom enforcing a writ of possession. C. Defendants are restrained from taking actions that prevent the appraiser from making an appraisal of Plaintiff‘s Premises or taking actions that affect his appraisal ofthe Premises (including service of a writ of possession, execution of a writ of possession or continuing forward any action on a writ ofpossession). ORDER GRANTING TEMPORARY RESTRAINING ORDER AND SETTING HEARING ON TEMPORARY INIUNCTION - Page 6 IT IS FURTHERED ORDERED that the Defendants SAMI HABASH and CHRISTINE SAHOURY, shanappeax beforethjs Court on flq‘ 1d“ ,2019, at 1 45’ o'clock _Q_.m., in the Courtroom ofthe 160th District Court in Dallas, Dallas County, l Texas, then and there to SHOW CAUSE, if any there be, why a temporary injunction should not issue as requested by the Plaintiffs. The Clerk of the Court is hereby directed to issue a show cause notice to each of the Defendants (Sami Hadash and Christine Sahoury) to appear at the Temporary Injunction Hearing. The Clerk in the above—titled Court shall forthwith, upon the filing of Plaintiffs of the bond hereinafter required and on approval approving the same, according t0 law, issue a Temporary Restraining Order in conformity with the law under the terms of this Order. ' tiff and Defendants Therefore, this Order shall not be effective unless and until the Plaintiff executes and files Moo w SIGNED this _______day oprr%019, at mo with the Clerk a bond in conformity with the requirements of law in the amount of $ 3 Z5 ‘clock fl ..m PRESIDIQI’G JUDGE ORDER GRANTING TEMPORARY RESTRAINING ORDER AND SETTING HEARING ON TEMPORARY INIUNCTION - Page 7