Motion,Ex Parte: Janis Lowe, Et Al vs. Parkwood Village Homeowners Association, Inc.

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                                Filed: 3/2/2022 12:10 AM
                                                                                      JOHN D. KINARD - District Clerk
                                                                                            Galveston County, Texas
                                                                                             Envelope No. 62206417
                                                                                                     By: Rolande Kain
                                                                                                    3/2/2022 8:34 AM

                                          NO. 21-CV-0607

JANIS LOWE, KAREN SMITH, KIM                       §     IN THE DISTRICT COURT
SHAW AND GWENDOLYN OBERT                           §
Plaintiffs,                                        §
                                                   §
V.                                                 §     122ND JUDICIAL DISTRICT
                                                   §
PARKWOOD VILLAGE                                   §
HOMEOWNERS ASSOCIATION, INC.                       §
Defendant.                                         §     OF GALVESTON COUNTY, TEXAS

                                      MOTION TO STRIKE

TO THE HONORABLE JUDGE OF SAID COURT:

       NOW COME Janis Lowe, Karen Smith, Kim Shaw and Gwendolyn Obert, Plaintiffs

herein, object to summary judgment evidence filed and offered herein by Parkwood Village

Homeowners Association, Inc., and hereby file this Motion to Strike the affidavit of Peter Gorman,

and would show the following:

                                                   I.

       Motion for Summary Judgment has been filed in this cause by Parkwood Village

Homeowners Association, Inc. herein. In support of said Motion, Parkwood Village Homeowners

Association, Inc. filed the affidavit of Peter Gorman. Said affidavit does not set forth facts that

would be admissible in evidence pursuant to Rule 166a(f) of the Texas Rules of Civil Procedure,

and Plaintiffs thereby object to said affidavit.

                                                   II.

       Plaintiffs aver that the affidavit of Peter Gorman is not proper or admissible summary

judgment evidence because it violates the parol summary judgment evidence rule.

                                              PRAYER

       WHEREFORE, PREMISES CONSIDERED, Plaintiffs Janis Lowe, Karen Smith, Kim
Shaw and Gwendolyn Obert request that, upon hearing of the Motion for Summary Judgment, the

Court sustain the above-described objection to the summary judgment evidence offered by

Parkwood Village Homeowners Association, Inc., that the affidavit of Peter Gorman be stricken,

or, alternatively, that the portion of said affidavit objected to be stricken, and for such other and

further relief that may be awarded at law or in equity.


                                              Respectfully submitted,

                                              Daly Campbell Law Firm, PLLC


                                              By:
                                                    J. Reese Campbell
                                                    Texas Bar No. 24045020
                                                    Email: reese@dalycampbell.com
                                                    3401 Harrisburg Blvd
                                                    Suite H2
                                                    Houston, Texas 77003-2438
                                                    Tel. (281) 488-1500
                                                    Fax. (281) 488-1501
                                                    Attorney for Plaintiffs
                                                    Janis Lowe, Karen Smith, Kim Shaw and
                                                    Gwendolyn Obert




                                 CERTIFICATE OF SERVICE

       I certify that on March 1, 2022 a true and correct copy of Plaintiffs' Motion to Strike was
served on Cory S. Reed electronically through the electronic filing manager.



                                              J. Reese Campbell
                         Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.

James Campbell
Bar No. 24045020
reese@dalycampbell.com
Envelope ID: 62206417
Status as of 3/2/2022 8:35 AM CST

Associated Case Party: Janis Lowe

Name                 BarNumber Email                         TimestampSubmitted Status

Brendan MDaly                    bdaly@dalycampbell.com      3/2/2022 12:10:09 AM    SENT

James Campbell       24045020    reese@dalycampbell.com 3/2/2022 12:10:09 AM         SENT



Associated Case Party: Parkwood Village Homeowners Association, Inc.

Name                BarNumber Email                           TimestampSubmitted     Status

Cory SReed                      creed@thompsoncoe.com         3/2/2022 12:10:09 AM   SENT

Trisha Farine       24008133    tfarine@daughtryfarine.com    3/2/2022 12:10:09 AM   SENT

Amanda Taylor                   aetaylor@thompsoncoe.com      3/2/2022 12:10:09 AM   SENT



Case Contacts

Name                   BarNumber   Email                              TimestampSubmitted Status

Trisha TaylorFarine                farine.filing@daughtryfarine.com   3/2/2022 12:10:09 AM    SENT

Lori Ashley-Dafft                  lashleydafft@thompsoncoe.com       3/2/2022 12:10:09 AM    SENT

Linda Alvarado                     lalvarado@thompsoncoe.com          3/2/2022 12:10:09 AM    SENT