Preview
Electronically Filed
111712023 12:00 AM
Crow, Kelly N.
Justice of the Peace, Pct 1 Place 1
Fort Bend County, Texas
CAUSE NO. 22-JEV11-00419
AUS ATELLITE AND IN THE JUSTICE COURT
REENDOOR CO., LLC
PRECINCT 1 PLACE 1
NIG ‘ORD OF FORT BEND COUNTY, TEXAS
DEFENDANT'S CTIO JO JURISIDICTION, ORIGINAL ANSWER AND TRIAL
DEMAND
To the Honorable de of this Court:
Objection to risdigtion
According ta T dde§ 27.031, Defendant, Nicole Clifford, asserts that
this Court lacks jurisdictid é subject dispute as there is currently a
Qe
dispute over title pending in case no. 21-! 88 Jit 87" Judicial District of Fort
Bend County, Texas, and also in c: 2-DCV-. 988. 268" Judicial District of
Fort Bend County, Texas; A justice Court dogs‘hot Have CrisdiGtion of “a suit for trial of title
to land” or a suit for the enforcement of ¢lien ‘n land. jov’t Code § 27.031 (b) (4) and
(5). Defendant contends that her claims of title in 6 the subject property and defenses of
adverse possession require resolution prior to deter ediate possession.
Defendant has asserted in case no. 22-DC 298812 in th 63 Judie District
of Fort Bend County, Texas the following defenses and erts.the same h in as her
objection to the jurisdiction of this Court to adjudicate her to po s the subject
property:
a. the defendant alleges by way of defense that plaiftifi clain
is barred by
the statute of limitations set forth in Section 16.0: 60 vil Practice
and Remedies Code, in that the defendant and those der whom the
defendant claims, have had adverse possession, in good ith,of 4]
premises in controversy. The defendant has been in actual, op
notorious, exclusive, hostile, and adverse possession of the property which
Page 1 Of 5
is the subject matter of this action, claiming under possession and who has
and does cultivates, uses, or enjoys the property since approximately
October 23, 2009. Such date precedes the commencement of this action by
mi than five years. During this period, the defendant has continuously
ated, used, and enjoyed these premises and paid and/or contributed
to taxes on said property as they became due since January 1, 2010.
endant, and those under whom the Defendant claim, have had
Good fal dverse possession of the property in controversy for at least
one yea efore the date the action began as provided in Section 22.021 of
th s Property Code. Defendant made permanent and valuable
pprov. en: property while in possession ofsaid premises. The
value ofthe premises is\significantly increased by from the date of
possession and improvements the Defendant. Defendant in good
faith under assi ption; tations that she was a co-owner of
the subject property, ile NOS; on of the subject property, and
while she clai be the own the ptep and paid assessed taxes
and maintenance fees on bject propert
Alternative Pleadings
General al
Se
3 In the alternative to her objection to jurisd (on, Defend: NICO! Ly)
CLIFFORD, appearing by and through Derek A. Jo! an J.D., LL. , atl ey Of record,
enters a general denial.
Affirmative Defenses
In the alternative to her objection to jurisdiction Defendant pleads
affirmative defenses:
Defendant is not liable as alleged by Plaintiff because fraud, w le ands,
unconscionability. Plaintiff is an LLC owned by Gerald Hawxhurst. Gerald’is th of
Kris Hawxhurst. Defendant and Kris were recently in a long time relationship Défendant
and Kris purchased the subject property together back in approximately 2009. Plaintiff is
Page 2 Of 5
owned by Kr °s father. Plaintiff and Kris are aware that Kris and Defendant agreed to
purcha: pfoperty jointly, and is also aware that defendant has paid for the purchase
pr luding the down payment and monthly payments, and taxes and insurance and made
able improvement: 0 the property. Plaintiff now attempts to defraud Defendant of her
ownership and eq uthe subject property.
eridant is not liable as alleged by Plaintiff because of Plaintiff's claim of
adv possession, escribed in paragraph 2 hereinabove, which is reincorporated herein
by reference,
the alterna ¢ defendant’s claim of adverse possession, Defendant is not
liable as alleged b: ntiff beca of unjust enrichment of Plaintiff. Defendant has paid
for the purchase p e, incladin ie UO R payment and monthly payments, and taxes and
insurance and made valuable improvem) nts to the property and Plaintiff is-the recipient of
Defendant’s contributions a id improvements to v3 fhout just compensation to
defendant,
Defendant reserves the rig assert fur affirn ive defenses as they become
evident through discovery investig: on.
d Pleas
8 As required by Rule 93, Texas Ri Avil P ‘Ocedur Defendant says that this
suit cannot continue because there is another suit pending this State between the same
parties involving the same claim.
Attorney's Fees
9 Defendant hereby requests judgment against Plain, feasonakle and
necessary attorney’s fees under the provisions of Section 37.009 and 8.00 exas vil
Practice and Remedies Code.
Request for Relief
Defendant demands a trial, and asks that Plaintiff take nothing; that the ourt I
costs against Plaintiff; and that the Court grant such other and further relief, at la equity,
to which Defendant may prove to be justly entitled.
Page 3 Of 5
Respectfully submitted,
Gulley Johnson PLLC
P.O. Box 701517
Houston, TX 77270
/s/ Derek A. Johnson J.D., LL.M.
Derek A. Johnson, J.D., LL.M.
Attorney for Defendant
Bar no: 24034288
Phone: (866) 606-7151
Fax: (281) 271-8431
Email: Derek@gulleyjohnson.com
Ce ivate of Service
I certify that a true goply ofthis docur nt was served in accordance with Rule 21a of the
Texas Rules of Civil Procedwre\qn th dllowing® 6, 2023
Gerald E. Hawxhurst by electronic fj at jerry @ hawxhurstllp.com.
manager
/s/ DerekA. Jo On. LL.M.
Sion rek A. Johnson J.D., LL.M.
‘torneyfor D. ndant
Page 4 Of 5
YY
CAUSE NO. 22-JEV11-00419
AUSTID PELLITE AND IN THE JUSTICE COURT
SC. Rd DOOR CO., LLC
PRECINCT 1 PLACE 1
Q LE CLD RD OF FORT BEND COUNTY, TEXAS
RIFJCATION OF NICOLE CLIFFORD
Un orn Declaration of Nicole Clifford
State of Texas
County of Ft. Bend
“My name is Nicole/Clifford. My date|of birth is 1
am over 18 years of age, of sound imind d ¢apab ig this declaration, my address is
The Tein’ ited are within my personal
knowledge.
Tam capable of making this verification, tead the forSong Pleading. The facts
stated in paragraph 8 are within my personal owledge and e and correct.
I declare under penalty of perjury that the going ect,
Executed in Fort Bend County, State of Texas, on the 16th/day of Janu 2023 O
Nicole Clifford
FIN o RD
NO. BO}
Preview
Electronically Filed 111712023 12:00 AM Crow, Kelly N. Justice of the Peace, Pct 1 Place 1 Fort Bend County, Texas CAUSE NO. 22-JEV11-00419 AUS ATELLITE AND IN THE JUSTICE COURT REENDOOR CO., LLC PRECINCT 1 PLACE 1 NIG ‘ORD OF FORT BEND COUNTY, TEXAS DEFENDANT'S CTIO JO JURISIDICTION, ORIGINAL ANSWER AND TRIAL DEMAND To the Honorable de of this Court: Objection to risdigtion According ta T dde§ 27.031, Defendant, Nicole Clifford, asserts that this Court lacks jurisdictid é subject dispute as there is currently a Qe dispute over title pending in case no. 21-! 88 Jit 87" Judicial District of Fort Bend County, Texas, and also in c: 2-DCV-. 988. 268" Judicial District of Fort Bend County, Texas; A justice Court dogs‘hot Have CrisdiGtion of “a suit for trial of title to land” or a suit for the enforcement of ¢lien ‘n land. jov’t Code § 27.031 (b) (4) and (5). Defendant contends that her claims of title in 6 the subject property and defenses of adverse possession require resolution prior to deter ediate possession. Defendant has asserted in case no. 22-DC 298812 in th 63 Judie District of Fort Bend County, Texas the following defenses and erts.the same h in as her objection to the jurisdiction of this Court to adjudicate her to po s the subject property: a. the defendant alleges by way of defense that plaiftifi clain is barred by the statute of limitations set forth in Section 16.0: 60 vil Practice and Remedies Code, in that the defendant and those der whom the defendant claims, have had adverse possession, in good ith,of 4] premises in controversy. The defendant has been in actual, op notorious, exclusive, hostile, and adverse possession of the property which Page 1 Of 5 is the subject matter of this action, claiming under possession and who has and does cultivates, uses, or enjoys the property since approximately October 23, 2009. Such date precedes the commencement of this action by mi than five years. During this period, the defendant has continuously ated, used, and enjoyed these premises and paid and/or contributed to taxes on said property as they became due since January 1, 2010. endant, and those under whom the Defendant claim, have had Good fal dverse possession of the property in controversy for at least one yea efore the date the action began as provided in Section 22.021 of th s Property Code. Defendant made permanent and valuable pprov. en: property while in possession ofsaid premises. The value ofthe premises is\significantly increased by from the date of possession and improvements the Defendant. Defendant in good faith under assi ption; tations that she was a co-owner of the subject property, ile NOS; on of the subject property, and while she clai be the own the ptep and paid assessed taxes and maintenance fees on bject propert Alternative Pleadings General al Se 3 In the alternative to her objection to jurisd (on, Defend: NICO! Ly) CLIFFORD, appearing by and through Derek A. Jo! an J.D., LL. , atl ey Of record, enters a general denial. Affirmative Defenses In the alternative to her objection to jurisdiction Defendant pleads affirmative defenses: Defendant is not liable as alleged by Plaintiff because fraud, w le ands, unconscionability. Plaintiff is an LLC owned by Gerald Hawxhurst. Gerald’is th of Kris Hawxhurst. Defendant and Kris were recently in a long time relationship Défendant and Kris purchased the subject property together back in approximately 2009. Plaintiff is Page 2 Of 5 owned by Kr °s father. Plaintiff and Kris are aware that Kris and Defendant agreed to purcha: pfoperty jointly, and is also aware that defendant has paid for the purchase pr luding the down payment and monthly payments, and taxes and insurance and made able improvement: 0 the property. Plaintiff now attempts to defraud Defendant of her ownership and eq uthe subject property. eridant is not liable as alleged by Plaintiff because of Plaintiff's claim of adv possession, escribed in paragraph 2 hereinabove, which is reincorporated herein by reference, the alterna ¢ defendant’s claim of adverse possession, Defendant is not liable as alleged b: ntiff beca of unjust enrichment of Plaintiff. Defendant has paid for the purchase p e, incladin ie UO R payment and monthly payments, and taxes and insurance and made valuable improvem) nts to the property and Plaintiff is-the recipient of Defendant’s contributions a id improvements to v3 fhout just compensation to defendant, Defendant reserves the rig assert fur affirn ive defenses as they become evident through discovery investig: on. d Pleas 8 As required by Rule 93, Texas Ri Avil P ‘Ocedur Defendant says that this suit cannot continue because there is another suit pending this State between the same parties involving the same claim. Attorney's Fees 9 Defendant hereby requests judgment against Plain, feasonakle and necessary attorney’s fees under the provisions of Section 37.009 and 8.00 exas vil Practice and Remedies Code. Request for Relief Defendant demands a trial, and asks that Plaintiff take nothing; that the ourt I costs against Plaintiff; and that the Court grant such other and further relief, at la equity, to which Defendant may prove to be justly entitled. Page 3 Of 5 Respectfully submitted, Gulley Johnson PLLC P.O. Box 701517 Houston, TX 77270 /s/ Derek A. Johnson J.D., LL.M. Derek A. Johnson, J.D., LL.M. Attorney for Defendant Bar no: 24034288 Phone: (866) 606-7151 Fax: (281) 271-8431 Email: Derek@gulleyjohnson.com Ce ivate of Service I certify that a true goply ofthis docur nt was served in accordance with Rule 21a of the Texas Rules of Civil Procedwre\qn th dllowing® 6, 2023 Gerald E. Hawxhurst by electronic fj at jerry @ hawxhurstllp.com. manager /s/ DerekA. Jo On. LL.M. Sion rek A. Johnson J.D., LL.M. ‘torneyfor D. ndant Page 4 Of 5 YY CAUSE NO. 22-JEV11-00419 AUSTID PELLITE AND IN THE JUSTICE COURT SC. Rd DOOR CO., LLC PRECINCT 1 PLACE 1 Q LE CLD RD OF FORT BEND COUNTY, TEXAS RIFJCATION OF NICOLE CLIFFORD Un orn Declaration of Nicole Clifford State of Texas County of Ft. Bend “My name is Nicole/Clifford. My date|of birth is 1 am over 18 years of age, of sound imind d ¢apab ig this declaration, my address is The Tein’ ited are within my personal knowledge. Tam capable of making this verification, tead the forSong Pleading. The facts stated in paragraph 8 are within my personal owledge and e and correct. I declare under penalty of perjury that the going ect, Executed in Fort Bend County, State of Texas, on the 16th/day of Janu 2023 O Nicole Clifford FIN o RD NO. BO}