Preview
FILED
1/22/2024 3:52 PM
1 WRIT-ESERVE FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Christi Underwood DEPUTY
DC-24-01154
CAUSE NO. ____________
WINSTON WATER COOLER OF § IN THE DISTRICT COURT
HOUSTON, LTD., §
§
plaintiff, §
§
v. § 192nd JUDICIAL DISTRICT
§
FROST BANK, §
§
garnishee. §
§ DALLAS COUNTY, TEXAS
PLAINTIFF’S APPLICATION FOR
WRIT OF GARNISHMENT AFTER JUDGMENT
Winston Water Cooler of Houston, Ltd. (“Winston” or “Plaintiff”), plaintiff in
garnishment, files this Application for Writ of Garnishment after Judgment on Frost Bank
(“Garnishee”), garnishee, and respectfully shows the Court as follows:
PARTIES
1. Plaintiff is a Texas limited partnership.
2. Frost Bank, Garnishee, is a Texas Financial Institution, which may be served with
citation by and through its registered agent, Corporation Service Company dba CSC - Lawyers
Incorporating Service Company, at its registered office located at 211 East 7th Street, Suite
620, Austin, Texas 78701-3218.
VENUE AND JURISDICTION
3. Venue is proper in Dallas County, Texas because the underlying judgment
against GCE Services, LLC and Robert Gonzales, individually, (collectively, “Judgment
Defendants”) was rendered Dallas County, Texas.
4. Jurisdiction is proper in this Court because it is the Court that rendered the
underlying judgment against Judgment Defendants, to be enforced.
PLAINTIFF’S APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT page 1 of 3
FACTS
5. Plaintiff has a valid, subsisting, and final judgment against Judgment Defendants,
in Cause Number DC-22-14944; Winston Water Cooler of Houston, Ltd. v. GCE Services, LLC
and Robert Gonzales; and entered in this Court on February 13, 2023 (the “Judgment”). A true
and correct copy of the Judgment is attached as Exhibit “A” and is incorporated in this
Application for all intents and purposes as if fully set forth at length verbatim.
6. Within Plaintiff’s knowledge, Judgment Defendants do not possess property in
Texas subject to execution sufficient to satisfy the judgment. This garnishment is not sought to
injure Judgment Defendants or Garnishee.
AFFIDAVIT
7. Plaintiff is entitled to issuance of a writ of garnishment on the grounds stated in
the Affidavit of Jacob R. Masters, an attorney for Plaintiff, which is attached as Exhibit “B” and is
incorporated in this Application for all intents and purposes as if fully set forth at length verbatim.
Prayer
Plaintiff prays that:
a. a Writ of Garnishment be issued directed to Garnishee;
b. Plaintiff be granted judgment against Garnishee for the amount now due
on Plaintiffs judgment rendered against Judgment Defendants, together
with interest and costs of the suit in the original case and in this
garnishment proceeding;
c. Plaintiff be granted judgment for prejudgment and post-judgment interest
at the highest rate allowed by law; and
d. Plaintiff be granted all further relief to which Plaintiff may be entitled.
PLAINTIFF’S APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT page 2 of 3
Respectfully submitted,
NIXON JACH HUBBARD, PLLC
by: _____
Jacob R. Masters
State Bar No. 24092772
jmasters@njh-law.com
Anthony P. Jach
State Bar No. 00790947
tjach@njh-law.com
Crescent International Plaza III
14241 Dallas Parkway, suite 575
Dallas, Texas 75245
telephone: (972) 503-7000
facsimile: (972) 503-7001
ATTORNEYS FOR WINSTON WATER
COOLER OF HOUSTON, LTD.
PLAINTIFF’S APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT page 3 of 3
Exhibit A
CAUSE NO. DC-22-14944
WINSTON WATER COOLER 0F § IN THE DISTRICT COURT
HOUSTON, LTD., §
§
plaintiff, §
§
v. § 192nd JUDICIAL DISTRICT
§
GCE SERVICES, LLC AND §
ROBERT GONZALES, §
§
defendants. § DALLAS COUNTY, TEXAS
DEFAULT JUDGMENT
CAME TO BE CONSIDERED the above-entitled and numbered cause, wherein Winston
Water Cooier of Houston, Ltd. ("Winston” or "Plaintiff”) is the plaintiff and GCE Services, LLC
and Robert gonzales (coilectiveiy, "Defendants") are the defendants.
The Court has examined the pleadings and the evidence and finds that it has jurisdiction
in this case. the returns of service upon Defendants have been on file with the Clerk of this
Court for more than ten days exclusive of the date of filing and of this date. the Defendants have
neither filed the proper answer nor appeared, and that Winston is entitled to a default judgment
on its claims against Defendants. Specifically, Winston is entitled to a defautt judgment on its
claims against GCE Services. LLC for Breach of Contract, Quantum Meruit, Suit on Sworn
Account, Prompt Payment under Chapter 28 of the TEXAS PROPERTY CODE. and Trust Fund
Violation under Chapter 162 of the TEXAS PROPERTY CODE: and against Robert Gonzales for
Trust Fund Violation under Chapter 162 of the TEXAS PROPERTY CODE.
The Court further finds that the material allegations of Plaintiff‘s Original Petition are
deemed admitted as to Defendants. These allegations include that Defendants were paid for
work performed using materials supplied by Winston, but that they did not pay Winston the
DEFAULT JUDGMENT page 1 of 3
funds attributable to Winston‘s work and materials, all in violation of the Texas Trust Fund
Statute.
Defendants do not dispute Winston's claims and the Court finds Winston has produced
that
sufficient evidence as to damages against Defendants. Accordingly. the Court finds
Winston has been damaged by Defendants. IT IS, THEREFORE:
ORDERED, ADJUDGED, and DECREED that Plaintiff recover from Defendants. jointly
and severally, as follows:
1. $158,465.63 as the principal amount due;
2. $31,449.20 as prejudgrnent interest on the principal amount;
3. $1,070.00 as reasonable and necessary attorneys’ fees:
4. $699.72 for costs of court;
I
5. for a total judgment amount of $191,684.55, which includes pre-judgment
and which total
interest, reasonable and necessary attorneys’ fees. and all costs of court.
rate 1.5% per month from the date of
judgment amount accrues post-judgment interest at the
judgment until the judgment is fully satisfied;
RBH
RBH
ORDERED, ADJUDGED, and DECREED that Defendants take nothing against Plaintiff
for any and all claims which could have been asserted in this lawsuit. IT IS FURTHER
ORDERED that Plaintiff be allowed all such writs and process as may be necessary,
to collect this judgment, and that all
including execution, garnishment and other writs of process
page 2 of 3
DEFAULT JUDGMENT .
in furtherance of
costs thereof by assessed against Defendants; that a writ of execution be issued
Plaintiff collecting its judgment against Defendants; and that all costs be assessed against
Defendants. This judgment is final and disposes of all parties and all claims and is appealable.
All relief requested in this case that is not expressly granted is denied.
February
. 13th 2023.
SIGNED this day of ,
,7 -’
.f’ Kx)-/ 117’
ff
1'
11:12mo AM
”5&2; 2113121123
Associate Judge
DEFAULT JUDGMENT page 3 of 3
Exhibit B
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.
Jennifer Hubbard on behalf of Jacob Masters
Bar No. 24092772
jhubbard@njh-law.com
Envelope ID: 83659069
Filing Code Description: Original Petition
Filing Description:
Status as of 1/25/2024 7:52 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Jacob Masters jmasters@njh-law.com 1/22/2024 3:52:59 PM SENT
Jennifer Hubbard jhubbard@njh-law.com 1/22/2024 3:52:59 PM SENT
Preview
FILED 1/22/2024 3:52 PM 1 WRIT-ESERVE FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Christi Underwood DEPUTY DC-24-01154 CAUSE NO. ____________ WINSTON WATER COOLER OF § IN THE DISTRICT COURT HOUSTON, LTD., § § plaintiff, § § v. § 192nd JUDICIAL DISTRICT § FROST BANK, § § garnishee. § § DALLAS COUNTY, TEXAS PLAINTIFF’S APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT Winston Water Cooler of Houston, Ltd. (“Winston” or “Plaintiff”), plaintiff in garnishment, files this Application for Writ of Garnishment after Judgment on Frost Bank (“Garnishee”), garnishee, and respectfully shows the Court as follows: PARTIES 1. Plaintiff is a Texas limited partnership. 2. Frost Bank, Garnishee, is a Texas Financial Institution, which may be served with citation by and through its registered agent, Corporation Service Company dba CSC - Lawyers Incorporating Service Company, at its registered office located at 211 East 7th Street, Suite 620, Austin, Texas 78701-3218. VENUE AND JURISDICTION 3. Venue is proper in Dallas County, Texas because the underlying judgment against GCE Services, LLC and Robert Gonzales, individually, (collectively, “Judgment Defendants”) was rendered Dallas County, Texas. 4. Jurisdiction is proper in this Court because it is the Court that rendered the underlying judgment against Judgment Defendants, to be enforced. PLAINTIFF’S APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT page 1 of 3 FACTS 5. Plaintiff has a valid, subsisting, and final judgment against Judgment Defendants, in Cause Number DC-22-14944; Winston Water Cooler of Houston, Ltd. v. GCE Services, LLC and Robert Gonzales; and entered in this Court on February 13, 2023 (the “Judgment”). A true and correct copy of the Judgment is attached as Exhibit “A” and is incorporated in this Application for all intents and purposes as if fully set forth at length verbatim. 6. Within Plaintiff’s knowledge, Judgment Defendants do not possess property in Texas subject to execution sufficient to satisfy the judgment. This garnishment is not sought to injure Judgment Defendants or Garnishee. AFFIDAVIT 7. Plaintiff is entitled to issuance of a writ of garnishment on the grounds stated in the Affidavit of Jacob R. Masters, an attorney for Plaintiff, which is attached as Exhibit “B” and is incorporated in this Application for all intents and purposes as if fully set forth at length verbatim. Prayer Plaintiff prays that: a. a Writ of Garnishment be issued directed to Garnishee; b. Plaintiff be granted judgment against Garnishee for the amount now due on Plaintiffs judgment rendered against Judgment Defendants, together with interest and costs of the suit in the original case and in this garnishment proceeding; c. Plaintiff be granted judgment for prejudgment and post-judgment interest at the highest rate allowed by law; and d. Plaintiff be granted all further relief to which Plaintiff may be entitled. PLAINTIFF’S APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT page 2 of 3 Respectfully submitted, NIXON JACH HUBBARD, PLLC by: _____ Jacob R. Masters State Bar No. 24092772 jmasters@njh-law.com Anthony P. Jach State Bar No. 00790947 tjach@njh-law.com Crescent International Plaza III 14241 Dallas Parkway, suite 575 Dallas, Texas 75245 telephone: (972) 503-7000 facsimile: (972) 503-7001 ATTORNEYS FOR WINSTON WATER COOLER OF HOUSTON, LTD. PLAINTIFF’S APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT page 3 of 3 Exhibit A CAUSE NO. DC-22-14944 WINSTON WATER COOLER 0F § IN THE DISTRICT COURT HOUSTON, LTD., § § plaintiff, § § v. § 192nd JUDICIAL DISTRICT § GCE SERVICES, LLC AND § ROBERT GONZALES, § § defendants. § DALLAS COUNTY, TEXAS DEFAULT JUDGMENT CAME TO BE CONSIDERED the above-entitled and numbered cause, wherein Winston Water Cooier of Houston, Ltd. ("Winston” or "Plaintiff”) is the plaintiff and GCE Services, LLC and Robert gonzales (coilectiveiy, "Defendants") are the defendants. The Court has examined the pleadings and the evidence and finds that it has jurisdiction in this case. the returns of service upon Defendants have been on file with the Clerk of this Court for more than ten days exclusive of the date of filing and of this date. the Defendants have neither filed the proper answer nor appeared, and that Winston is entitled to a default judgment on its claims against Defendants. Specifically, Winston is entitled to a defautt judgment on its claims against GCE Services. LLC for Breach of Contract, Quantum Meruit, Suit on Sworn Account, Prompt Payment under Chapter 28 of the TEXAS PROPERTY CODE. and Trust Fund Violation under Chapter 162 of the TEXAS PROPERTY CODE: and against Robert Gonzales for Trust Fund Violation under Chapter 162 of the TEXAS PROPERTY CODE. The Court further finds that the material allegations of Plaintiff‘s Original Petition are deemed admitted as to Defendants. These allegations include that Defendants were paid for work performed using materials supplied by Winston, but that they did not pay Winston the DEFAULT JUDGMENT page 1 of 3 funds attributable to Winston‘s work and materials, all in violation of the Texas Trust Fund Statute. Defendants do not dispute Winston's claims and the Court finds Winston has produced that sufficient evidence as to damages against Defendants. Accordingly. the Court finds Winston has been damaged by Defendants. IT IS, THEREFORE: ORDERED, ADJUDGED, and DECREED that Plaintiff recover from Defendants. jointly and severally, as follows: 1. $158,465.63 as the principal amount due; 2. $31,449.20 as prejudgrnent interest on the principal amount; 3. $1,070.00 as reasonable and necessary attorneys’ fees: 4. $699.72 for costs of court; I 5. for a total judgment amount of $191,684.55, which includes pre-judgment and which total interest, reasonable and necessary attorneys’ fees. and all costs of court. rate 1.5% per month from the date of judgment amount accrues post-judgment interest at the judgment until the judgment is fully satisfied; RBH RBH ORDERED, ADJUDGED, and DECREED that Defendants take nothing against Plaintiff for any and all claims which could have been asserted in this lawsuit. IT IS FURTHER ORDERED that Plaintiff be allowed all such writs and process as may be necessary, to collect this judgment, and that all including execution, garnishment and other writs of process page 2 of 3 DEFAULT JUDGMENT . in furtherance of costs thereof by assessed against Defendants; that a writ of execution be issued Plaintiff collecting its judgment against Defendants; and that all costs be assessed against Defendants. This judgment is final and disposes of all parties and all claims and is appealable. All relief requested in this case that is not expressly granted is denied. February . 13th 2023. SIGNED this day of , ,7 -’ .f’ Kx)-/ 117’ ff 1' 11:12mo AM ”5&2; 2113121123 Associate Judge DEFAULT JUDGMENT page 3 of 3 Exhibit B 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. Jennifer Hubbard on behalf of Jacob Masters Bar No. 24092772 jhubbard@njh-law.com Envelope ID: 83659069 Filing Code Description: Original Petition Filing Description: Status as of 1/25/2024 7:52 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Jacob Masters jmasters@njh-law.com 1/22/2024 3:52:59 PM SENT Jennifer Hubbard jhubbard@njh-law.com 1/22/2024 3:52:59 PM SENT