Preview
Electronically Filed
1/22/2024 12:21 PM
Hidalgo County District Clerks
Reviewed By: Faith Martinez
CAUSE NO. C-3229-23-D
ALL SEASONS ARCHITECTURAL § IN THE DISTRICT COURT OF
WINDO W MFG., INC., §
Plaintiff,
§ HIDALGO COUNTY, TX
V.
ALL PURPOSE GLASS LLC, § 206" JUDICIAL DISTRICT
Defendant.
PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT
Plaintiff All Seasons Architectural Window Mfg., Inc. (“Plaintiff”) moves the
Court to enter a Default Judgment on Plaintiff’s claims against Defendant All Purpose
Glass LLC (“Defendant”), and in support, respectfully shows as follows:
I
INTRODUCTION AND BACKGROUND
Plaintiff filed its Original Petition against Defendant on August 9, 2023 seeking
actual damages in an amount no less than Eighty-Four Thousand Seven Hundred Sixteen
Dollars and Seventy-Seven Cents ($84,716.77) for purchase of windows from plaintiff on
credit. See Plaintiff’s Original Petition.
Defendant was served with Plaintiff’s Original Petition on December 4, 2023,
making its responsive pleading due no later than December 24, 2023.
Citation was served according to law and returned to the Clerk where it remained
on file for the time required by law. A true and correct copy of the Citation and Return of
Service are attached hereto as Exhibit A and incorporated by reference for all purposes.
Although having been duly and legally cited to appear and answer, Defendant
failed to appear and answer and wholly made default. A true and correct copy of the
Court’s Docket Sheet is attached hereto as Exhibit B and incorporated by reference for
Electronically Filed
1/22/2024 12:21 PM
Hidalgo County District Clerks
Reviewed By: Faith Martinez
all purposes.
Defendant’s last known business address is 21762 Brushline Road Edinburg, TX
78542-3303, and its Registered Agent is: Daniel Vasquez, 21762 Brushline Road
Edinburg, TX 78541.
A true and correct copy of Plaintiff’s Certificate of Last Known Address is
attached hereto as Exhibit C and incorporated by reference for all purposes.
Il.
ARGUMENT AND AUTHORITY
A plaintiff may move for a default judgment when the defendant’s deadline to file
an answer has expired and the citation and proof of service have been on file with the
clerk at least ten (10) days, not counting the day of filing and the day of judgment.' The
court may render a default judgment on the pleadings against a defendant that has not
appeared or filed an answer.’ When a defendant does not file an answer, all allegations of
facts- including those establishing liability - in the plaintiff’s petition are deemed
admitted except for the amount of unliquidated damages.’ Because the Defendant has not
appeared in this case and there are no unliquidated damages, the Court should enter a
final default judgment for Plaintiff and against Defendant.
Ii.
LIQUIDATED DAMAGES
Defendant owes Plaintiff liquidated damages in the amount of $84,716.77. See
Plaintiff’s Original Petition at Exhibit B.
' TRCP 107(h); Union Pac. Corp. v. Legg, 49 S.W. 2d 72, 78 (Tex. App. - Austin 2001, no pet.).
2 See TRCP 239; Sedona Pac. Hous. Prishp. v. Ventura, 408 S.W. 3d 507, 511-512 (Tex App. - El Paso
2013, no pet.).
3 Paradigm Oil, Inc. v. Retamco Oper. Inc., 312 S.W. 3d 177, 183 (Tex. 2012).
Electronically Filed
1/22/2024 12:21 PM
Hidalgo County District Clerks
Reviewed By: Faith Martinez
Iv.
ATTORNEYS’ FEES & COSTS
Defendant had a sworn account with Plaintiff, and Plaintiff furnished materials to
Defendant. See Plaintiff’s Original Petition at Exhibits A-B. Pursuant to Section 38.001
et seq of the Texas Civil Practice and Remedies Code, Plaintiff shall be entitled to
recover its attorneys’ fees and costs for the collection of past due amounts owed by
Defendant. Therefore, in addition to its damages, Plaintiff seeks its reasonable and
necessary attorneys’ fees and costs from Defendant in the amount of not less than
$471.00 in costs and $1,386.00 in attorneys’ fees. See Declaration of Bradley A. Singer
attached hereto as Exhibit D and incorporated herein by reference for all purposes.
V.
CONCLUSION
For the foregoing reasons, Plaintiff respectfully requests that the Court enter a
default judgment against Defendant, and grant Plaintiff such other relief at law or in
equity, to which Plaintiff may be entitled.
Respectfully submitted,
BRAD SINGER LAW, P.A.
/s/Bradley A. Singer
Bradley A. Singer
Texas Bar No. 24108613
8185 Via Ancho Rd # 880305
Boca Raton, Florida 33488
Phone: 561-571-7140
Fax: 561-634-3810
brad@bradsingerlaw.com
marisa@bradsingerlaw.com
eservice@pbradsingerlaw.com
Counsel for Plaintiff All Seasons Architectural
Window Mfg., Inc.
Electronically Filed
1/22/2024 12:21 PM
Hidalgo County District Clerks
Reviewed By: Faith Martinez
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing document has been served.
on the following via email, facsimile and/or U.S. First Class Mail, on this 22nd day of
January, 2024.
Via Certified Mail Return Receipt Request #9589 0710 5270 1618 1684 79 and Via
Regular U.S. Mail
All Purpose Glass LLC
% Registered Agent: Daniel Vasquez
21762 Brushline Road
Edinburg, TX 78541
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.
Brad Singer on behalf of Bradley Singer
Bar No. 24108613
brad@ bradsingerlaw.com
Envelope ID: 83640163
Filing Code Description: Motion for Default J udgment
Filing Description: WITH EXHIBITS A-D ATTACHED
Status as of 1/22/2024 12:33 PM CST
Associated Case Party: All Seasons Architectural Window Mfg., Inc.
Name BarNumber | Email TimestampSubmitted | Status
Bradley Singer marisa@ bradsingerlaw.com | 1/22/2024 12:21:11 PM | SENT
Case Contacts
Name BarNumber | Email TimestampS ubmitted Status
BRAD SINGER brad@ bradsingerlaw.com 1/22/2024 12:21:11 PM SENT
SHERIFFS OFFICE CIVIL@HIDALGOSO.ORG 1/22/2024 12:21:11 PM SENT
BRADLEY SINGER ESERVICE@BRADSINGERLAW.COM | 1/22/2024 12:21:11 PM SENT
Preview
Electronically Filed 1/22/2024 12:21 PM Hidalgo County District Clerks Reviewed By: Faith Martinez CAUSE NO. C-3229-23-D ALL SEASONS ARCHITECTURAL § IN THE DISTRICT COURT OF WINDO W MFG., INC., § Plaintiff, § HIDALGO COUNTY, TX V. ALL PURPOSE GLASS LLC, § 206" JUDICIAL DISTRICT Defendant. PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT Plaintiff All Seasons Architectural Window Mfg., Inc. (“Plaintiff”) moves the Court to enter a Default Judgment on Plaintiff’s claims against Defendant All Purpose Glass LLC (“Defendant”), and in support, respectfully shows as follows: I INTRODUCTION AND BACKGROUND Plaintiff filed its Original Petition against Defendant on August 9, 2023 seeking actual damages in an amount no less than Eighty-Four Thousand Seven Hundred Sixteen Dollars and Seventy-Seven Cents ($84,716.77) for purchase of windows from plaintiff on credit. See Plaintiff’s Original Petition. Defendant was served with Plaintiff’s Original Petition on December 4, 2023, making its responsive pleading due no later than December 24, 2023. Citation was served according to law and returned to the Clerk where it remained on file for the time required by law. A true and correct copy of the Citation and Return of Service are attached hereto as Exhibit A and incorporated by reference for all purposes. Although having been duly and legally cited to appear and answer, Defendant failed to appear and answer and wholly made default. A true and correct copy of the Court’s Docket Sheet is attached hereto as Exhibit B and incorporated by reference for Electronically Filed 1/22/2024 12:21 PM Hidalgo County District Clerks Reviewed By: Faith Martinez all purposes. Defendant’s last known business address is 21762 Brushline Road Edinburg, TX 78542-3303, and its Registered Agent is: Daniel Vasquez, 21762 Brushline Road Edinburg, TX 78541. A true and correct copy of Plaintiff’s Certificate of Last Known Address is attached hereto as Exhibit C and incorporated by reference for all purposes. Il. ARGUMENT AND AUTHORITY A plaintiff may move for a default judgment when the defendant’s deadline to file an answer has expired and the citation and proof of service have been on file with the clerk at least ten (10) days, not counting the day of filing and the day of judgment.' The court may render a default judgment on the pleadings against a defendant that has not appeared or filed an answer.’ When a defendant does not file an answer, all allegations of facts- including those establishing liability - in the plaintiff’s petition are deemed admitted except for the amount of unliquidated damages.’ Because the Defendant has not appeared in this case and there are no unliquidated damages, the Court should enter a final default judgment for Plaintiff and against Defendant. Ii. LIQUIDATED DAMAGES Defendant owes Plaintiff liquidated damages in the amount of $84,716.77. See Plaintiff’s Original Petition at Exhibit B. ' TRCP 107(h); Union Pac. Corp. v. Legg, 49 S.W. 2d 72, 78 (Tex. App. - Austin 2001, no pet.). 2 See TRCP 239; Sedona Pac. Hous. Prishp. v. Ventura, 408 S.W. 3d 507, 511-512 (Tex App. - El Paso 2013, no pet.). 3 Paradigm Oil, Inc. v. Retamco Oper. Inc., 312 S.W. 3d 177, 183 (Tex. 2012). Electronically Filed 1/22/2024 12:21 PM Hidalgo County District Clerks Reviewed By: Faith Martinez Iv. ATTORNEYS’ FEES & COSTS Defendant had a sworn account with Plaintiff, and Plaintiff furnished materials to Defendant. See Plaintiff’s Original Petition at Exhibits A-B. Pursuant to Section 38.001 et seq of the Texas Civil Practice and Remedies Code, Plaintiff shall be entitled to recover its attorneys’ fees and costs for the collection of past due amounts owed by Defendant. Therefore, in addition to its damages, Plaintiff seeks its reasonable and necessary attorneys’ fees and costs from Defendant in the amount of not less than $471.00 in costs and $1,386.00 in attorneys’ fees. See Declaration of Bradley A. Singer attached hereto as Exhibit D and incorporated herein by reference for all purposes. V. CONCLUSION For the foregoing reasons, Plaintiff respectfully requests that the Court enter a default judgment against Defendant, and grant Plaintiff such other relief at law or in equity, to which Plaintiff may be entitled. Respectfully submitted, BRAD SINGER LAW, P.A. /s/Bradley A. Singer Bradley A. Singer Texas Bar No. 24108613 8185 Via Ancho Rd # 880305 Boca Raton, Florida 33488 Phone: 561-571-7140 Fax: 561-634-3810 brad@bradsingerlaw.com marisa@bradsingerlaw.com eservice@pbradsingerlaw.com Counsel for Plaintiff All Seasons Architectural Window Mfg., Inc. Electronically Filed 1/22/2024 12:21 PM Hidalgo County District Clerks Reviewed By: Faith Martinez CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing document has been served. on the following via email, facsimile and/or U.S. First Class Mail, on this 22nd day of January, 2024. Via Certified Mail Return Receipt Request #9589 0710 5270 1618 1684 79 and Via Regular U.S. Mail All Purpose Glass LLC % Registered Agent: Daniel Vasquez 21762 Brushline Road Edinburg, TX 78541 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. Brad Singer on behalf of Bradley Singer Bar No. 24108613 brad@ bradsingerlaw.com Envelope ID: 83640163 Filing Code Description: Motion for Default J udgment Filing Description: WITH EXHIBITS A-D ATTACHED Status as of 1/22/2024 12:33 PM CST Associated Case Party: All Seasons Architectural Window Mfg., Inc. Name BarNumber | Email TimestampSubmitted | Status Bradley Singer marisa@ bradsingerlaw.com | 1/22/2024 12:21:11 PM | SENT Case Contacts Name BarNumber | Email TimestampS ubmitted Status BRAD SINGER brad@ bradsingerlaw.com 1/22/2024 12:21:11 PM SENT SHERIFFS OFFICE CIVIL@HIDALGOSO.ORG 1/22/2024 12:21:11 PM SENT BRADLEY SINGER ESERVICE@BRADSINGERLAW.COM | 1/22/2024 12:21:11 PM SENT