On July 19, 2011 a
Motion,Ex Parte
was filed
involving a dispute between
Sargent Beach Property Owners Association,
and
Baker, Margaret G,
Bartosh, Lana S,
Bartosh, Michael A,
Botard, Kelly,
Botard, Roy,
Kokomo Beach Homes & Properties Llc,
Vickery, Carl B,
for HOMEOWNERS ASSOCIATION
in the District Court of Harris County.
Preview
ve
Filed 11 August 19 P12:07
Cause No. 2011-42579 Chris Daniel - District Clerk
Harris Coun!
ED101) 016: 5788
By: Furshilla McGee
SARGENT BEACH PROPERTY IN THE DISTRICT COURT
OWNERS ASSOCIATION
Plaintiff
v.
OF HARRIS COUNTY, TEXAS
CARL B. VICKERY, MARGARET G.
BAKER, MICHAEL A. BARTOSH,
LANA S. BARTOSH, KOKOMO BEACH
HOMES & PROPERTIES, LLC, ROY
BOTARD, and KELLY BOTARD
Defendants 133°” JUDICIAL DISTRICT
DEFENDANTS’ MOTION TO TRANSFER VENUE AND ORIGINAL ANSWER
I. MOTION TO TRANSFER VENUE
COMES NOW Defendants, Carl B. Vickery and Margaret G. Baker (hereinafter
collectively, “Vickery and Baker”), and files this Motion to Transfer Venue and would
respectfully show the Court the following:
Defendants, Vickery and Baker, object to venue in Harris County, Texas and move the
Court to transfer this matter to District Court in Matagorda County, Texas pursuant to Rules 86
and 527 T.R.C.P.
Matagorda County is the only county of proper venue pursuant to Tex. Civ. Prac. & Rem.
Code, § 15.011. This case is a declaratory judgment suit to determine the rights of the parties
related to certain deed restrictions and is an action involving an interest in real property thus
making it subject to the mandatory venue provision of Section 15.011 of the Texas Civil Practice
and Remedies Code. In re Applied Chem. Magnesias Corp., 206 S.W.3d 114, 49 Tex. Sup. Ct. J.
1006, 168 Oil, & Gas Rep. 48 (Tex. 2006).
a
In addition, Defendants object to venue in Harris County, the county in which this action
was instituted, on the ground that this county is not a proper county and no basis exists
mandating or permitting venue in this county.
Il. ORIGINAL ANSWER
GENERAL DENIAL
Defendants, Carl B. Vickery and Margaret G. Baker generally deny each and every
allegation contained in Plaintiff's Original Petition and demand strict proof thereof pursuant to
the laws and constitution of the State of Texas.
WHEREFORE PREMISES CONSIDERED, Defendants request that the Court deny the
Plaintiff's request for relief and award Defendants such other and further relief to which they
may show themselves entitled.
Respectfull; ubmitted,
THE AW FIRM
By:
Cris A. Rasco
State Bar No. 16551600
2709 Texas Avenue
Texas City, Texas 77590
(409) 750-0436 Telephone
(409) 943-5566 Facsimile
ATTORNEY FOR DEFENDANTS,
VICKERY & BAKER
2.
CERTIFICATE OF SERVICE
Thereby certify that a true and correct copy of DEFENDANTS’ MOTION TO TRANSFER
VENUE AND ORIGINAL ANSWER has been served upon the following parties on this 19% day of
August, 2011.
Daniel P. Elms Via facsimile (214) 740-1499 and U.S. Mail
Chelsea L. Hilliard
Bell Nunnally & Martin, LLP
3232 McKinney Ave., Suite 1400
Dallas, Texas 75204-2429
(214) 740-1400 Telephone
(214) 740-1499 Facsimile
ATTORNEYS FOR PLAINTIFF
SARGENT BEACH HOME OWNERS
ASSOCIATION
J
Cris A. Rasco
"O|
3.
Document Filed Date
August 19, 2011
Case Filing Date
July 19, 2011
Category
HOMEOWNERS ASSOCIATION
Status
Inactive (Plea of Priv Granted-Not Transferred)
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
ve Filed 11 August 19 P12:07 Cause No. 2011-42579 Chris Daniel - District Clerk Harris Coun! ED101) 016: 5788 By: Furshilla McGee SARGENT BEACH PROPERTY IN THE DISTRICT COURT OWNERS ASSOCIATION Plaintiff v. OF HARRIS COUNTY, TEXAS CARL B. VICKERY, MARGARET G. BAKER, MICHAEL A. BARTOSH, LANA S. BARTOSH, KOKOMO BEACH HOMES & PROPERTIES, LLC, ROY BOTARD, and KELLY BOTARD Defendants 133°” JUDICIAL DISTRICT DEFENDANTS’ MOTION TO TRANSFER VENUE AND ORIGINAL ANSWER I. MOTION TO TRANSFER VENUE COMES NOW Defendants, Carl B. Vickery and Margaret G. Baker (hereinafter collectively, “Vickery and Baker”), and files this Motion to Transfer Venue and would respectfully show the Court the following: Defendants, Vickery and Baker, object to venue in Harris County, Texas and move the Court to transfer this matter to District Court in Matagorda County, Texas pursuant to Rules 86 and 527 T.R.C.P. Matagorda County is the only county of proper venue pursuant to Tex. Civ. Prac. & Rem. Code, § 15.011. This case is a declaratory judgment suit to determine the rights of the parties related to certain deed restrictions and is an action involving an interest in real property thus making it subject to the mandatory venue provision of Section 15.011 of the Texas Civil Practice and Remedies Code. In re Applied Chem. Magnesias Corp., 206 S.W.3d 114, 49 Tex. Sup. Ct. J. 1006, 168 Oil, & Gas Rep. 48 (Tex. 2006). a In addition, Defendants object to venue in Harris County, the county in which this action was instituted, on the ground that this county is not a proper county and no basis exists mandating or permitting venue in this county. Il. ORIGINAL ANSWER GENERAL DENIAL Defendants, Carl B. Vickery and Margaret G. Baker generally deny each and every allegation contained in Plaintiff's Original Petition and demand strict proof thereof pursuant to the laws and constitution of the State of Texas. WHEREFORE PREMISES CONSIDERED, Defendants request that the Court deny the Plaintiff's request for relief and award Defendants such other and further relief to which they may show themselves entitled. Respectfull; ubmitted, THE AW FIRM By: Cris A. Rasco State Bar No. 16551600 2709 Texas Avenue Texas City, Texas 77590 (409) 750-0436 Telephone (409) 943-5566 Facsimile ATTORNEY FOR DEFENDANTS, VICKERY & BAKER 2. CERTIFICATE OF SERVICE Thereby certify that a true and correct copy of DEFENDANTS’ MOTION TO TRANSFER VENUE AND ORIGINAL ANSWER has been served upon the following parties on this 19% day of August, 2011. Daniel P. Elms Via facsimile (214) 740-1499 and U.S. Mail Chelsea L. Hilliard Bell Nunnally & Martin, LLP 3232 McKinney Ave., Suite 1400 Dallas, Texas 75204-2429 (214) 740-1400 Telephone (214) 740-1499 Facsimile ATTORNEYS FOR PLAINTIFF SARGENT BEACH HOME OWNERS ASSOCIATION J Cris A. Rasco "O| 3.