Preview
FILED
2 CIT ES DALLAS COUNTY
4/21/2016 5:41:32 PM
FELICIA PITRE
DISTRICT CLERK
Angie Avina
DC-16-04654
CAUSE NO. DC-16-____________
DAVID PICKETT, TRUSTEE OF THE § IN THE DISTRICT COURT
ALBERT HILL TRUST §
§
Plaintiff, §
§
v. § ____ JUDICIAL DISTRICT
§
AL G. HILL, III §
and §
ERIN NANCE HILL, §
§
Defendants. § DALLAS COUNTY, TEXAS
PLAINTIFF’S ORIGINAL PETITION FOR PARTITION OF REAL PROPERTY
Plaintiff David Pickett, Trustee of the Albert Hill Trust (“Plaintiff”), files this Original
Petition for partition of real property in Dallas County, Texas.
I. DISCOVERY LEVEL
1. Discovery should be conducted under Level 2 of Texas Rule of Civil Procedure
190.3.
II. CLAIM FOR RELIEF
2. Pursuant to Texas Rule of Civil Procedure 47, Plaintiff seeks non-monetary relief
(the value of which exceeds $1,000,000). This matter is not subject to Texas Rule of Civil
Procedure 169 because the claim is governed by the Texas Property Code.
III. PARTIES
3. Plaintiff David Pickett is the trustee of the Albert Hill Trust and is a resident of
Dallas County, Texas. Pursuant to Section 30.014 of the Texas Civil Practice and Remedies
Code, the last three numbers of Plaintiff’s social security number are 795, and the last three
digits of Plaintiff’s driver’s license number are 134.
PLAINTIFF’S ORIGINAL PETITION PAGE 1
4. Defendant Al G. Hill, III is a natural person residing in Fulton County, Georgia at
981 Davis Drive, Atlanta, Georgia, 30327-4533. He may be served with process by serving the
Texas Secretary of State by certified mail, return receipt requested at: Service of Process,
Secretary of State, Austin, Texas 78711-2079.
5. Defendant Erin Nance Hill is a natural person residing in Fulton County, Georgia
at 981 Davis Drive, Atlanta, Georgia, 30327-4533. She may be served with process by serving
the Texas Secretary of State by certified mail, return receipt requested at: Service of Process,
Secretary of State, Austin, Texas 78711-2079.
IV. JURISDICTION
6. The Court has jurisdiction over the subject matter of this dispute pursuant to
Section 23.002 of the Texas Property Code.
7. The Court has personal jurisdiction over Defendants Al G. Hill, III and Erin Nance
Hill (collectively, “Defendants”) pursuant to Section 17.003 of the Texas Civil Practice and
Remedies Code (the Texas long-arm statute) because this suit will determine the parties’
respective interests in the real property at issue, and both Plaintiff and Defendants claim an
interest in the real property. Further, this Court’s exercise of jurisdiction over Defendants
comports with constitutional due process both because Defendants have sufficient minimum
contacts with the State by way of their ownership of real property in Dallas County, Texas and
because the exercise of jurisdiction over Defendants does not offend traditional notions of fair
play and substantial justice.
V. VENUE
8. Venue is proper in Dallas County, Texas under Section 23.002 of the Texas
Property Code and Section 15.011 of the Texas Civil Practice and Remedies Code because the
PLAINTIFF’S ORIGINAL PETITION PAGE 2
property for which Plaintiff seeks partition is located in Dallas County, Texas.
VI. FACTS
9. This suit pertains to the requested partition of real property located at 4433
Bordeaux Avenue, Dallas, Texas 75205 (the “Bordeaux Property”).
10. The legal description of the Bordeaux Property is:
Lot 11, Block 108 of Highland Park West Addition, Eight Installment, an addition
to the City of Highland Park, Dallas County, Texas, according to the plat thereof
recorded in Volume 5, Page 206, Map Records, Dallas County, Texas.
11. The Dallas County Tax Office refers to the Bordeaux Property as:
HIGHLAND PARK
BLK 108 LT 11
VOL99223/0449 DD11121999 CO-DC
0845010801100 16908450108
12. Plaintiff is the owner of 80% of the Bordeaux Property and all items of personal
property therein.
13. Plaintiff acquired its interest in the Bordeaux Property by means of a General
Warranty Deed, a true and correct copy of which is attached hereto as Exhibit A and is
incorporated by reference, and related documents.
14. Defendant Al G. Hill, III and Defendant Erin Nance Hill are the owners of the
remaining 20% of the Bordeaux Property. Defendant Erin Nance Hill is the wife of Al G. Hill,
III.
15. Plaintiff and Defendants are the sole owners of interests in the Bordeaux Property,
and the property is subject to no other claim or claims.
16. The Bordeaux Property is a four-bedroom, single-family home located on slightly
less than half an acre of land in Highland Park, Texas. The Dallas Central Appraisal District
values the home at $2,491,160.
PLAINTIFF’S ORIGINAL PETITION PAGE 3
17. Although the parties to this lawsuit have owned the Bordeaux Property for more
than 15 years, it currently is unoccupied. Defendants currently reside in Atlanta, Georgia. As
such, Plaintiff has become aware of the deteriorating condition of the Bordeaux Property, such as
a recent water leak that damaged the Bordeaux Property, and Plaintiff has been forced to expend
amounts from its funds to protect the value of the Bordeaux Property.
18. Due to the mounting cost of repairs, coupled with other significant expenses such
as property taxes, Plaintiff wishes to sell its portion of the Bordeaux Property as ownership of the
home is no longer a prudent financial investment.
19. Unfortunately, this is impossible without Court intervention. Defendants refuse to
pay for their portion of the upkeep of the Bordeaux Property. Perhaps even more importantly,
Defendants will not participate in discussions about selling the Bordeaux Property.
VII. REQUEST FOR PARTITION BY SALE
20. Pursuant to Section 23.001 et. seq. of the Texas Property Code and Rules 756-771
of the Texas Rules of Civil Procedure, Plaintiff seeks a partition by sale of the Bordeaux
Property.
21. Plaintiff, as an owner of interest in the Bordeaux Property, is entitled to a
partition.
22. The Bordeaux Property is not susceptible to partition in kind because a fair and
equitable division of the property cannot be made. In particular, due to the size of the Bordeaux
Property, its location in a neighborhood, and its designation as a single-family home, the
Bordeaux Property is incapable of division in kind without materially impairing its value.
23. Therefore, pursuant to Texas Rule of Civil Procedure 770, sale of the Bordeaux
Property for cash is proper.
PLAINTIFF’S ORIGINAL PETITION PAGE 4
VIII. PRAYER
24. Plaintiff David Pickett, Trustee of the Albert Hill Trust, respectfully requests that
Defendants Al G. Hill, III and Erin Nance Hill be cited to appear and answer and that the Court
enter a decree as follows:
(a) Determining that the Bordeaux Property is not susceptible to partition in kind;
(b) Determining what proportionate value of the Bordeaux Property should be
allocated to the shares owned by Plaintiff and Defendants, respectively;
(c) Determining the portion of expenses that should be reimbursed to Plaintiff out of
the proceeds of the sale of the Bordeaux Property for the upkeep and maintenance of the
Bordeaux Property;
(d) Ordering the sale of the Bordeaux Property, and distributing the proceeds in
accordance with the foregoing determinations; and
(e) Granting Plaintiff costs of court and any and all such other and further relief, at
law and in equity, to which the Court determines Plaintiff is justly entitled.
PLAINTIFF’S ORIGINAL PETITION PAGE 5
DATED: April 21, 2016 Respectfully submitted,
/s/ Stewart H. Thomas
__________________________
Stewart H. Thomas
State Bar No. 19868950
E-mail: sthomas@hallettperrin.com
Tom M. Dees, III
State Bar No. 24034412
E-mail: tdees@hallettperrin.com
Elizabeth Fitch
State Bar No. 24705777
E-mail: efitch@hallettperrin.com
HALLETT & PERRIN, P.C.
1445 Ross Ave, Suite 2400
Dallas, Texas 75202
Telephone: 214.953.0053
Facsimile: 214.922.4142
ATTORNEYS FOR PLAINTIFF
462029
PLAINTIFF’S ORIGINAL PETITION PAGE 6
IO
......
CONFIDENTIALY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE ~
......
OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT N
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL c
SECURTIY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. c
"'
c
c
GENERAL WARRANTY DEED N £'.:!
c .....
Date~ ~-\~_,2004 We
Cw
~w
Gran tor: Al G. Hill, ill and Erin Nance Hill, husband and wife Oc
4433 Bordeaux Avenue u :ii:
Highland Park, Dallas County, Texas 75205 ~<(
>- r,..
Grantee: Albert IDU 1'rust, whose Trust!::e is Ivan Irwin, Jr. ..J~
..Jr,..
1601 Elm Street, Suite 5000 <( <:'!
(.,)
CX)
Dallas, Dallas County, Texas 7520 I -c
Consideration: Cash and other good and valuable consideration.
z
Oc "'
~c
f- N
Property~ An e\ghty percent (80o/o) undivided in and to the following described property
interest together Uco
WN
with all irnproven)enbi thereon and all rights and appurtenances pertaining thereto, shuated in DaJias County, Texas
..J-
to~wit: w~
Lot 11, Block 108 of Highland Park West Addition, Eighth Installment, an addition to the
City of Highland Park, Dallas County, Texas, according to the plat thereof recorded in
Volume 5, Page 206, Map Records, Dallas County, Texas,
more commonly l.-nown as 4433 Bordeaux Avenue, Highland Park, Texas 75205.
Exceptions to Conveyance and VVarraaty: Those Jnatters of title described on Exhibjt Batt.ached hereto and made
a part hereof, but only to the extent srune are valid and subsisting ("Permitted Exceptions").
Ctrantor1 for the consideration and subject to the Exceptions to Conveyance and Warranty, grants. sells. and conveys
to Grantee the Property, together with all and singular the rights and appurtenances thereto in any ·way belonging, to
have and to hold 1t to Grantee and Grantee's successors, and assigns forever.
Granter binds Grantor and Grantor's
heirs and successors to warrant and forever di:!fend
aU a:ndsingular theProperty to Grantee and Grantee's
successors, and assigns again~L every person whomsoever lawfully claiming or to claim the same or any part Lhereof1
except as to the Ex:ceptions to Conveyance and Warranty.
\Vhcn the contexc requires, singular nouns aod pronouns include_ the plutal.
STATE OF TEXAS )(
)(
cou:-;ry OF DALLAS )( Ja./.
The instrument was acknowledged before me this /if- day 0~2004 by Al G, Hill, Ill and
Erin Nance Hill, husband and wife.
(7,;l •..L} ~ . ·_//..J' l
(-::z-;;.;z:L/}.?fH
_Jr;)76!~uc...V.e.,,;,1L!_'- - -
No0ubJiC in an'd for The State of Texas
My commission expires on: t)'i ·3!, ol-O
Preview
FILED 2 CIT ES DALLAS COUNTY 4/21/2016 5:41:32 PM FELICIA PITRE DISTRICT CLERK Angie Avina DC-16-04654 CAUSE NO. DC-16-____________ DAVID PICKETT, TRUSTEE OF THE § IN THE DISTRICT COURT ALBERT HILL TRUST § § Plaintiff, § § v. § ____ JUDICIAL DISTRICT § AL G. HILL, III § and § ERIN NANCE HILL, § § Defendants. § DALLAS COUNTY, TEXAS PLAINTIFF’S ORIGINAL PETITION FOR PARTITION OF REAL PROPERTY Plaintiff David Pickett, Trustee of the Albert Hill Trust (“Plaintiff”), files this Original Petition for partition of real property in Dallas County, Texas. I. DISCOVERY LEVEL 1. Discovery should be conducted under Level 2 of Texas Rule of Civil Procedure 190.3. II. CLAIM FOR RELIEF 2. Pursuant to Texas Rule of Civil Procedure 47, Plaintiff seeks non-monetary relief (the value of which exceeds $1,000,000). This matter is not subject to Texas Rule of Civil Procedure 169 because the claim is governed by the Texas Property Code. III. PARTIES 3. Plaintiff David Pickett is the trustee of the Albert Hill Trust and is a resident of Dallas County, Texas. Pursuant to Section 30.014 of the Texas Civil Practice and Remedies Code, the last three numbers of Plaintiff’s social security number are 795, and the last three digits of Plaintiff’s driver’s license number are 134. PLAINTIFF’S ORIGINAL PETITION PAGE 1 4. Defendant Al G. Hill, III is a natural person residing in Fulton County, Georgia at 981 Davis Drive, Atlanta, Georgia, 30327-4533. He may be served with process by serving the Texas Secretary of State by certified mail, return receipt requested at: Service of Process, Secretary of State, Austin, Texas 78711-2079. 5. Defendant Erin Nance Hill is a natural person residing in Fulton County, Georgia at 981 Davis Drive, Atlanta, Georgia, 30327-4533. She may be served with process by serving the Texas Secretary of State by certified mail, return receipt requested at: Service of Process, Secretary of State, Austin, Texas 78711-2079. IV. JURISDICTION 6. The Court has jurisdiction over the subject matter of this dispute pursuant to Section 23.002 of the Texas Property Code. 7. The Court has personal jurisdiction over Defendants Al G. Hill, III and Erin Nance Hill (collectively, “Defendants”) pursuant to Section 17.003 of the Texas Civil Practice and Remedies Code (the Texas long-arm statute) because this suit will determine the parties’ respective interests in the real property at issue, and both Plaintiff and Defendants claim an interest in the real property. Further, this Court’s exercise of jurisdiction over Defendants comports with constitutional due process both because Defendants have sufficient minimum contacts with the State by way of their ownership of real property in Dallas County, Texas and because the exercise of jurisdiction over Defendants does not offend traditional notions of fair play and substantial justice. V. VENUE 8. Venue is proper in Dallas County, Texas under Section 23.002 of the Texas Property Code and Section 15.011 of the Texas Civil Practice and Remedies Code because the PLAINTIFF’S ORIGINAL PETITION PAGE 2 property for which Plaintiff seeks partition is located in Dallas County, Texas. VI. FACTS 9. This suit pertains to the requested partition of real property located at 4433 Bordeaux Avenue, Dallas, Texas 75205 (the “Bordeaux Property”). 10. The legal description of the Bordeaux Property is: Lot 11, Block 108 of Highland Park West Addition, Eight Installment, an addition to the City of Highland Park, Dallas County, Texas, according to the plat thereof recorded in Volume 5, Page 206, Map Records, Dallas County, Texas. 11. The Dallas County Tax Office refers to the Bordeaux Property as: HIGHLAND PARK BLK 108 LT 11 VOL99223/0449 DD11121999 CO-DC 0845010801100 16908450108 12. Plaintiff is the owner of 80% of the Bordeaux Property and all items of personal property therein. 13. Plaintiff acquired its interest in the Bordeaux Property by means of a General Warranty Deed, a true and correct copy of which is attached hereto as Exhibit A and is incorporated by reference, and related documents. 14. Defendant Al G. Hill, III and Defendant Erin Nance Hill are the owners of the remaining 20% of the Bordeaux Property. Defendant Erin Nance Hill is the wife of Al G. Hill, III. 15. Plaintiff and Defendants are the sole owners of interests in the Bordeaux Property, and the property is subject to no other claim or claims. 16. The Bordeaux Property is a four-bedroom, single-family home located on slightly less than half an acre of land in Highland Park, Texas. The Dallas Central Appraisal District values the home at $2,491,160. PLAINTIFF’S ORIGINAL PETITION PAGE 3 17. Although the parties to this lawsuit have owned the Bordeaux Property for more than 15 years, it currently is unoccupied. Defendants currently reside in Atlanta, Georgia. As such, Plaintiff has become aware of the deteriorating condition of the Bordeaux Property, such as a recent water leak that damaged the Bordeaux Property, and Plaintiff has been forced to expend amounts from its funds to protect the value of the Bordeaux Property. 18. Due to the mounting cost of repairs, coupled with other significant expenses such as property taxes, Plaintiff wishes to sell its portion of the Bordeaux Property as ownership of the home is no longer a prudent financial investment. 19. Unfortunately, this is impossible without Court intervention. Defendants refuse to pay for their portion of the upkeep of the Bordeaux Property. Perhaps even more importantly, Defendants will not participate in discussions about selling the Bordeaux Property. VII. REQUEST FOR PARTITION BY SALE 20. Pursuant to Section 23.001 et. seq. of the Texas Property Code and Rules 756-771 of the Texas Rules of Civil Procedure, Plaintiff seeks a partition by sale of the Bordeaux Property. 21. Plaintiff, as an owner of interest in the Bordeaux Property, is entitled to a partition. 22. The Bordeaux Property is not susceptible to partition in kind because a fair and equitable division of the property cannot be made. In particular, due to the size of the Bordeaux Property, its location in a neighborhood, and its designation as a single-family home, the Bordeaux Property is incapable of division in kind without materially impairing its value. 23. Therefore, pursuant to Texas Rule of Civil Procedure 770, sale of the Bordeaux Property for cash is proper. PLAINTIFF’S ORIGINAL PETITION PAGE 4 VIII. PRAYER 24. Plaintiff David Pickett, Trustee of the Albert Hill Trust, respectfully requests that Defendants Al G. Hill, III and Erin Nance Hill be cited to appear and answer and that the Court enter a decree as follows: (a) Determining that the Bordeaux Property is not susceptible to partition in kind; (b) Determining what proportionate value of the Bordeaux Property should be allocated to the shares owned by Plaintiff and Defendants, respectively; (c) Determining the portion of expenses that should be reimbursed to Plaintiff out of the proceeds of the sale of the Bordeaux Property for the upkeep and maintenance of the Bordeaux Property; (d) Ordering the sale of the Bordeaux Property, and distributing the proceeds in accordance with the foregoing determinations; and (e) Granting Plaintiff costs of court and any and all such other and further relief, at law and in equity, to which the Court determines Plaintiff is justly entitled. PLAINTIFF’S ORIGINAL PETITION PAGE 5 DATED: April 21, 2016 Respectfully submitted, /s/ Stewart H. Thomas __________________________ Stewart H. Thomas State Bar No. 19868950 E-mail: sthomas@hallettperrin.com Tom M. Dees, III State Bar No. 24034412 E-mail: tdees@hallettperrin.com Elizabeth Fitch State Bar No. 24705777 E-mail: efitch@hallettperrin.com HALLETT & PERRIN, P.C. 1445 Ross Ave, Suite 2400 Dallas, Texas 75202 Telephone: 214.953.0053 Facsimile: 214.922.4142 ATTORNEYS FOR PLAINTIFF 462029 PLAINTIFF’S ORIGINAL PETITION PAGE 6 IO ...... CONFIDENTIALY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE ~ ...... OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT N BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL c SECURTIY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. c "' c c GENERAL WARRANTY DEED N £'.:! c ..... Date~ ~-\~_,2004 We Cw ~w Gran tor: Al G. Hill, ill and Erin Nance Hill, husband and wife Oc 4433 Bordeaux Avenue u :ii: Highland Park, Dallas County, Texas 75205 ~<( >- r,.. Grantee: Albert IDU 1'rust, whose Trust!::e is Ivan Irwin, Jr. ..J~ ..Jr,.. 1601 Elm Street, Suite 5000 <( <:'! (.,) CX) Dallas, Dallas County, Texas 7520 I -c Consideration: Cash and other good and valuable consideration. z Oc "' ~c f- N Property~ An e\ghty percent (80o/o) undivided in and to the following described property interest together Uco WN with all irnproven)enbi thereon and all rights and appurtenances pertaining thereto, shuated in DaJias County, Texas ..J- to~wit: w~ Lot 11, Block 108 of Highland Park West Addition, Eighth Installment, an addition to the City of Highland Park, Dallas County, Texas, according to the plat thereof recorded in Volume 5, Page 206, Map Records, Dallas County, Texas, more commonly l.-nown as 4433 Bordeaux Avenue, Highland Park, Texas 75205. Exceptions to Conveyance and VVarraaty: Those Jnatters of title described on Exhibjt Batt.ached hereto and made a part hereof, but only to the extent srune are valid and subsisting ("Permitted Exceptions"). Ctrantor1 for the consideration and subject to the Exceptions to Conveyance and Warranty, grants. sells. and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in any ·way belonging, to have and to hold 1t to Grantee and Grantee's successors, and assigns forever. Granter binds Grantor and Grantor's heirs and successors to warrant and forever di:!fend aU a:ndsingular theProperty to Grantee and Grantee's successors, and assigns again~L every person whomsoever lawfully claiming or to claim the same or any part Lhereof1 except as to the Ex:ceptions to Conveyance and Warranty. \Vhcn the contexc requires, singular nouns aod pronouns include_ the plutal. STATE OF TEXAS )( )( cou:-;ry OF DALLAS )( Ja./. The instrument was acknowledged before me this /if- day 0~2004 by Al G, Hill, Ill and Erin Nance Hill, husband and wife. (7,;l •..L} ~ . ·_//..J' l (-::z-;;.;z:L/}.?fH _Jr;)76!~uc...V.e.,,;,1L!_'- - - No0ubJiC in an'd for The State of Texas My commission expires on: t)'i ·3!, ol-O