On April 27, 2018 a
Plaintiff's Response to Defendant's Motion for Continuance - Response
was filed
involving a dispute between
Cumberland Crossing Property Owners Association,
and
Barron, Angel Abraham,
Barron, Victoria De Los Angeles,
for Foreclosure - Other Foreclosure
in the District Court of Montgomery County.
Preview
CAUSE NO. 18-04-05545
CUMBERLAND CROSSING IN THE DISTRICT COURT OF
PROPERTY OWNERS
ASSOCIATION
Plaintiff,
MONTGOMERY COUNTY, TEXAS
MISS. VICTORIA DE LOS ANGELES
BARRON AND
ANGEL ABRAHAM BARRON
Defendants. JUDICIAL DISTRICT
PLAINTIFF’S RESPONSE TO DEFENDANT’S MOTION FOR CONTINUANCE
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW CUMBERLAND CROSSING PROPERTY OWNERS
ASSOCIATION, Plaintiff herein, and files this its Response to Defendant’s Motion for Continuance
and for such motion would respectfully show unto the Court the following:
The Original Petition in this case was filed in April, 2018 Trial is set for September 16, 2019.
As Defendant stated, they have filed two motions to abate and the Court has denied both. Plaintiff is
opposed to Defendants’ Motion for Continuance for two reasons. First, Defendants have now avoided
paying their assessments for a period of four years. While we appreciate Mr. Barron’s service to our
Country, the Court gave the Defendant an opportunity to pay the base assessments only, and
Defendant refused. The Court also limited the incurrence of attorney fees on this matter for several
months which unfortunately failed to result in any good faith attempts to settle this dispute from the
Defendant.
2.
Second, Defendants’ Motion for Continuance is based on the unavailability of Mr. Barron at
the trial, yet Defendant has failed to comply with Rule 252 of the Texas Rules of Civil Procedure.
“The rules governing the unavailability of witnesses apply when a continuance is sought because of
the unavailability of a party.” Echols v. Brewer, 524 S.W.2d 731, 734 (Tex. Civ. App.—Houston
[14th Dist.] 1975, no writ). The Defendant has failed to provide an affidavit regarding the following
matters:
1. A description of the facts to be established by the testimony of the currently-unavailable
party.
2. An explanation of the reasons why the testimony is material to issues in the case.
3. Facts demonstrating the use of “due diligence” to obtain the testimony.
As to the first two items, there are no issues of material fact regarding the outcome of this case
because the Defendants are not challenging that they owe the assessments. In regard to due diligence,
the Court reset the trial date in June and yet counsel waited to send an email to the Defendant until
August 30. Counsel had ample time to notify Defendant of the trial date and arrange attendance and
wholly failed to do so. Therefore, trial should not be delayed because Defendant’s counsel did not
timely notify him.
3.
Plaintiff requests that Defendant’s Motion for Continuance be denied as the same is intended
for the purpose of delaying these proceedings and further prejudices Plaintiff by preventing the
collection of maintenance assessments.
4.
WHEREFORE PREMISES CONSIDERED, Plaintiff prays that Defendant’s Motion for
Continuance be denied; and for such other and further relief to which Plaintiff may show itself justly
entitled.
Respectfully submitted,
DAUGHTRY & FARINE, P.C.
17044 El Camino Real
Houston, Texas 77058
Telephone: (281) 480-6888
Facsimile: (281) 218-9151
Farine.filing@daugthryfarine.com
By: /s/ Trisha Taylor Farine
TRISHA TAYLOR FARINE
State Bar No.: 24008133
ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE
The undersigned attorney hereby certifies that a true and correct copy of the foregoing
Plaintiff’s Response to Defendant’s Motion for Continuance has been forwarded to Defendant’s
th
counsel at the address and by the method indicated below on this the 13 day of September, 2019.
Via E-mail: travis@owens-lawgroup.com
and electronic filing
Travis Owens
Owens Law Group, P.L.L.C.
P.O. Box 8605
The Woodlands, TX 77387
CMRRR#7019 0700 0000 9784 8288
and U. S. First Class Mail
MISS. VICTORIA DE LOS ANGELES BARRON
19071 Painted Boulevard
Porter, TX 77365
/s/ Trisha Taylor Farine
Trisha Taylor Farine
Document Filed Date
September 13, 2019
Case Filing Date
April 27, 2018
Category
Foreclosure - Other Foreclosure
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CAUSE NO. 18-04-05545 CUMBERLAND CROSSING IN THE DISTRICT COURT OF PROPERTY OWNERS ASSOCIATION Plaintiff, MONTGOMERY COUNTY, TEXAS MISS. VICTORIA DE LOS ANGELES BARRON AND ANGEL ABRAHAM BARRON Defendants. JUDICIAL DISTRICT PLAINTIFF’S RESPONSE TO DEFENDANT’S MOTION FOR CONTINUANCE TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW CUMBERLAND CROSSING PROPERTY OWNERS ASSOCIATION, Plaintiff herein, and files this its Response to Defendant’s Motion for Continuance and for such motion would respectfully show unto the Court the following: The Original Petition in this case was filed in April, 2018 Trial is set for September 16, 2019. As Defendant stated, they have filed two motions to abate and the Court has denied both. Plaintiff is opposed to Defendants’ Motion for Continuance for two reasons. First, Defendants have now avoided paying their assessments for a period of four years. While we appreciate Mr. Barron’s service to our Country, the Court gave the Defendant an opportunity to pay the base assessments only, and Defendant refused. The Court also limited the incurrence of attorney fees on this matter for several months which unfortunately failed to result in any good faith attempts to settle this dispute from the Defendant. 2. Second, Defendants’ Motion for Continuance is based on the unavailability of Mr. Barron at the trial, yet Defendant has failed to comply with Rule 252 of the Texas Rules of Civil Procedure. “The rules governing the unavailability of witnesses apply when a continuance is sought because of the unavailability of a party.” Echols v. Brewer, 524 S.W.2d 731, 734 (Tex. Civ. App.—Houston [14th Dist.] 1975, no writ). The Defendant has failed to provide an affidavit regarding the following matters: 1. A description of the facts to be established by the testimony of the currently-unavailable party. 2. An explanation of the reasons why the testimony is material to issues in the case. 3. Facts demonstrating the use of “due diligence” to obtain the testimony. As to the first two items, there are no issues of material fact regarding the outcome of this case because the Defendants are not challenging that they owe the assessments. In regard to due diligence, the Court reset the trial date in June and yet counsel waited to send an email to the Defendant until August 30. Counsel had ample time to notify Defendant of the trial date and arrange attendance and wholly failed to do so. Therefore, trial should not be delayed because Defendant’s counsel did not timely notify him. 3. Plaintiff requests that Defendant’s Motion for Continuance be denied as the same is intended for the purpose of delaying these proceedings and further prejudices Plaintiff by preventing the collection of maintenance assessments. 4. WHEREFORE PREMISES CONSIDERED, Plaintiff prays that Defendant’s Motion for Continuance be denied; and for such other and further relief to which Plaintiff may show itself justly entitled. Respectfully submitted, DAUGHTRY & FARINE, P.C. 17044 El Camino Real Houston, Texas 77058 Telephone: (281) 480-6888 Facsimile: (281) 218-9151 Farine.filing@daugthryfarine.com By: /s/ Trisha Taylor Farine TRISHA TAYLOR FARINE State Bar No.: 24008133 ATTORNEYS FOR PLAINTIFF CERTIFICATE OF SERVICE The undersigned attorney hereby certifies that a true and correct copy of the foregoing Plaintiff’s Response to Defendant’s Motion for Continuance has been forwarded to Defendant’s th counsel at the address and by the method indicated below on this the 13 day of September, 2019. Via E-mail: travis@owens-lawgroup.com and electronic filing Travis Owens Owens Law Group, P.L.L.C. P.O. Box 8605 The Woodlands, TX 77387 CMRRR#7019 0700 0000 9784 8288 and U. S. First Class Mail MISS. VICTORIA DE LOS ANGELES BARRON 19071 Painted Boulevard Porter, TX 77365 /s/ Trisha Taylor Farine Trisha Taylor Farine