Motion,Ex Parte: NEW STREAM REAL ESTATE LLC (FORMERLY KNOWN AS CHARTER OAK REAL ESTATE vs. MORGAN, FRED

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                                NO. 2009-81721

NEW STREAM REAL ESTATE,                       §      IN THE DISTRICT COURT OF
                                              §
vs.                                           §      HARRIS COUNTY, TEXAS
                                              §
FRED MORGAN, ET AL                            §      190   JUDICIAL DISTRICT COURT

          PLAINTIFF’S PLEA TO THE JURISDICTION OR ALTERNATIVELY,
                 MOTION TO STRIKE CHARNQUIST’S EMERGENCY
                   MOTION TO VACATE RECEIVERSHIP ORDER

        Plaintiff NEW STREAM REAL ESTATE, LLC files its plea to the jurisdiction of this

Court to consider defendant JAMES CHARNQUIST’s emergency motion to vacate this Court’s

November 12, 2019 order of appointment of a receiver over his assets (hereinafter
                                                                               the “Motion

or altematively, its motion to strike the Motion because prior to filing the Motion, Chamquist was

and he remains in defiance of the order. In support hereof, NSRE shows the Court the following:

                               PLEA TO THE JURISDICTION

        On November 21, 2019, Chamquist appealed this this Court’s November 12, 2019 order

of appointment of a receiver
                           to the 14     Court of AppealsSee     Assignment Memo from the 14

Court of Appeals attaching Chamquist’s notice of appeal order attached hereto as Exhibit 1.0n

November 27, 2019, with Chamquist still pursuing his appeal of the propriety of the receivership

order, Chamquist filed a motion with this Court to vacate the receivership order he is appealing.

        Thus, this Court is deprived of jurisdiction
                                                in the matter. In re Lesikar, 2007 WL 1624965

* 2 (Tex. App.Houston [14       Dist.] 2007, orig. proceeding) (“once an appeal has been properly

perfected, the appellate court has exclusive jurisdiction over the subject matter of the appeal and

this exclusive jurisdiction terminates the trial court’s power of the subject matter of the appeal

during
  the pendency of the appeal. (citing Ammex Warehouse          Co. v. Archer, 381 S.W.2d 478, 482

 (Tex. 1964) and Ex parte Travis, 123 Tex. 480, 73 S.W.2d 487, 489 (1934)”).




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As this Court has done previously on multiple occasions, it should recognize the limits of

 its post plenary jurisdiction in this closed case involving a final, un appealed, un superseded

judgment, which by the way Chamquist admits he owes and refuse to consider the relief requested

 as beyond the Coutt’s post plenary period jurisdiction.

                                      MOTION TO STRIKE

       The only emergency      in this case is that five days after the date the _ otion was file

 Chamquist was ordered to:

      immediately tumover to the Receiver within fourteen days ) days from Respondent's
      receipt of a copy of this Order
                                  the documents contained on Exhibit "A" attached hereto,
    together with all documents and financial records which may be requested by the
      Receiver.

         The deadline for compliance with this order was December 2, 2019. As of the date of the

 filing of this motion, Chamquist has refused to comply with this or any other portion of the order,

apparently because his counsel thinks the rehashing arguments he made previously five times in

 this Court without success immunizes Chamquist from compliance with this Court’s orders.Even

 if this Court had jurisdiction to entertain the Motion, no relief should be granted to Chamquist

 while he is contemptuously ignoring this Court’s order, and while he continues to fraudulently

transfer funds to his children
                             to avoid paying ajudgment
                                                 he acimits he owes:




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WHEREFORE, plaintiff NEW STREAM REAL ESTATE, LLC prays that upon hearing

hereof, this Court grant its plea to the jurisdiction and/or and strike Chamquist’s emergency motion

to vacate receivership order

                                                      Respectfully submitted,

                                                      By: /s/ Chris Di Ferrante
                                                      TBN: 05858800
                                                      402 E. 11 Street
                                                      Houston, TX 77008
                                                      (713) 868
                                                      (713) 868 1899 FAX
                                                      chris@cdflaw.com

                                                      ATTORNEY          FOR   PLAINTIFF



                                 CERTIFICATE OF SERVICE

        I certify
             that onthisthe       day of December, atrue and correct
                                                                  copy of the foregoing
instrument was forwarded via the means indicated below, to the attomey listed below.

Jason Johns
Weycer, Kaplan                               BY E MAIL; jjohns@wiqv.com

Brent Perry                                  BY E MAIL: bpenry@burfordpenrylaw.com.
Burford Pery, LLP


                                              __/s/ Chris Di Ferrante




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