On July 10, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
Mourant Ozannes,
and
Mamulaishvili, Zaza,
Nicandros, Steve,
for OTHER CIVIL
in the District Court of Harris County.
Preview
CAUSE NO. 2020-41443
MOURANT OZANNES, § IN THE DISTRICT COURT
Plaintiff, ;
VS. ; HARRIS COUNTY, TEXAS
STEVE NICANDROS and ;
ZAZA MAMULAISHVILI, §
Defendants. ; 164" JUDICIAL DISTRICT
JUDGMENT CREDITOR’S MOTION FOR
RECOGNITION OF FOREIGN-COUNTRY JUDGMENT
TO THE HONORABLE DISTRICT COURT JUDGE:
COMES NOW, Judgment Creditor MOURANT OZANNES and files this Motion for
Recognition of Foreign-Country Judgment and in support thereof, would respectfully show the
following:
I. INTRODUCTION
1.01 This is a proceeding to recognize a foreign-country judgment pursuant to the
Uniform Foreign-Country Money Judgments Recognition Act. Tex. Civ. Prac. & Rem. Code §
36A et seg., which codifies the most prevalent common law rules with regard to the recognition
of money judgments rendered in other countries and has been adopted in a majority of the states.
See Prefatory Note to the Uniform Foreign-Country Money Judgments Recognition Act of The
National Conference of Commissioners on Uniform State Laws. The relevant judgment was
issued by the Grand Court of the Cayman Islands and was entered by consent. The debt made
the basis of the judgment was incurred pursuant to guaranty agreements executed by the
judgment debtors, for outstanding attorney’s fees owed to Judgment Creditor Mourant, a law
firm.
Mourant-Ozannes.10.2.2020 -l-Il. AR
T & AUTHORITIES
2.01 By this motion, Mourant is seeking recognition of the Judgment such that it is
conclusive between the parties and is enforceable in Texas in the same manner as a judgment of
a sister state that is entitled to full faith and credit, pursuant to Tex. Civ. Prac. & Rem. Code §
36A.007. Mourant previously filed an authenticated copy of the Judgment along with a
supporting affidavit in accordance with the Uniform Foreign Country Money-Judgment Act,
which are incorporated herein by reference. For further support, Mourant attaches the Second
Affidavit of Luke Burgess-Shannon as Exhibit “A” and incorporates same herein by reference.
Section 36A.004(a) places an affirmative duty on the forum court to recognize a foreign-country
money judgment unless one of the grounds for nonrecognition stated in subsection (b) or (c)
applies. See NCCUSL Comment No. 3 to Tex. Civ. Prac. & Rem. Code § 36A.004. None of
those grounds mandating nonrecognition exists. Accordingly the Grand Cayman judgment must
be recognized pursuant to Tex. Civ. Prac. & Rem. Code § 36A et seg.
2.02 The Judgment, in all things, satisfies the requirements of Texas Civ. Prac. & Rem.
Code § 36A et seq., and satisfies the standards for recognition of a foreign-country judgment
entitled to full faith and credit in the same manner as a judgment of sister state, pursuant to
Texas Civ. Prac. & Rem. Code § 36A et seq., as well as principles of comity.
Ill. CONCLUSION AND PRAYER
3.01 WHEREFORE, Judgment Creditor Mourant prays that this Honorable Court
recognize this consent judgment and find that the Judgment is conclusive between the parties and
is enforceable in the same manner as a judgment of a sister state that is entitled to full faith and
credit and that Mourant recover its attorney’s fees, pre-judgment and post-judgment interest at
Mourant-Ozannes.10.2.2020 -2-the applicable rate provided by law, costs of Court, and such other and further relief to which
Judgment Creditor may show itself justly entitled.
Respectfully submitted,
KELLY, SMITH & SCHMIDT, P.C.
W. Scott Matney
State Bar No. 24010747
smatney@kellysmithpc.com
Charles T. Kelly
State Bar No. 11216840
kelly@kellysmithpc.com
4305 Yoakum Boulevard
Houston, Texas 77006
(713) 861-9900 — Telephone
(713) 861-7100 — Facsimile
COUNSEL FOR JUDGMENT CREDITOR,
MOurTANT OZANNES
CERTIFICATE OF SERVICE
I hereby certify that on 2 October 2020, a true and correct copy of the foregoing
instrument along with any attachments thereto, was transmitted to all counsel of record in
accordance with TRCP 21 and 21a, as indicated:
Via E-Mail and/or E-Serve:
JRStratton@StrattonLawFirm.com
John Robert Stratton
THE STRATTON LAW FIRM, PLLC
P.O. Box 2232
Austin, Texas 78768
T: 512-445-6262
F: 512-444-3726
ATTORNEYS FOR JUDGMENT DEBTOR
STEVE NICANDROS =
2 ~
W. Scott Matney / Charles T. Kelly
Mourant-Ozannes.10.2.2020 -3-
Document Filed Date
October 02, 2020
Case Filing Date
July 10, 2020
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CAUSE NO. 2020-41443 MOURANT OZANNES, § IN THE DISTRICT COURT Plaintiff, ; VS. ; HARRIS COUNTY, TEXAS STEVE NICANDROS and ; ZAZA MAMULAISHVILI, § Defendants. ; 164" JUDICIAL DISTRICT JUDGMENT CREDITOR’S MOTION FOR RECOGNITION OF FOREIGN-COUNTRY JUDGMENT TO THE HONORABLE DISTRICT COURT JUDGE: COMES NOW, Judgment Creditor MOURANT OZANNES and files this Motion for Recognition of Foreign-Country Judgment and in support thereof, would respectfully show the following: I. INTRODUCTION 1.01 This is a proceeding to recognize a foreign-country judgment pursuant to the Uniform Foreign-Country Money Judgments Recognition Act. Tex. Civ. Prac. & Rem. Code § 36A et seg., which codifies the most prevalent common law rules with regard to the recognition of money judgments rendered in other countries and has been adopted in a majority of the states. See Prefatory Note to the Uniform Foreign-Country Money Judgments Recognition Act of The National Conference of Commissioners on Uniform State Laws. The relevant judgment was issued by the Grand Court of the Cayman Islands and was entered by consent. The debt made the basis of the judgment was incurred pursuant to guaranty agreements executed by the judgment debtors, for outstanding attorney’s fees owed to Judgment Creditor Mourant, a law firm. Mourant-Ozannes.10.2.2020 -l-Il. AR T & AUTHORITIES 2.01 By this motion, Mourant is seeking recognition of the Judgment such that it is conclusive between the parties and is enforceable in Texas in the same manner as a judgment of a sister state that is entitled to full faith and credit, pursuant to Tex. Civ. Prac. & Rem. Code § 36A.007. Mourant previously filed an authenticated copy of the Judgment along with a supporting affidavit in accordance with the Uniform Foreign Country Money-Judgment Act, which are incorporated herein by reference. For further support, Mourant attaches the Second Affidavit of Luke Burgess-Shannon as Exhibit “A” and incorporates same herein by reference. Section 36A.004(a) places an affirmative duty on the forum court to recognize a foreign-country money judgment unless one of the grounds for nonrecognition stated in subsection (b) or (c) applies. See NCCUSL Comment No. 3 to Tex. Civ. Prac. & Rem. Code § 36A.004. None of those grounds mandating nonrecognition exists. Accordingly the Grand Cayman judgment must be recognized pursuant to Tex. Civ. Prac. & Rem. Code § 36A et seg. 2.02 The Judgment, in all things, satisfies the requirements of Texas Civ. Prac. & Rem. Code § 36A et seq., and satisfies the standards for recognition of a foreign-country judgment entitled to full faith and credit in the same manner as a judgment of sister state, pursuant to Texas Civ. Prac. & Rem. Code § 36A et seq., as well as principles of comity. Ill. CONCLUSION AND PRAYER 3.01 WHEREFORE, Judgment Creditor Mourant prays that this Honorable Court recognize this consent judgment and find that the Judgment is conclusive between the parties and is enforceable in the same manner as a judgment of a sister state that is entitled to full faith and credit and that Mourant recover its attorney’s fees, pre-judgment and post-judgment interest at Mourant-Ozannes.10.2.2020 -2-the applicable rate provided by law, costs of Court, and such other and further relief to which Judgment Creditor may show itself justly entitled. Respectfully submitted, KELLY, SMITH & SCHMIDT, P.C. W. Scott Matney State Bar No. 24010747 smatney@kellysmithpc.com Charles T. Kelly State Bar No. 11216840 kelly@kellysmithpc.com 4305 Yoakum Boulevard Houston, Texas 77006 (713) 861-9900 — Telephone (713) 861-7100 — Facsimile COUNSEL FOR JUDGMENT CREDITOR, MOurTANT OZANNES CERTIFICATE OF SERVICE I hereby certify that on 2 October 2020, a true and correct copy of the foregoing instrument along with any attachments thereto, was transmitted to all counsel of record in accordance with TRCP 21 and 21a, as indicated: Via E-Mail and/or E-Serve: JRStratton@StrattonLawFirm.com John Robert Stratton THE STRATTON LAW FIRM, PLLC P.O. Box 2232 Austin, Texas 78768 T: 512-445-6262 F: 512-444-3726 ATTORNEYS FOR JUDGMENT DEBTOR STEVE NICANDROS = 2 ~ W. Scott Matney / Charles T. Kelly Mourant-Ozannes.10.2.2020 -3-