Answer: FIX & FLIP, LLC, et al vs. CHRISTIE ALKEBULAN, et al

On January 08, 2021 a Answer was filed involving a dispute between Fix & Flip, Llc, Phillips, Terrance, and Alkebulan, Christie, Alkebulan, Cranston, Old Republic Nat'L Title Insurance Company, for OTHER (CIVIL) in the District Court of Dallas County.

Preview
FILED: 4/5/2021 12:00 AM
David Trantham
Denton County District Clerk
DC-21-06648 By: Lea Blevins, Deputy

CAUSE NO. 21:01-9146

TERRANCE PHILLIPS and FIX & § IN THE DISTRICT COURT
FLIP, LLC §
Plaintiff, §
§
v. §
§
CHRISTIE ALKEBULAN and §
CRANSTON ALKEBULAN §
§ JUDICIAL DISTRICT NO. 16
Defendants, §
§
OLD REPUBLIC NAT’L TITLE §
INSURANCE COMPANY, FIX AND §
FLIP LLC. §
Interpleader Defendants § DENTON COUNTY, TEXAS

FIX AND FLIP LLC’S REPLY TO PLAINTIFFS’ VERIFIED ANSWERS

Fix and Flip, LLC., ﬁles this reply to Plaintiff’s (sic) veriﬁed answers to Intervenor’s plea

in abatement, and in support thereof would show the court as follows:

The Cases

1. January 8, 2021 Terrance Phillips (Phillips) sued an individual Dallas County resident in

Denton County styled: Terrance Phillips, Plaintiff V. Christine (sic) Alkebulan, Defendant.

2. On January 12, 2021, Fix and Flip, LLC, at the request of Marlon Rollins, Cranston

Alkebulan (Canston) and Christie Alkebulan (Christie), members and a manager of Fix and Flip,

LLC, through long time counsel, ﬁled a suit styled, Fix and Flip, LLC V. Old Republic National

Title Insurance Company (Republic) in Dallas County, seeking a declaratory judgment regarding

funds in the name of Fix and Flip, LLC being held at the request of Fix and Flip, LLC.

3. On February 2, 2021, Phillips ﬁled a ﬁrst amended veriﬁed petition adding Fix & Flip,

Reply to Answers Plea to Abate 21-0191-16 Page 1of 5
LLC as a plaintiff and adding, Cranston and Republic as defendants.

4. On February 23, 2021, Fix and Flip, LLC, ﬁled its First Amended Petition for Declaratory

Relief and Application for Temporary Restraining Order and Temporary Injunction against

Defendant, Old Republic National Title Insurance Company, and Terrance Phillips in Dallas

County.

5. The Temporary Restraining Order and Temporary Injunction against Defendant Terrance

Phillips was granted ex parte on February 23rd by Judge Tillery of the 134th Judicial District.

6. On February 24‘“ Phillips ﬁled a Plea in Abatement and Motion to Dissolve Temporary

Restraining Order and Motion for Injunctive Relief in the 134th Judicial District.

7. A hearing was held on February 26th at which Judge Tillery denied the motion to dissolve
the temporary restraining order and denied the injunctive relief.

8. On March at 4:37 p.m.
9‘11 Judge Tillery issued the following Order:

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that this matter

is abated pending ﬁnal ruling on venue unless earlier lifted pursuant to application

of one or more of the parties.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, While the

Court retains jurisdiction over the case, the Clerk of the Court shall close this ﬁle

and remove it from the active docket of pending cases. This case is dismissed

without prejudice upon the expiration of thirty-one (31) day after a ﬁnal decision

on venue from the 16m District Court in Denton County, Texas. The case is

subject to being reopened upon the motion of any party without prejudice to the

rights of the parties for a period which shall continue until thirty (30) days after a

ﬁnal decision on venue from the 16““ District Court in Denton County, Texas.

Reply to Answers Plea to Abate 21-0191-16 Page 2 of 5
A true and correct copy of the Order is attached as Exhibit “A” incorporated for all purposes.

Argument and Authorities

8. As the long time attorney for Fix and Flip, LLC, once the attempt by Phillips to steal funds

of the company was discovered by Cranston and Christie, Republic’s main ofﬁce in Minnesota

was contacted by me and alerted to the attempted theft by Phillips and the funds, the subject of

this case, were retained by Republic and are being held pending a determination of the Venue

issue.

9. Republic intervened in the Dallas suit by email to Judge Tillery and the parties as follows:

Judge Tillery:

I'd like to chime in on behalf of the neutral intervenor as a way to assist the Court and the paities.

The Denton County Court's dominant jurisdiction depends on it being a court of proper venue. In

other words, it will be considered to be the ﬁrst-ﬁled case only if venue is proper. Ganzalez V.

Reliant Energy, Inc.,159 S.W.3d 615, 622 (Tex. 2005); Wyatt v. Show Plumbing, 760 S.W.2d

245, 248 (Tex. 1988). Thus, I don't think it is necessary for this Court t0 dismiss this case at this

time based solely on the physical fact that this case was ﬁled after the Denton County case. What

should happen is that rather than a motion to transfer venue ﬁ'om Dallas County, Mr. Mosely

should ﬁle a plea in abatement in Denton County based 0n improper venue, relying on Ganzalez.

Then if the Denton County Court ﬁnds that venue is not proper in Denton County, it won't transfer

that case here, it will mean the Denton County case does not have dominant jurisdiction and per

of this one, with no
the authorities cited by the parties, that court must abate the case in favor

transfer being needed or appropriate. Conversely, if the Denton County does ﬁnd that venue is

proper, Mr. Benitez would simply ﬁle a plea in abatement in this Court based on that decision and

howl read the authorities.
the Court would be required to grant the abatement. That is at least

Sincerely,

Jeremy T. Brown

A true and correct copy of the Email is attached as Exhibit “B” incorporated for all purposes.
Reply to Answers Plea to Abate 21-0191-16 Page 3of 5
10. The issue before this Court is one of Jurisdiction. Phillips seeks to preclude the Dallas case

from continuing due to alleged Dominant Jurisdiction based solely on being ﬁrst ﬁled. The fault

in that argument is that the ﬁrst ﬁled case must be a case of Proper Venue. Ganzalez v. Reliant

Energy, Inc., 159 S.W.3d 615, 622 (Tex. 2005); Wyatt v. Shaw Plumbing, 760 S.W.2d 245, 248

(Tex. 1988).

11. The ﬁrst ﬁled suit with proper venue is the Dallas case in the 134m Judicial District pending

but now abated in deference to this Court’s decision on the Venue issue.

12. It is an inescapable conclusion that Denton County is not a Proper Venue for suit against a

Defendant who is a Dallas Resident. The suit against Christine (sic) Alkebulan states on its face

“...may be served with process at her home at 1648 Bonnie View Rd, Dallas, Texas...”

13. Christie responded to the Denton County suit by properly challenging the Venue. A hearing
is set for May 7th on her Motion to Transfer Venue.

14. Christie’s Plea of Privilege to be sued in her county of residence, is proven by the plaintiff’s

pleading, is absolute barring her waiver. Moreover, The Venue rules do not equivocate as to

venue for suit against a resident of Texas. Sec. 15.002, in pertinent part provides all lawsuits

shall be brought in the county of defendant's residence at the time the cause of action accrued if
defendant is a natural person.

15. Fix and Flip, LLC’s Plea in Intervention is expressly made subject to Christie’s Motion to

transfer Venue and juxtaposed its representation as authorized by her solely in her capacity as the

sole remaining manager representing the members of the LLC.

16. The remaining members, Marlon Rollins, Cranston and manager / member Christie met due

to the attempted theﬁ, deception and myriad other failures by Phillips in an emergency meeting

to remove Phillips from the LLC. See Declaration of Organizer and Member Cranston Alkebulan

Reply to Answers Plea to Abate 21-0191-16 Page 4 of 5
attached as Exhibit “C” incorporated for all purposes.

17. Unbeknown to the remaining members, Phillips created a new and superior position for

himself as Managing Member. Fortunately, the LLC was able to notify its other lenders, suppliers

and work men / material men of Phillips’ removal from the operations of the LLC and business

has continued uninterrupted.

Conclusion

18. Phillips sued Christine (sic) personally as a defendant not in her county of residence.

Phillips then tried to assert dominant jurisdiction by amending the suit to allege venue facts. Suit

was ﬁled in a County of proper Venue and jurisdiction. That suit is abated pending a decision on

the issue of Venue by this Court. This Court should abate this matter as it did not acquire or have

dominate jurisdiction a the court in which suit was ﬁrst ﬁled. Dominate Jurisdiction is acquired

by the ﬁrst ﬁled suit in a County of proper Venue.

Respectfully submitted,

Law Offices of
Mark A. Mosley

BY:/s/ Mark A. Mosley
Mark A. Mosley SBOT: 00788083
1410 G Avenue, Suite 400
Plano, TX 75074
972.437.4119 Phone
mmosley@MosleyLawFirm.com Email

ATTORNEYS FOR INTERVENOR
CERTIFICATE OF SERVICE
I hereby certify that on the ﬂ day of April 2021 , a true and correct copy of the foregoing
Reply to Answers was duly served to Plaintiffs and Interpleader Defendant through their counsel
of record vie Texas eFile system.

Byz/s/ Mark A. Mosley
Mark A. Mosley

Reply to Answers Plea to Abate 21-0191-16 Page 5of 5
Exhibit "A"

CAUSE NO. DC-21-00443

FIX AND FLIP, LLC, et al IN THE DISTRICT COURT
VS'
134TH JUDICIAL DISTRICT
OLD REPUBLIC NATIONAL TITLE
INSURANCE COMPANY, et al DALLAS COUNTY, TEXAS
ORDER ABATING, ADMINISTRATIVELY CLOSING.
AND DISMISSING CASE

This matter is currently pending before the 16th District Court in Denton County,
Texas, under cause of action number: 21-0191-16, styled: Terrance Phillips, and Fix &
Flip, LLC vs. Christie Alkebulan and Cranston Alkebulan vs. Old Republic Nat’l Title
Insurance Company; therefore, this case is abated pending the ﬁnal ruling on venue or
such other proceedings as may appear necessary upon application to this Court. As a
result of the abatement, no further actions can be taken in this proceeding until the case is
reinstated to active status.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that this
matter is abated pending ﬁnal ruling on venue unless earlier lifted pursuant to application
of one or more of the parties.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, While the
Court retains jurisdiction over the case, the Clerk of the Court shall close this ﬁle and
remove it from the active docket of pending cases. This case is dismissed without
prejudice upon the expiration of thirty-one (31) day] after a ﬁnal decision on venue from
the 16th District Court in Denton County, Texas. The case is subject to being reopened
upon the motion of any party without prejudice to the rights of the parties for a period
which shall continue until thirty (30) days after a ﬁnal decision on venue from the 16th
District Court in Denton County, Texas.

SIGNED on 3/9/2021 4:17:39 PM

ﬂ/ﬁjﬁ
Da1e B.
Judge,
Ti11e1’y, Presidﬁlé
134th Judicial District Court
.
.

Order Abating, Administratively Closing and Dismissing Case Solo Page
Automated Eltiiﬂita‘ﬁ'bf eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
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Envelope ID: 51315160
Status as of 3/9/2021 5:33 PM CST
Associated Case Party: FIX AND FLIP, LLC

Name BarNumber Email TimestampSubmitted Status
Mark Anthony Mosley 788083 mmosley@mosleylawfirm.com 3/9/2021 5:32:48 PM NOT SENT

Anthony Reed areed@thereedlawfirm.com 3/9/2021 5:32:48 PM NOT SENT

Associated Case Party: OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY

Name BarNumber Email Timestam pSubmitted Status

Jeremy Brown jbrown@keatingbrown.com 3/9/2021 5:32:48 PM NOT SENT

Associated Case Party: Fix and Flip, LLC

Name BarNumber Email TimestampSubmitted Status
Karen Ensley karen@eblawtexas.com 3/9/2021 5:32:48 PM NOT SENT
Brian L.Benitez brian@eblawtexas.com 3/9/2021 5:32:48 PM NOT SENT
Scott A.Colley scott@eblawtexas.com 3/9/2021 5:32:48 PM NOT SENT

Brittney Rivas brittney@eblawtexas.com 3/9/2021 5:32:48 PM NOT SENT

Case Contacts

Name BarNumber Email TimestampSubmitted Status
Francine Ly fly@dallascourts.org 3/9/2021 5:32:48 PM NOT SENT
Page 1 of 10

Exhibit "B"
MosleyLawFirm
"
From: Jeremy Brown"
Date: Monday, March 08, 2021 1:03 PM
To: "BrianBenitez" ; ”MosleyLawFiIm” ; “Francine Ly'" <ﬂy@dallascourts.org>
”
Cc: Karen Ensley” ; ”Brittney Rivas" ;

Subject: RE: [External Sender]RE: DC-21-00443 Fix and Flip, LLC v. Old Republic National Title Insurance
Company and Terrance Phillips

Judge Tillery:

I’d like to chime in on behalf of the neutral intervenor as a way to assist the Court and the parties. The Denton
County Court’s dominantjurisdiction depends on itbeing acourt of proper venue. Inother words, it will be
considered to be the first-filed case only if venue is proper. Gonzalez v. Reliant Energy, Inc., 159 S.W.3d 615,
622 (Tex. 2005); Wyatt v. Shaw Plumbing, 760 S.W.2d 245, 248 (Tex. 1988). Thus, don’t think it is necessary
|

for this Court to dismiss this case at this time based solely on the physical fact that this case was filed after the
Denton County case. What should happen is that rather than a motion to transfer venue from Dallas County,
Mr. Mosely should filea plea in abatement inDenton County based on improper venue, relying on Gonzalez.
Then if the Denton County Court finds that venue is not proper in Denton County, it won’t transfer that case
here, it will mean the Denton County case does not have dominant jurisdiction and per the authorities cited by
the parties, that court must abate the case in favor of this one, with no transfer being needed or
appropriate. Conversely, if the Denton County does find that venue is proper, Mr. Benitez would simply file a
plea inabatement in this Court based on that decision and the Court would be required to grant the
abatement. That is at least how lread the authorities.

Sincerely,

Jeremy T. Brown
2425 N . Central Expy. Ste. 200 |
Richardson, Texas 75080
2146907703 |214.989.4146 -Fax
—
ibrown@keatingbrown.com I
_g_www.keaﬁn brown-com

m seem at

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From: Brian Benitez
Sent: Monday, March 8, 2021 12:45 PM
To: MosleyLawFirm ; areed@thereedlawﬁrm.com; 'Francine Ly'
; Jeremy Brown
Cc: Karen Ensley ; Brittney Rivas ;
revans@thereedlawfirm.com
Subject: RE: [External Sender]RE: DC—21—00443 Fix and Flip, LLC v.Old Republic National Title Insurance
Company and Terrance Phillips

4/1/2021
Page 2 of 10

Exhibit "B"
This is not new authority. We already discussed this at the hearing prior to the Judge ruling that Plaintiffs must
go to Denton to seek relief or provide authority which actually contravenes Wyatt, which you cite in your email
below, and to which |have already cited in my February 24 brief.

Wyatt expressly states (from your email below, your emphasis) "It is not required that the exact issues and
all the parties be included in the first action before the second is filed, provided that the claim in the
first suit may be amended to bring in all necessary and proper parties and issues. (Emphasis Added)
Wyatt v. Shaw Plumbing Co., 760 S.W.'2d 245, 247 (Tex. 1988). The First Amended Petition is the
active pleading in the Denton case, and it is attached my client’s plea in intervention. It already
includes such parties and claims / causes of action allowing for full resolution of all issues brought in
the second—filed Dallas case. To the extent the Denton Court finds otherwise, the Denton suit is clearly
amenable to amendment to "bring in all necessary and proper parties and issues."

The argument that Fix N Flip cannot be brought into the Denton suit is unavailing. Fix N Flip is already
in the Denton suit as a Plaintiff. To the extent your client believes this to be wrongful or inaccurate,
then the Denton Court will address that in the context of your Rule 12 motion, and the one l will soon-

file. The Denton Court will also address venue. As Judge Tillery discmsed in the prior hearing, a Dallas
County court is not competent to rule on a venue matter in a Denton County court.

As such, Judge Tillery is correct, and the 134th Judicial District Court for Dallas County lacks jurisdiction
to call tomorrow’s previously-scheduled hearing. Phillips urges that Wyatt controls, as it has been
cited to by all parties. Under Wyatt, the second—filed Dallas court must dismiss. HOWever, to the
extent the Dallas Court finds that it must not dismiss, then there is no contrary authority for the
position that it must at least abate, and in any event that the Dallas Court should maintain its current
order cancelling tomorrow’s hearing, in particular so that the Parties can focus their clients’ resources
on the first-filed Denton case, which is the proper setting for all matters regarding venue in the
Denton case.

Brian L Benilez
Ensley Benita: Law, P13.
8140 Walnut Hill Lu.. Ste. 835
Dallas. TM 75231
Pb: 459383.654»
Fa; 459.983.7070
Cell: 214.924.5433

ENSLEY BENITEz LAW. PC
[lullIm Q IImﬂ

From: MosleyLawFirm
Sent: Monday, March 3, 2021 12:28 PM
To: Brian Benitez ; areed@thereedlawfirm.com; 'Francine Ly’
; 'Jeremy Brown' <1Brown@KeatingBrown.com>
Cc: Karen Ensley ; Brittney Rivas ;
revans@thereedlawfirm.com
Subject: Re: [External SenderlRE: DC—21—00443 Fixand Flip, LLC v.Old Republic National Title Insurance
Company and Terrance Phillips

4/1f2021
Page 3 of 10

Exhibit "B"
Ms. Ly‘and Judge Tillery,

With all clue respect, the hearing was to be held until today's notice at 8:00 a.m.
The authority regarding the abatement is within the documents filed.
The significance was not brought directly to the Court’s attention because the hearing was still on.

The Court was most concerned with the adjudication of venue for the named defendants.
Although Judge Tillery properly noted that venue in Dallas was most likely correct —the transfer was
for Denton County.

The question before us now is the Abatement of the Dallas County Court Suit.
The authority cited by Defendant Phillips and Plaintiff Fix and Flip LLC is the same.

However, an exception to this general rule has long been recognized. If the court in which
suit is ﬁrst filed cannot properly dispose of the whole subject matter ofthe litigation as to all
necessary parties and issues, then the second court's ruling on any plea in abatement asserted
there is a discretionary matter. See Cleveland v. Ward, 285 S.W. at 1070; see also Dolenz v.
Continental National Bank of Fort Worth, 620 S.W.2d 572 (Tex. 1981); First State Bank of
Bishop, Texas v. Norris, 611 S.W.2d 680 (Tex.Civ.App.—-Tyler 1980, writ ref'd n.r.e.). The
court's opinion today still pays lip service to this exception when it states:
It is not required that the exact issues and all the
parties be included in the first action before the
second is filed,provided that the claim in the first
suit may be amended to bring in all necessary
and proper parties and issues. (Emphasis Added)
Wyatt v. Show Plumbing Co., 760 S.W.2d 245, 247 (Tex. 1988).,

The Exception to a Court’s requirement to Abate is the ability to bring a party into the case.
Judge Tillery recognized Venue is properly Dallas County. Fix and Flip LLC is a Dallas County Company.
Fix and Flip LLC as Plaintiff in the Dallas Suit CANNOT be brought into Denton County clue to Venue
Rules.

The Brief will be provided by the requested 4:00 p.m., if not sooner. ‘Elsewis’e, the hearing may be
canceled.

“Judge said he cannot hear the T'I unles$ there authority that said he cam Please let me know
if the IT hearing should be pull from 3/9" setting?”

Regards,

> Mark A. Mosley
> Attorney & Counselor at Law
> 1410 "G" Avenue, Suite 400
> Plano, TX 75074
a 972.437.4119 Phone

4/ 1f 2021
Page 4 of 10

Exhibit "B"
> mmoslev@MoslevLawFirm.com email

> This email message and its content, together with any attachment(s), are intended only for the use
ofthe entity or person(s) to which they are addressed and may contain confidential and/or privileged
information. If you have received this message in error, please notify us immediately by reply
electronic mail and then remove all traces ofthe electronic mail message from your system. Any
unauthorized use, reliance, distribution, or copying of this message, or any attachment, is prohibited.

From: Brian Benitez
Sent: Monday, March 08, 2021 11:40 AM
To: areed@thereedlawfirm.com ; 'Francine Lv' ; 'Jerem'v BrOWn'
Cc: 'MoslevLawFirm' ,'Karen Enslev ; Brittney Rivas ; evans@thereed|awfirm.com
Subject: RE: [External Sender]RE: DC—21-00443 Fix and Flip, LLC v. Old Republic National Title Insurance
Company and Terrance Phillips

Terrance Phillips objects and requests the Court maintain its current order cancelling the hearing scheduled for
March 9, 2021.

Phillips ﬁled his Plea in Abatement and Motion to Dissolve Restraining Order 11 days ago, on February
24, 2021 (pertinent portion pasted below). Plaintiff’s counsel has therefore had 11 days to ﬁnd
authority contrary to Phillips’s briefed position, which is based on long-standing Texas law, and which
relies on In re J.B. Hunt Transportation, a Texas Supreme Court case which itself cites to Curtis v.
Gibbs and Wyatt v. Shaw Plumbing C0. for support going back to 1974 and 1988, respectively. “Any
subsequent suit involving the same parties and the same controversy must be dismissed if a party
to that suit calls the second court’s attention to the pendency of the prior suit by a plea in
abatement.” (emphasis added).

Nine days ago, during February 26, 2021 hearing on this matter, the Court expressly instructed
Plaintiffs to either file a motion challenging venue in Denton, 0r to provide the Court some authority
contrary to JIB. Hunt Transportation. The Court did not seem to be allowing Plaintiff a third bite at the
apple in Dallas County plus instructions to go to Denton. Plaintiffs did in fact ﬁle a motion challenging
venue and a Rule 12 motion in Denton. To the extent the Court would consider allowing Plaintiff a
third try in Dallas, Phillips additionally objects that it would be inequitable to allow Plaintiffs t0 provide
such authority on the literal eve of the hearing, after the hearing has already been cancelled for
Plaintiffs failure to provide to the Court the authority requested 9 days ago, and regarding which
Plaintiffs have already been on notice for 11 days.

14. "The general common law rule in Texas is that the court in which suit is first filed
acquires dominant jurisdiction to the exclusion of other coordinate courts” Curtis v. Gibbs, 511
S.W.2d 263, 267 (Tex. 1974); In re J.B. Hunt Tronsp., Ina, 492 S.W.3d 287, 294 (Tex. 2016).
When two suits are inherently interrelated, a plea in abatement filed in the second action must be
granted. in re J.B. Hunt Transp., Inc., 492 S.W.3d 287, 294 (Tex. 2016) emphasis added; Wyatt v.
Show Plumbing Co., 760 S.W.2d 245, 247 (Tex. 1988). "Any subsequent suit involving the same
parties and the same controversy must be dismissed if a party to that suit calls the second court’s
attention to the pendency ofthe prior suit by a plea in abatement." id. at 267, emphasis added.

15. Aplea in abatement based on the existence ofa prior pending action must

4/ if2021
Page S of 10

Exhibit "B"
demonstrate that the actions involve the same parties and controversy by comparing (A) the causes
of action, (B) their subject matter and issues, and (C) the relief sought in each action. In

determining whether an inherent interrelationship exists, courts should be guided by the procedural
rules governing compulsory counterclaims and persons to be joined if feasible. Wyatt v. Shaw
Plumbing Co., 760 S.W.2d 245, 247—248 (Tex. 1988) ("It isnot required that the exact issues and
all the parties be included in the first action before the second is filed,provided that the claim in
the first suit may be amended to bring in all necessary and proper parties and issues”).

16. When an inherent interrelation of the subject matter exists in two pending actions,
the court in which the later action is filed has no discretion to refuse to abate that action, and the
court in which the earlier action is filedhas no discretion to abate the action in favor ofthe second
court. Dallas Fire ins. Co. v. Davis, 893 S.W.2d 288, 294 (Tex. App.—Fort Worth 1995, orig.
proceeding).

17. Even when there is not an inherent interrelation of the subject matter in the two
actions, the court may nevertheless, in an exercise of its sound discretion, abate an action for
reasons of comity, convenience, and orderly procedure, taking into consideration the practical
results to be obtained. lrving v. Dallas/Fort Worth, 894 S.W.2d 456, 463 (Tex. App—Fort Worth
1995, writ denied).

Brian L. ,Bcniiez
Ens-slay Benita: Law, Pf.
814D Walnut Hill LIL. Ste. 835
Dallas. “Di 15-231
Ph: 459.933.6500
Fx: 469.983.?0'i0
Cell: 2I4.924.5433

ENSLEY BENITEZ LAW. PC
IiiI"ml. m iulm‘llﬂlﬂmt Iml Lil

From: areed@thereedlawfirm.com
Sent: Monday, March 8, 2021 11:13 AM
To: 'Francine Ly' ; Brian Benitez ; ’Jeremy Brown'

Cc: 'MosleyLawFirm' ; Karen Ensley ;. Brittney Rivas.
; revans@thereedlawfirm.com
Subject: RE: [External SenderlRE: 0021-00443 Fix and Flip, LLC v.Old Republic National Title Insurance
Company and Terrance Phillips

We request until 4pm today to provide authority, absent providing such authority by 4pm we will not oppose
pulling the hearing at that time.

Anthony W. Reed, Esq.
The Reed Law Group, PLLC.
3245 W. Main Street, Ste. 235-346
Frisco, Texas 75034
(469) 579—5739 (ofc)
(214) 975-6854 (fax)

4/1/2021
Page 6 of 10

Exhibit "B"
Notice: This communication, including attachments, may contain information that is confidential. It constitutes non-public
information intended to be conveyed only to the designated recipient(s). If the reader or recipient of this communication is
not the intended recipient, an employee or agent of the intended recipient who is responsible for delivering it to the intended
recipient, or if you believe that you have received this communication in error, please notify the sender immediately by
retum e-m ail and promptly delete this e-m ail, including attachments without reading or saving them in any manner. The
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unlawful. If you have received this email in error, please notify us immediately by e—mail or telephone and delete the e—mail
and the attachments (if any).

From: Francine Ly
Sent: Friday, March 5,2021 5:34 PM
To: 'Brian Benitez' ; 'areed@thereedlawfirm.com' ;
Jeremy Brown
Cc: 'MosleyLawFirm' ; 'Karen Ensley' ; 'Brittney
Rivas' ; 'revans@thereedlawﬁrm.com'
Subject: RE: [External Sender]RE: DC-21—00443 Fix and Flip, LLC v.Old Republic National Title Insurance
Company and Terrance Phillips

Hi,

Judge said he cannot hear the TI unless there authority that said he can. Please let me know if
the IT hearing should be pull from 3/9 setting?

Thanks,

F Ly
Direct Line: 214/653-6995

All counsels of record and/or Pro Se litigants must be copied on all written
communication to the Court.

From: Francine Ly
Sent: Thursday, March 4, 2021 9:08 PM
To: ’Brian Benitez' ; areed@thereedlawﬁrm.com; Jeremy Brown

Cc: 'MosleyLawFirm' ; Karen Ensley ; Brittney Rivas
; revans@thereedlawfirm.com
Subject: RE: [External Sender]RE: DC—21—00443 Fix and Flip, LLC v. OldRepublic National Title Insurance
Company and Terrance Phillips

Hi,
I need to move the TI hearing for 3/9 to 1:30 pm. because Judge has a discussion panel with
the DBA at 12 p.111.

You be getting an updated invitation shortly.

Thanks

FLy

4/1/2021
Page 7 of 10

Exhibit "B"
Direct Line: 214/653-6995

All counsels of record and/0r Pro Se litigants must be copied on all written
communication to the Court.

From: Brian Benitez
Sent: Friday, February 26, 2021 1:57 PM
To: areed@thereedlawfirm.com; Jeremy Brown
Cc: Francine Ly ; 'MosleyLawFirm' _; Karen Ensley
; Brittney Rivas ; revans@thereedlawfirm.com
Subject: [External Sender]RE: DC—21—00443 Fix and Flip, LLC v. Old Republic National Title Insurance Company
and Terrance Phillips

Ms Ly:

|
just received a popup in Teams indicating that you shared a file, but| can’t download it or-open it in a broswer.

If you intended to send something to me, would you please email it, or advise what action you'd like me to take.

Thanks again,

Bﬂan

Brian L. Benin:
Easier}; Benitez Law, RC.
814D Walnut Hill LIL. Ste. 835
Dallas TX T5231
Pl]: 469,933.6506
Ex: 459.983.70'“)
Cell: 214.924.5433

ENSLEY BENITEZ LAW. PC
___,_—-—r—‘ ...
IIIIImﬂl.Ill“!Iﬂm’lllll
“Mllmlm Imu

From: Brian Benitez
Sent: Friday, February 26, 2021 1:32 PM
To: areed@thereedlawfirm.com; 'Jeremy Brown'
Cc: 'Francine Ly' ,- 'MosleyLawFirm' ,- Karen Ensley
; Brittney Rivas ,' revans@thereedlawfirm.com
Subject: RE: DC—21—00443 Fix and Flip,LLC v. Old Republic National Title Insurance Company and Terrance
Phillips

Ms. Ly:

You also have the proposed TRO submitted on behalf of Mr.
|
Phillips. will be available all day if Judge Tillery
|

would like to confer with counsel via telephone (214-924-5433), and will be in the office today until around
3:00pm in the event the Judge would like another Teams meeting. If the Judge would like a Teams meeting
after 3pm, then please let me know, and will ensure my availability.
|

Thank you for your help,

4/1/2021
Page 8 of 10

Exhibit "B"
Brian Benitez

Brian L. Benitez
Ensley Benitez Law. P13.
314!) Walnut Hill LIL. Ste. 835
Dallas. TX 7"5231
Pia: 469.983.65m
Ex: 4693833070
Cell: 214 974 $413

NSLEY. BENITEZ Law. PC
MW “I I Iﬂm‘llﬂl:mumﬂm IMM LII

From: areed@thereedlawfirm.com
Sent: Friday, February 26, 2021 12:56 PM
To: Brian Benitez ; 'Jeremy Brown'
Cc: 'Francine Ly' ,' 'MosleyLawFirm' ,' Karen Ensley
; Brittney Rivas ,- revans@thereed|awfirm.com
Subject: RE: 0021-00443 Fix and Flip, LLC v. Old Republic National Title Insurance Company and Terrance
Phillips

In the spirit of expediency, and to facilitate getting an Order entered today as the Court previously
recommended, let’s let the Court draft the Order.

Ms. Ly has our submissions.

Anthony W. Reed, Esq.
The Reed Law Group, PLLC.
3245 W. Main Street, Ste. 235—346
Frisco, Texas 75034
(469) 579-5739 (ofc)
(214) 975-6854 (fax)

Notice: This communication, including attachments, may contain information that is confidential. It constitutes non-public
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recipient, or if you believe that you have received this communication in error, please notify the sender immediately by
retum e-m ail and promptly delete this e-mail, including attachments without reading or saving them in any manner. The
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Case Info

Judge

TILLERY, DALE Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

April 05, 2021

Case Filing Date

January 08, 2021

County

Parties

ALKEBULAN, CHRISTIE Defendant
ALKEBULAN, CHRISTIE Defendant
ALKEBULAN, CRANSTON Defendant
ALKEBULAN, CRANSTON Defendant
BROWN, JEREMY T Attorney for the Defendant
ENSLEY, KAREN Attorney for the Plaintiff
ENSLEY, KAREN Attorney for the Plaintiff
FIX & FLIP, LLC Plaintiff
FIX & FLIP, LLC Plaintiff
OLD REPUBLIC NAT'L TITLE INSURANCE COMPANY Defendant
OLD REPUBLIC NAT'L TITLE INSURANCE COMPANY Defendant
PHILLIPS, TERRANCE Plaintiff
PHILLIPS, TERRANCE Plaintiff
Scott Colley Attorneys for Plaintiffs
Anthony Reed Attorney
Brian Benitez Attorneys for Plaintiffs

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Answer: FIX & FLIP, LLC, et al vs. CHRISTIE ALKEBULAN, et al

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Case Info

Parties