On January 12, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Fix And Flip, Llc,
and
Alkebulan, Christie,
Alkebulan, Cranston,
Gomez, Tennille,
Old Republic National Title Insurance Company,
Phillips, Terrance,
for OTHER (CIVIL)
in the District Court of Dallas County.
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FILED
6/15/2021 11:17 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Treva Parker-Ayodele DEPUTY
No. DC-21-00443
FIX AND FLIP, LLC, § IN THE DISTRICT COURT
PLAINTIFF, §
§
V. § 134TH JUDICIAL DISTRICT
§
OLD REPUBLIC NATIONAL TITLE §
INSURANCE COMPANY, §
DEFENDANTS. § OF DALLAS COUNTY, TEXAS
ATTORNEY MARK A. MOSLEY’S OBJECTION TO TERRANCE PHILLIPS
RESPONSE TO MOTION TO REINSTATE
Plaintiff, Fix and Flip, LLC., attorney’s objection to procedural history and characterization
of litigation and alleges as follows:
I. SUIT IN PARTNERSHIP
1. Terrance Phillips (Phillips) filed a suit in partnership complaining of a Dallas County resident
in Denton County.
2. Christie Alkebulan, denoted as Christine Alkebulan (Christie) in the Denton County
partnership suit defeated the venue in Denton County as a Pro Se Defendant.
3. Phillips sought to confer venue through a series of amended claims and parties.
II. PROPER SUIT FILED
4. Attorneys Mark A. Mosley and Anthony Reed filed a proper suit involving proper parties in
a proper county. The instant suit was administratively abated pending the venue claim of improper
suit and improper county.
5. Despite Phillips’ ludicrous claims of partnership funds held by Old Republic National Title
Company (Republic), it is beyond dispute that the Dallas property was owned by a Dallas
company; the funds due to the sale of the Dallas property are funds owned by and owed by
Republic to a Dallas Company.
6. The Company is Fix and Flip, LLC, a company begun by Cranston Alkebulan (Cranston) in
Plaintiff, Fix & Flip’s attorney objection Page 1 of 3
Nevada as its organizer. Christie, Cranston and Marlon Rollins were the initial Members of the
LLC.
7. Due to the attempted theft, embezzlement or misappropriation of company funds, by a late
admission to the company of Phillips, Republic was requested to stop payment of funds obtained
by Phillips through a personal relationship with the closing agent of Republic.
III. ARGUMENT
8. Christie or Cranston are not liable in the capacity in which they were sued. Phillips, due to
egregious misapplication of law and facts has increased the time, effort and resources of the
courts of two (2) counties. Additionally, needless time and wasted expenses of the Alkebulans has
been a major impact of Phillips’ inability, refusal or unwillingness to recognize clear Facts and
Law.
9. Frankly, it is nearly impossible to recognize the suit filed in Denton County by Karen Ensley
when compared with the instant suit. Judge Shipman, of the 16th Judicial District Court in Denton
County, inquired about the noted absence of Ms. Ensley in seeking to justify the venue in Denton
County.
10. It was apparent that the Denton County suit could not, despite numerous attempts, be a suit
in Denton County due to the improper nature of the filing by Ms. Ensley.
11. The transferred suit should be made a consolidated suit under the first properly filed suit in
Dallas County.
12. The frivolous nature of a partnership suit in an improper county over company property and
company funds will be addressed during the merits of the instant suit.
13. Republic, through its attorney, requested that Ms. Ensley dismiss the Denton County suit -
Ms. Ensley politely refused thereby forcing the waste or time, effort and resources and untold, as
of yet, needless expenses of the Alkebulans.
Plaintiff, Fix & Flip’s attorney objection Page 2 of 3
14. Republic further submitted its position to the this Court that the Denton County court was
an improper venue. Still, Ms. Ensley failed and refused to recognized the simplest of venue facts.
15. An individual defendant has a statutory right to be sued in the county of their residence. On
the face of the pleading, filed by Ms. Ensley, it clearly stated that Christie “Resided” in Dallas
County. The Statutory provision replaced the “Plea of Privilege” when codification of the venue
rules occurred around 1983.
III. SUMMATION
16. Irrespective of the clear and inescapable facts and law, an improper suit was filed in Denton
County. Clearly a proper suit was filed in Dallas County involving Dallas property and a Dallas
Company over company funds due to the Dallas company, Phillips still seeks to impose the
improper and clearly erroneous suit upon this court. This court should respectfully decline the
overture.
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 PLAINTIFF
CERTIFICATE OF SERVICE
I hereby certify that on the 15th day of June 2021, a true and correct copy of the foregoing
Objection was duly served to Defendants through their counsel of record vie Texas eFile system.
By:/s/ Mark A. Mosley
Mark A. Mosley
Plaintiff, Fix & Flip’s attorney objection Page 3 of 3
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Mark Mosley
Bar No. 788083
mmosley@MosleyLawFirm.com
Envelope ID: 54422668
Status as of 6/16/2021 2:12 PM CST
Associated Case Party: FIX AND FLIP, LLC
Name BarNumber Email TimestampSubmitted Status
Mark Anthony Mosley 788083 mmosley@mosleylawfirm.com 6/15/2021 11:17:06 AM SENT
Anthony Reed areed@thereedlawfirm.com 6/15/2021 11:17:06 AM SENT
Associated Case Party: OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
Name BarNumber Email TimestampSubmitted Status
Jeremy Brown jbrown@keatingbrown.com 6/15/2021 11:17:06 AM SENT
Associated Case Party: Fix and Flip, LLC
Name BarNumber Email TimestampSubmitted Status
Karen Ensley karen@eblawtexas.com 6/15/2021 11:17:06 AM SENT
Brian L.Benitez brian@eblawtexas.com 6/15/2021 11:17:06 AM SENT
Scott A.Colley scott@eblawtexas.com 6/15/2021 11:17:06 AM SENT
Brittney Rivas brittney@eblawtexas.com 6/15/2021 11:17:06 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Francine Ly fly@dallascourts.org 6/15/2021 11:17:06 AM SENT
Rebecca Evans revans@thereedlawfirm.com 6/15/2021 11:17:06 AM SENT
Document Filed Date
June 17, 2021
Case Filing Date
January 12, 2021
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FILED 6/15/2021 11:17 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Treva Parker-Ayodele DEPUTY No. DC-21-00443 FIX AND FLIP, LLC, § IN THE DISTRICT COURT PLAINTIFF, § § V. § 134TH JUDICIAL DISTRICT § OLD REPUBLIC NATIONAL TITLE § INSURANCE COMPANY, § DEFENDANTS. § OF DALLAS COUNTY, TEXAS ATTORNEY MARK A. MOSLEY’S OBJECTION TO TERRANCE PHILLIPS RESPONSE TO MOTION TO REINSTATE Plaintiff, Fix and Flip, LLC., attorney’s objection to procedural history and characterization of litigation and alleges as follows: I. SUIT IN PARTNERSHIP 1. Terrance Phillips (Phillips) filed a suit in partnership complaining of a Dallas County resident in Denton County. 2. Christie Alkebulan, denoted as Christine Alkebulan (Christie) in the Denton County partnership suit defeated the venue in Denton County as a Pro Se Defendant. 3. Phillips sought to confer venue through a series of amended claims and parties. II. PROPER SUIT FILED 4. Attorneys Mark A. Mosley and Anthony Reed filed a proper suit involving proper parties in a proper county. The instant suit was administratively abated pending the venue claim of improper suit and improper county. 5. Despite Phillips’ ludicrous claims of partnership funds held by Old Republic National Title Company (Republic), it is beyond dispute that the Dallas property was owned by a Dallas company; the funds due to the sale of the Dallas property are funds owned by and owed by Republic to a Dallas Company. 6. The Company is Fix and Flip, LLC, a company begun by Cranston Alkebulan (Cranston) in Plaintiff, Fix & Flip’s attorney objection Page 1 of 3 Nevada as its organizer. Christie, Cranston and Marlon Rollins were the initial Members of the LLC. 7. Due to the attempted theft, embezzlement or misappropriation of company funds, by a late admission to the company of Phillips, Republic was requested to stop payment of funds obtained by Phillips through a personal relationship with the closing agent of Republic. III. ARGUMENT 8. Christie or Cranston are not liable in the capacity in which they were sued. Phillips, due to egregious misapplication of law and facts has increased the time, effort and resources of the courts of two (2) counties. Additionally, needless time and wasted expenses of the Alkebulans has been a major impact of Phillips’ inability, refusal or unwillingness to recognize clear Facts and Law. 9. Frankly, it is nearly impossible to recognize the suit filed in Denton County by Karen Ensley when compared with the instant suit. Judge Shipman, of the 16th Judicial District Court in Denton County, inquired about the noted absence of Ms. Ensley in seeking to justify the venue in Denton County. 10. It was apparent that the Denton County suit could not, despite numerous attempts, be a suit in Denton County due to the improper nature of the filing by Ms. Ensley. 11. The transferred suit should be made a consolidated suit under the first properly filed suit in Dallas County. 12. The frivolous nature of a partnership suit in an improper county over company property and company funds will be addressed during the merits of the instant suit. 13. Republic, through its attorney, requested that Ms. Ensley dismiss the Denton County suit - Ms. Ensley politely refused thereby forcing the waste or time, effort and resources and untold, as of yet, needless expenses of the Alkebulans. Plaintiff, Fix & Flip’s attorney objection Page 2 of 3 14. Republic further submitted its position to the this Court that the Denton County court was an improper venue. Still, Ms. Ensley failed and refused to recognized the simplest of venue facts. 15. An individual defendant has a statutory right to be sued in the county of their residence. On the face of the pleading, filed by Ms. Ensley, it clearly stated that Christie “Resided” in Dallas County. The Statutory provision replaced the “Plea of Privilege” when codification of the venue rules occurred around 1983. III. SUMMATION 16. Irrespective of the clear and inescapable facts and law, an improper suit was filed in Denton County. Clearly a proper suit was filed in Dallas County involving Dallas property and a Dallas Company over company funds due to the Dallas company, Phillips still seeks to impose the improper and clearly erroneous suit upon this court. This court should respectfully decline the overture. 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 PLAINTIFF CERTIFICATE OF SERVICE I hereby certify that on the 15th day of June 2021, a true and correct copy of the foregoing Objection was duly served to Defendants through their counsel of record vie Texas eFile system. By:/s/ Mark A. Mosley Mark A. Mosley Plaintiff, Fix & Flip’s attorney objection Page 3 of 3 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Mark Mosley Bar No. 788083 mmosley@MosleyLawFirm.com Envelope ID: 54422668 Status as of 6/16/2021 2:12 PM CST Associated Case Party: FIX AND FLIP, LLC Name BarNumber Email TimestampSubmitted Status Mark Anthony Mosley 788083 mmosley@mosleylawfirm.com 6/15/2021 11:17:06 AM SENT Anthony Reed areed@thereedlawfirm.com 6/15/2021 11:17:06 AM SENT Associated Case Party: OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Name BarNumber Email TimestampSubmitted Status Jeremy Brown jbrown@keatingbrown.com 6/15/2021 11:17:06 AM SENT Associated Case Party: Fix and Flip, LLC Name BarNumber Email TimestampSubmitted Status Karen Ensley karen@eblawtexas.com 6/15/2021 11:17:06 AM SENT Brian L.Benitez brian@eblawtexas.com 6/15/2021 11:17:06 AM SENT Scott A.Colley scott@eblawtexas.com 6/15/2021 11:17:06 AM SENT Brittney Rivas brittney@eblawtexas.com 6/15/2021 11:17:06 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Francine Ly fly@dallascourts.org 6/15/2021 11:17:06 AM SENT Rebecca Evans revans@thereedlawfirm.com 6/15/2021 11:17:06 AM SENT