On May 28, 2019 a
Motion,Ex Parte
was filed
involving a dispute between
David E Boddie Gst07 Trust (Appearing By And Through Its Sole Trustee,
and
Carl E Boddie Gst07 Trust,
Labita M Boddie Gst07 Trust,
Labita M Boddie Gst07 Trust By Labita M Boddie Trustee,
for PARTITION
in the District Court of Harris County.
Preview
NO. 2019-36410
THE DAVID E. BODDIE GST07 TRUST, § IN THE DISTRICT COURT OF
PLAINTIFF,
Vv.
THE LABITA M. BODDIE GST07 TRUST HARRIS COUNTY, TEXAS
and
THE CARL E. BODDIE GST07 TRUST,
DEFENDANTS. 1657 JUDICIAL DISTRICT
PLAINTIFF’S MOTION
TO APPOINT PARTITION COMMISSIONERS
OR A PARTITION RECEIVER
Plaintiff David E. Boddie, Trustee of The David E. Boddie GST07 Trust
("Plaintiff") moves the Court pursuant to TEX.R.Civ.P. Rules 761 and 770 to appoint either
partition commissioners or a partition receiver herein. Plaintiff would respectfully show:
i This is a suit for partition of real estate brought under Section 4 of Part VII of the
Texas Rules of Civil Procedure, TEX.R.CIv.P. Rules 756-71. Under those Rules, a court
can achieve a partition in kind or a partition by sale. If the Court determines that the
property "is susceptible ofpartition" in kind, the Court appoints “three or more competent
and disinterested persons as commissioners to make such partition "~ TEX.R.CIV.P.
Rules 761. On the other hand, if the court "be of the opinion that a fair and equitable
division of the real estate cannot be made," the Court can appoint a Eecelyet to make a
"private or public sale" of the land. Tex.R.Civ.P. Rules 770.
2 The realty in issue is a contiguous 11+ acre tract on the South Beltway; with a
substantial office/industrial building on it having adjacent parking. The three parties to
this case each own an equal, undivided one-third interest in the whole of the land. The
realty is unquestionably worth millions of dollars.
3 The Plaintiff is willing to accept either a piece of the property worth a third of the
whole or a third of the net proceeds from a sale of the land. What the Plaintiff wants is to
be free from owning the property jointly with his estranged brother and sister, the
Defendants. More than anything, the Plaintiff seeks to avoid any process which fails to
respect the right of all parties to be treated equally.
4 Naturally there is a background to this case—the history of how three siblings came
to this state of affairs. Each party has his or her complaints. As a matter of intellectual
integrity, all of these parties should recognize that the story of this family is not what this
case is about. Section 23.001 of the Texas Property Code gives any joint owner of real
property in Texas a right to have that property partitioned. This does not depend upon a
showing of wrongdoing by anyone. It is simply a right of joint owners.
WHEREFORE, The David E. Boddie GSTO7 Trust, appearing by its sole Trustee
David E. Boddie, moves the Court to determine whether the realty in issue is or is not
susceptible to a fair and equitable partition in kind. If it i Plaintiff moves the Court to
appoint commissioners for that purpose. If it is not, Plaintiff moves ithe: Court to appoint a
receiver to sell the property in a commercially reasonable manner. Alternate proposed
form of Orders to these effects are being submitted with this Motion.
Respectfully submitted.
Norman Riedmueller, P.C: & Associates
By ML Gt
Z—-
Norman Riedmueller
Texas Bar No. 16904600
4915 Preston Trails Lane
Pasadena, Texas 77505-4161
Telephone: (832) 453-8800
Facsimile: (281) 991-9919
Email: riedmuellerlaw@att.net
ATTORNEY FOR PLAINTIFF
THE DAVID E. BODDIE GST07 TRUST.
APPEARING BY AND THROUGH ITS
SOLE TRUSTEE, DAVID E. BODDIE
CERTFICATE OF CONFERENCE
This is to certify, pursuant to TEX.R.CIV.P. Rule 191.2 as extended by Rule 3.3.6 of
the local Rules of the Civil Trial Division for Harris County District Courts, that: (a) a
reasonable effort has been made to make the foregoing Motion a joint motion without the
necessity of court intervention; and (b) the effort failed. Over an extended period of time,
the undersigned has communicated with Defendants’ counsel regarding his position on how
to partition the realty in issue, but all efforts have failed.
By: Lor
Notman Riédmueller
(4 Ye
CERTIFICATE OF SERVICE
This will certify service of this instrument pursuant to Rules 21a(1) or (2) of the
Texas Rules of Civil Procedure through the electronic filing manager (EFM), in person
(IP), by commercial delivery service (CD), by facsimile (FAX), by email (E-M), or other
manner directed by the Court (O,C) as indicated on this 31st day of December, 2019.
UPON BY SERVING BY
Defendants Mr. Curt M. Langley EFM
The LaBita M. Boddie GST07 Trust, Crinion Davis Richardson &
appearing by and through its sole Langley LLP
Trustee LaBita M. Boddie and 2225 Crockett Street
The Carl E. Boddie GST07 Trust, Houston, Texas 77007
appearing by and through its sole
Trustee Carl E. Boddie
~
wos ZL 2
LP 7 “As
Norman Riedmueller
Document Filed Date
December 31, 2019
Case Filing Date
May 28, 2019
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NO. 2019-36410 THE DAVID E. BODDIE GST07 TRUST, § IN THE DISTRICT COURT OF PLAINTIFF, Vv. THE LABITA M. BODDIE GST07 TRUST HARRIS COUNTY, TEXAS and THE CARL E. BODDIE GST07 TRUST, DEFENDANTS. 1657 JUDICIAL DISTRICT PLAINTIFF’S MOTION TO APPOINT PARTITION COMMISSIONERS OR A PARTITION RECEIVER Plaintiff David E. Boddie, Trustee of The David E. Boddie GST07 Trust ("Plaintiff") moves the Court pursuant to TEX.R.Civ.P. Rules 761 and 770 to appoint either partition commissioners or a partition receiver herein. Plaintiff would respectfully show: i This is a suit for partition of real estate brought under Section 4 of Part VII of the Texas Rules of Civil Procedure, TEX.R.CIv.P. Rules 756-71. Under those Rules, a court can achieve a partition in kind or a partition by sale. If the Court determines that the property "is susceptible ofpartition" in kind, the Court appoints “three or more competent and disinterested persons as commissioners to make such partition "~ TEX.R.CIV.P. Rules 761. On the other hand, if the court "be of the opinion that a fair and equitable division of the real estate cannot be made," the Court can appoint a Eecelyet to make a "private or public sale" of the land. Tex.R.Civ.P. Rules 770. 2 The realty in issue is a contiguous 11+ acre tract on the South Beltway; with a substantial office/industrial building on it having adjacent parking. The three parties to this case each own an equal, undivided one-third interest in the whole of the land. The realty is unquestionably worth millions of dollars. 3 The Plaintiff is willing to accept either a piece of the property worth a third of the whole or a third of the net proceeds from a sale of the land. What the Plaintiff wants is to be free from owning the property jointly with his estranged brother and sister, the Defendants. More than anything, the Plaintiff seeks to avoid any process which fails to respect the right of all parties to be treated equally. 4 Naturally there is a background to this case—the history of how three siblings came to this state of affairs. Each party has his or her complaints. As a matter of intellectual integrity, all of these parties should recognize that the story of this family is not what this case is about. Section 23.001 of the Texas Property Code gives any joint owner of real property in Texas a right to have that property partitioned. This does not depend upon a showing of wrongdoing by anyone. It is simply a right of joint owners. WHEREFORE, The David E. Boddie GSTO7 Trust, appearing by its sole Trustee David E. Boddie, moves the Court to determine whether the realty in issue is or is not susceptible to a fair and equitable partition in kind. If it i Plaintiff moves the Court to appoint commissioners for that purpose. If it is not, Plaintiff moves ithe: Court to appoint a receiver to sell the property in a commercially reasonable manner. Alternate proposed form of Orders to these effects are being submitted with this Motion. Respectfully submitted. Norman Riedmueller, P.C: & Associates By ML Gt Z—- Norman Riedmueller Texas Bar No. 16904600 4915 Preston Trails Lane Pasadena, Texas 77505-4161 Telephone: (832) 453-8800 Facsimile: (281) 991-9919 Email: riedmuellerlaw@att.net ATTORNEY FOR PLAINTIFF THE DAVID E. BODDIE GST07 TRUST. APPEARING BY AND THROUGH ITS SOLE TRUSTEE, DAVID E. BODDIE CERTFICATE OF CONFERENCE This is to certify, pursuant to TEX.R.CIV.P. Rule 191.2 as extended by Rule 3.3.6 of the local Rules of the Civil Trial Division for Harris County District Courts, that: (a) a reasonable effort has been made to make the foregoing Motion a joint motion without the necessity of court intervention; and (b) the effort failed. Over an extended period of time, the undersigned has communicated with Defendants’ counsel regarding his position on how to partition the realty in issue, but all efforts have failed. By: Lor Notman Riédmueller (4 Ye CERTIFICATE OF SERVICE This will certify service of this instrument pursuant to Rules 21a(1) or (2) of the Texas Rules of Civil Procedure through the electronic filing manager (EFM), in person (IP), by commercial delivery service (CD), by facsimile (FAX), by email (E-M), or other manner directed by the Court (O,C) as indicated on this 31st day of December, 2019. UPON BY SERVING BY Defendants Mr. Curt M. Langley EFM The LaBita M. Boddie GST07 Trust, Crinion Davis Richardson & appearing by and through its sole Langley LLP Trustee LaBita M. Boddie and 2225 Crockett Street The Carl E. Boddie GST07 Trust, Houston, Texas 77007 appearing by and through its sole Trustee Carl E. Boddie ~ wos ZL 2 LP 7 “As Norman Riedmueller