On October 05, 2017 a
Motion-Secondary
was filed
involving a dispute between
Action Premier Hauling Inc,
Coleman, Kelly,
and
Board Of Trustees Of The Pines Condominium Association Inc,
Cummings, Robert,
Nassar, Emile,
Coleman, Kelly,
Creative Management Company,
Omega Contractors,
Santino, Laska,
Unknown Foundation Repair Company,
Wolfe, Bob,
Wolfe, Robert,
for OTHER CIVIL
in the District Court of Harris County.
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Cause Number 2017-66216
Kelly Coleman In the District Court
Plaintiff,
§
versus
Emile Nassar, Robert Cummings, and §
The Board of Trustees of the Pines §
Condominium Association, Inc §
§ of Harris County, Texas
Defendants, §
Action Premier Hauling, LLC,
Intervenor §
Bob Wolfe
Defendant § 157 Judicial District
Action Premier Hauling, Inc.’s Motion for Partial Summary Judgment Reply
To the Honorable District Judge:
Action Premier Hauling, LLC (“Action”), Intervenor, files Reply to its Partial Motion for
Summary Judgment against the Pines Condominium Association, Inc. (the “Association :
Introduction
The crux of the Association s argument is that since they breached their own
bylaws, they should not be held liable. ThAs sociation argues that they found a
loophole by performing an illegal act.
ThAs sociation fails to refute the fact that the contract was ratifiedby the
Association.
Further, the Association obviously ratified the contract by making previous
MSJReply - Page
payments on the contract.
Affidavit of Betty Martin
The A sociation sole evidence is provided by t he Affidavit of Betty Martin.
Mrs. Martin s affidavit is completely opposite of her sworn testimony given to
is Court at the injunction hearing. Attached hereto is Mrs. Martin s entire
injunction hearing estimony as Exhibit
Mrs. Martin claims in her affidavit that During the October 3, 2017 executive
session/second Board meeting, we were never provided any of the details of any
agreement or alleged contract between the A sociation and Action Prmier
Hauling, LLC. (Paragraph 8 of the Martin A fidavit attached to the
sociation s summary judgment response
Mrs. Martin s affidavit is completely the opposite of what she testified to at the
injunction hearing.
At the injunction hearing, Mrs. Martin testified to the following facts:
The Board Meeting in question and Executive session had five days notice.
When the board meets with regards to contracts, the board goes into an
executive session.(106:15
There was a quorum at theOctober 3 , 2017Exe cutive S ssion(107:14
(108:12 (109:4 10)
e contract with Action was discussed at the executive session.(107:9
(108:16 (109:4 10)
At the executive session, the Pines ratifiedthe contract with Action . (108:24
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109:3)(109:4 (112:3
At the executivesession, the Pines agreed to pay Action. (108:20 (111:
(112
Legal Argument
The Association attempts to label the executive session as secret or improper.
wever, the Texas Property Code expressly permits executive sessions. Tex.
de 209.0051(c) 82.108(b) e executive ession ipart of the board
meeting, and not a separate boardmeeting.
The executive session must then be recorded in minutes. These minutes are
attached to Action s summary judgment motion. Tex. Pr de
(2)(b).
The A sociation s legal argument fails. The executive session is part of the board
meeting, where the board members go into ameeting without the members
present.
Even if the executive session was in proper (it was not), the Association s own
actions does not negate the existence of a contract with the Pines.
Prayer
Intervenor, Action Premier Hauling, LLC, prays the Court find that the Pines
Condominium Association, Inc. had entered into a written contract with Action Premier Hauling,
LLC, and that the Pines Condominium Association, Inc. has breached the contractand grant such
other relief to which Action Premier Hauling, LLC may show itself entitled.
MSJReply Page
Respectfully submitted,
________/sTravis Owens
Travis Owens
Texas Bar Number 24065859
Owens Law Group, P.L.L.C.
P.O. Box 8605
The Woodlands, TX 77387
Tel. (936) 828
Fax. (832) 327
travis@owens lawgroup.com
Attorney for Action Premier Hauling, LLC
CERTIFICATE OF SERVICE
I certify that on November 5, 2018 through e file, pursuant to Texas Rules of Civil
Procedure 21 and 21a.
Mitchell Katine
mkatine@lawkn.com
________/s Travis Owens
Travis Owens
MSJReply Page
Document Filed Date
November 05, 2018
Case Filing Date
October 05, 2017
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Cause Number 2017-66216 Kelly Coleman In the District Court Plaintiff, § versus Emile Nassar, Robert Cummings, and § The Board of Trustees of the Pines § Condominium Association, Inc § § of Harris County, Texas Defendants, § Action Premier Hauling, LLC, Intervenor § Bob Wolfe Defendant § 157 Judicial District Action Premier Hauling, Inc.’s Motion for Partial Summary Judgment Reply To the Honorable District Judge: Action Premier Hauling, LLC (“Action”), Intervenor, files Reply to its Partial Motion for Summary Judgment against the Pines Condominium Association, Inc. (the “Association : Introduction The crux of the Association s argument is that since they breached their own bylaws, they should not be held liable. ThAs sociation argues that they found a loophole by performing an illegal act. ThAs sociation fails to refute the fact that the contract was ratifiedby the Association. Further, the Association obviously ratified the contract by making previous MSJReply - Page payments on the contract. Affidavit of Betty Martin The A sociation sole evidence is provided by t he Affidavit of Betty Martin. Mrs. Martin s affidavit is completely opposite of her sworn testimony given to is Court at the injunction hearing. Attached hereto is Mrs. Martin s entire injunction hearing estimony as Exhibit Mrs. Martin claims in her affidavit that During the October 3, 2017 executive session/second Board meeting, we were never provided any of the details of any agreement or alleged contract between the A sociation and Action Prmier Hauling, LLC. (Paragraph 8 of the Martin A fidavit attached to the sociation s summary judgment response Mrs. Martin s affidavit is completely the opposite of what she testified to at the injunction hearing. At the injunction hearing, Mrs. Martin testified to the following facts: The Board Meeting in question and Executive session had five days notice. When the board meets with regards to contracts, the board goes into an executive session.(106:15 There was a quorum at theOctober 3 , 2017Exe cutive S ssion(107:14 (108:12 (109:4 10) e contract with Action was discussed at the executive session.(107:9 (108:16 (109:4 10) At the executive session, the Pines ratifiedthe contract with Action . (108:24 MSJReply Page 109:3)(109:4 (112:3 At the executivesession, the Pines agreed to pay Action. (108:20 (111: (112 Legal Argument The Association attempts to label the executive session as secret or improper. wever, the Texas Property Code expressly permits executive sessions. Tex. de 209.0051(c) 82.108(b) e executive ession ipart of the board meeting, and not a separate boardmeeting. The executive session must then be recorded in minutes. These minutes are attached to Action s summary judgment motion. Tex. Pr de (2)(b). The A sociation s legal argument fails. The executive session is part of the board meeting, where the board members go into ameeting without the members present. Even if the executive session was in proper (it was not), the Association s own actions does not negate the existence of a contract with the Pines. Prayer Intervenor, Action Premier Hauling, LLC, prays the Court find that the Pines Condominium Association, Inc. had entered into a written contract with Action Premier Hauling, LLC, and that the Pines Condominium Association, Inc. has breached the contractand grant such other relief to which Action Premier Hauling, LLC may show itself entitled. MSJReply Page Respectfully submitted, ________/sTravis Owens Travis Owens Texas Bar Number 24065859 Owens Law Group, P.L.L.C. P.O. Box 8605 The Woodlands, TX 77387 Tel. (936) 828 Fax. (832) 327 travis@owens lawgroup.com Attorney for Action Premier Hauling, LLC CERTIFICATE OF SERVICE I certify that on November 5, 2018 through e file, pursuant to Texas Rules of Civil Procedure 21 and 21a. Mitchell Katine mkatine@lawkn.com ________/s Travis Owens Travis Owens MSJReply Page