On October 05, 2017 a
Motion,Ex Parte
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 NO. 2017-66216
KELLY COLEMAN § IN THE DISTRICT COURT
§
VS § OF HARRIS COUNTY, TEXAS
§
EMILE NASSAR, ROBERT CUMMINGS 157TH JUDICIAL DISTRICT
AND THE BOARD OF TRUSTEES OF
THE PINES CONDOMINIUM
ASSOCIATION,
KELLY COLEMAN AND ROERT WOLFE'S MOTION FOR SUMMARY JUDGMENT
ON INTERVENOR, ACTION PREMIER HAULING, LLC'S COUNTERCLAIM
Plaintiff, KELLY COLEMAN (COLEMAN) and ROBERT WOLFE (WOLFE), Movants
herein, and files this Motion for Summary Judgment on Intervenor's Counterclaim against
COLEMAN and WOLFE and respectfully shows the Court as follows:
1. As provided in Rule 166a, Texas Rules of Civil Procedure, Plaintiff and Wolfe are
entitled to summary judgment against Defendant on Defendants' counterclaim because the
evidence conclusively disproves the following essential element of Defendants' counterclaim as a
matter of law:
Element: An independently tortious or unlawful act by the party accused of tortious
inter
Argument: Kelly Coleman and her counsel Robert Wolfe only act, as alleged by
Intervenor, as being tortious or unlawful was the filing of a Temporary Restraining Order
against Emile Nassar, Robert Cummings, and the Board of Trustees of the Pines
Condominium Association, Inc,. Such act was neither unlawful nor tortious. In fact, this
Honorable Court issued an Injunction to stop the Defendants from engaging in official
Pines action in a manner inconsistent with the Bylaws and applicable Texas law. This
Honorable Court also found that Kelly Coleman will likely suffer injury if this Court fails
to grant a temporary injunction.
Testimony at the injunction hearing showed that the contract which Intervenor
alleges that Kelly Coleman and her counsel Robert Wolfe tortious interfered with was
never approved by the Board of Trustees of the Pines Condominium Association, Inc. nor
was there ever sufficient votes to make payment to Intervenor.
2. As provided in Rule 166a, Texas Rules of Civil Procedure, Plaintiff is entitled to
summary judgment against Defendants on Defendants' counterclaim because every essential
element of Plaintiff's affirmative defense of Justification is conclusively proven as a matter of law
by the summary judgment evidence. The essential element of Plaintiff's defense is as follows:
Element: Justification
Argument: In this case both Kelly Coleman and her counsel Robert Wolfe were
justified in bringing the suit against Defendants because of their own right as property
owners and members of the Pines Condominium Association, Inc.
In, Black Lake Pipe Line Co. v. Union Constr. Co., 538 S.W.2d 80, 91 (Tex. 1976)
when contractual relations is privileged where it results from the exercise of a party's own
rights or where the party possesses an equal of superior interest to that of the plaintiff in
the subject matter."); in accord Victoria Bank & Trust Co. v. Brady, 811 S.W.2d 931, 939
(Tex.1991), and Sterner, 767 S.W.2d at 691. See also DBI Services, Inc. v. Amerada Hess
Corp., 907 F.2d 506, 508 (5th Cir.1990) ("Under an affirmative defense to a claim for
tortious interference], a party is privileged to interfere with another's contract if (1) it is
done in a bona fide exercise of his own rights, or (2) he has an equal or superior right in
the subject matter to that of the other party."), citing Sterner, 767 S.W.2d at 690.
3. In addition Counsel Robert Wolfe was brought in as a party on December 13, 2017 in
violation of this Courts’ Docket Control. – See attached.
4. This Motion is supported by the pleadings filed in this case and the following
summary judgment evidence, all of which is incorporated herein for all purposes:
Affidavits:
Affidavit of James Lawrence Brown, Past and current Board Member
Affidavit from Kelly Coleman, Plaintiff
Affidavit form Robert Wolfe, Plaintiff’s Counsel
Other:
The Courts’ Order Granting Temporary Injunction
The Courts’ Docket Control Order
PRAYER: Plaintiff prays that the Court set this Motion for hearing and, at the conclusion
thereof, the Court render a summary judgment in favor of Plaintiff against Defendants on all issues
of liability on Defendants' counterclaim. Alternatively, if the Court determines that Plaintiff is not
entitled to summary judgment on all issues, Plaintiff prays that the Court enter judgment on all
issues the Court finds to be determined as a matter of law. Plaintiff additionally prays for such
other relief as the Court may determine appropriate.
Respectfully submitted,
Law Office of Robert C. E. Wolfe, P.C.
7001 Corporate Dr., Suite 216
Houston, TX 77036
Robert Wolfe
Attorney for: Plaintiff
Phone: 713-225-5244
Fax: 1-855-329-7239
Email: texaslawhelp@yahoo.com
CERTIFICATE OF SERVICE
As required by Rule 21a, Texas Rules of Civil Procedure, I certify that on March 2, 2018
a true and correct copy of this document was served on the following attorneys in the manner
indicated:
William s. Chesney, III was served electronically through the electronic filing manager.
Travis Owens was served electronically through the electronic filing manager.
_________________________________
Robert Wolfe
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CAUSE NO. 2017-66216 KELLY COLEMAN § IN THE DISTRICT COURT § VS § OF HARRIS COUNTY, TEXAS § EMILE NASSAR, ROBERT CUMMINGS 157TH JUDICIAL DISTRICT AND THE BOARD OF TRUSTEES OF THE PINES CONDOMINIUM ASSOCIATION, KELLY COLEMAN AND ROERT WOLFE'S MOTION FOR SUMMARY JUDGMENT ON INTERVENOR, ACTION PREMIER HAULING, LLC'S COUNTERCLAIM Plaintiff, KELLY COLEMAN (COLEMAN) and ROBERT WOLFE (WOLFE), Movants herein, and files this Motion for Summary Judgment on Intervenor's Counterclaim against COLEMAN and WOLFE and respectfully shows the Court as follows: 1. As provided in Rule 166a, Texas Rules of Civil Procedure, Plaintiff and Wolfe are entitled to summary judgment against Defendant on Defendants' counterclaim because the evidence conclusively disproves the following essential element of Defendants' counterclaim as a matter of law: Element: An independently tortious or unlawful act by the party accused of tortious inter Argument: Kelly Coleman and her counsel Robert Wolfe only act, as alleged by Intervenor, as being tortious or unlawful was the filing of a Temporary Restraining Order against Emile Nassar, Robert Cummings, and the Board of Trustees of the Pines Condominium Association, Inc,. Such act was neither unlawful nor tortious. In fact, this Honorable Court issued an Injunction to stop the Defendants from engaging in official Pines action in a manner inconsistent with the Bylaws and applicable Texas law. This Honorable Court also found that Kelly Coleman will likely suffer injury if this Court fails to grant a temporary injunction. Testimony at the injunction hearing showed that the contract which Intervenor alleges that Kelly Coleman and her counsel Robert Wolfe tortious interfered with was never approved by the Board of Trustees of the Pines Condominium Association, Inc. nor was there ever sufficient votes to make payment to Intervenor. 2. As provided in Rule 166a, Texas Rules of Civil Procedure, Plaintiff is entitled to summary judgment against Defendants on Defendants' counterclaim because every essential element of Plaintiff's affirmative defense of Justification is conclusively proven as a matter of law by the summary judgment evidence. The essential element of Plaintiff's defense is as follows: Element: Justification Argument: In this case both Kelly Coleman and her counsel Robert Wolfe were justified in bringing the suit against Defendants because of their own right as property owners and members of the Pines Condominium Association, Inc. In, Black Lake Pipe Line Co. v. Union Constr. Co., 538 S.W.2d 80, 91 (Tex. 1976) when contractual relations is privileged where it results from the exercise of a party's own rights or where the party possesses an equal of superior interest to that of the plaintiff in the subject matter."); in accord Victoria Bank & Trust Co. v. Brady, 811 S.W.2d 931, 939 (Tex.1991), and Sterner, 767 S.W.2d at 691. See also DBI Services, Inc. v. Amerada Hess Corp., 907 F.2d 506, 508 (5th Cir.1990) ("Under an affirmative defense to a claim for tortious interference], a party is privileged to interfere with another's contract if (1) it is done in a bona fide exercise of his own rights, or (2) he has an equal or superior right in the subject matter to that of the other party."), citing Sterner, 767 S.W.2d at 690. 3. In addition Counsel Robert Wolfe was brought in as a party on December 13, 2017 in violation of this Courts’ Docket Control. – See attached. 4. This Motion is supported by the pleadings filed in this case and the following summary judgment evidence, all of which is incorporated herein for all purposes: Affidavits: Affidavit of James Lawrence Brown, Past and current Board Member Affidavit from Kelly Coleman, Plaintiff Affidavit form Robert Wolfe, Plaintiff’s Counsel Other: The Courts’ Order Granting Temporary Injunction The Courts’ Docket Control Order PRAYER: Plaintiff prays that the Court set this Motion for hearing and, at the conclusion thereof, the Court render a summary judgment in favor of Plaintiff against Defendants on all issues of liability on Defendants' counterclaim. Alternatively, if the Court determines that Plaintiff is not entitled to summary judgment on all issues, Plaintiff prays that the Court enter judgment on all issues the Court finds to be determined as a matter of law. Plaintiff additionally prays for such other relief as the Court may determine appropriate. Respectfully submitted, Law Office of Robert C. E. Wolfe, P.C. 7001 Corporate Dr., Suite 216 Houston, TX 77036 Robert Wolfe Attorney for: Plaintiff Phone: 713-225-5244 Fax: 1-855-329-7239 Email: texaslawhelp@yahoo.com CERTIFICATE OF SERVICE As required by Rule 21a, Texas Rules of Civil Procedure, I certify that on March 2, 2018 a true and correct copy of this document was served on the following attorneys in the manner indicated: William s. Chesney, III was served electronically through the electronic filing manager. Travis Owens was served electronically through the electronic filing manager. _________________________________ Robert Wolfe