On October 05, 2017 a
Answer
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
KELLY COLEMAN IN THE DISTRICT COURT
EMILE NASSAR, ROBERT CUMMINGS OF HARRIS COUNTY,
AND THE BOARD OF TRUSTEES OF
THE PINES CONDOMINIUM
ASSOCIATION, INC. 157TH JUDICIAL DISTRICT
PLAINTIFF, KELLY COLEMAN ORIGINAL ANSWER AND AFFIRMATIVE
DEFENSES TO ACTION PREMIER HAULING, INC.’S
PETITION IN INTERVENTION
KELLY COLEMAN Plaintiff herein, files this Original Answer and in support thereof
would show the Court the following:
DEFENDANT
Plaintiff, KELLY COLEMAN hereby file her Original Answer with Affirmative
Defenses’ to Action Premier Hauling, Inc. petition in intervention.
GENERAL DENIAL
Plaintiff denies each and every allegation in Interveners Original Petition.
AFFIRMATIVE DEFENSES
Plaintiff is not liable as alleged by Intervener because of justifica on, See: The
Prudential, 29 S.W.3d at 78. The justification defense can be based on the exercise of either 1)
one's own legal rights or 2) a good faith claim to a colorable legal right, even though that claim
ultimately proves to be mistaken. Id. at 80 (citing Texas Beef Cattle Co. v. Green, 921 S.W.2d
203, 211 (Tex. 1996)).
5. The existing contract that Action Premier Hauling, Inc. alleges, is invalid and it
lacks approval by The Pines Condominium Association, Inc.. In addition, the fee charged
is a violation of Texas Deceptive Trade Practice Act under the Texas Business and
Commerce Code.
6. Plaintiff reserves the right to amend and include additional affirmative defenses or
to file a Cross/Counter Petition against Intervener.
ATTORNEY’S FEES
7. Plaintiff hereby requests judgment against Intervener for reasonable and necessary
attorney’s fees under the provisions of Chapter 10.004 of the Texas Civil Practice and Remedies
Code allows Plaintiff the amount of the reasonable expenses incurred by Plaintiff because of the
filing of claim for Tortious Interference with Existing Contract.
REQUEST FOR DISCLOSURE
8. As provided in Rule 194, Texas Rules of Civil Procedure, Plaintiff requests
disclosure of all items listed in Rule 194.2, Texas Rules of Civil Procedure within 30 days of the
service of this request.
PRAYER: Plaintiff, prays the Court enter judgment in favor of Plaintiff on all matters
stated above, including an award to Plaintiff for costs of court and reasonable attorney’s fees, and
awarding Plaintiff such other and further relief to which the Court determines Plaintiff entitled
both in equity and at law.
Respectfully submitted,
Law Office of Robert C. E. Wolfe, P.C.
7001 Corporate Dr., Suite 216
Houston, TX 77036
/s Robert Wolfe
_______________________________________
Robert Wolfe
Attorney for: Plaintiff, Kelly Coleman
SBOT 21859600
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 October 11,
2017, 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.
/s Robert Wolfe
_________________________________
Robert Wolfe
Document Filed Date
October 11, 2017
Case Filing Date
October 05, 2017
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CAUSE NO. 2017 KELLY COLEMAN IN THE DISTRICT COURT EMILE NASSAR, ROBERT CUMMINGS OF HARRIS COUNTY, AND THE BOARD OF TRUSTEES OF THE PINES CONDOMINIUM ASSOCIATION, INC. 157TH JUDICIAL DISTRICT PLAINTIFF, KELLY COLEMAN ORIGINAL ANSWER AND AFFIRMATIVE DEFENSES TO ACTION PREMIER HAULING, INC.’S PETITION IN INTERVENTION KELLY COLEMAN Plaintiff herein, files this Original Answer and in support thereof would show the Court the following: DEFENDANT Plaintiff, KELLY COLEMAN hereby file her Original Answer with Affirmative Defenses’ to Action Premier Hauling, Inc. petition in intervention. GENERAL DENIAL Plaintiff denies each and every allegation in Interveners Original Petition. AFFIRMATIVE DEFENSES Plaintiff is not liable as alleged by Intervener because of justifica on, See: The Prudential, 29 S.W.3d at 78. The justification defense can be based on the exercise of either 1) one's own legal rights or 2) a good faith claim to a colorable legal right, even though that claim ultimately proves to be mistaken. Id. at 80 (citing Texas Beef Cattle Co. v. Green, 921 S.W.2d 203, 211 (Tex. 1996)). 5. The existing contract that Action Premier Hauling, Inc. alleges, is invalid and it lacks approval by The Pines Condominium Association, Inc.. In addition, the fee charged is a violation of Texas Deceptive Trade Practice Act under the Texas Business and Commerce Code. 6. Plaintiff reserves the right to amend and include additional affirmative defenses or to file a Cross/Counter Petition against Intervener. ATTORNEY’S FEES 7. Plaintiff hereby requests judgment against Intervener for reasonable and necessary attorney’s fees under the provisions of Chapter 10.004 of the Texas Civil Practice and Remedies Code allows Plaintiff the amount of the reasonable expenses incurred by Plaintiff because of the filing of claim for Tortious Interference with Existing Contract. REQUEST FOR DISCLOSURE 8. As provided in Rule 194, Texas Rules of Civil Procedure, Plaintiff requests disclosure of all items listed in Rule 194.2, Texas Rules of Civil Procedure within 30 days of the service of this request. PRAYER: Plaintiff, prays the Court enter judgment in favor of Plaintiff on all matters stated above, including an award to Plaintiff for costs of court and reasonable attorney’s fees, and awarding Plaintiff such other and further relief to which the Court determines Plaintiff entitled both in equity and at law. Respectfully submitted, Law Office of Robert C. E. Wolfe, P.C. 7001 Corporate Dr., Suite 216 Houston, TX 77036 /s Robert Wolfe _______________________________________ Robert Wolfe Attorney for: Plaintiff, Kelly Coleman SBOT 21859600 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 October 11, 2017, 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. /s Robert Wolfe _________________________________ Robert Wolfe