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Cause No, 16-DCV-238148
WESTHEIMER LAKES PROPERTY, IN THEDISTRICTCOURT OF
OWNERS ASSOCIATION,
Plaintiff,
VS. FORT BEND COUNTY, TEXAS
MANDI M. SCHEXNAYDER,
Defendant, 240TH JUDICIAL DISTRICT
AGREED FINAL JUDGMENT
On this date, the Court considered the disposition of this lawsuit. The plaintiff,
Westheimer Lakes Property Owners Association (Association), and the defendant, Mandi M.
Schexnayder, announced that they have reached an agreement and requested that the Court
enter this judgment.
The parties to this lawsuit stipulate that the defendant, Mandi M. Schexnayder, is the
owner of the property at LOT TWENTY-FOUR (24), BLOCK THREE (3), OF VILLAS AT
WESTHEIMER LAKES, SECTION ONE (1), A SUBDIVISION IN FORT BEND COUNTY, TEXAS
(Property). The street address of the Property is 10906 Tipton Oaks Drive, Richmond, TX 77406.
The plaintiff and the defendant have agreed to the following terms and conditions to resolve
this lawsuit. Therefore, the Court ORDERS that:
1 Defendant, Mandi M. Schexnayder, shall pay to Westheimer Lakes
Property Owners Association $6,093.95 for past due annual maintenance
assessments, interest and other charges on the assessment account of the
Property;
Defendant, Mandi M. Schexnayder, shall pay to Westheimer Lakes
Property Owners Association its reasonable attorney’s fees in the amount
of $1563.95;
Plaintiff, Westheimer Lakes Property Owners Association, have
FORECLOSURE of its lien created by the provisions of the restrictive
covenants (Restrictions) on the amounts awarded in numbers 1 and 2 above
{and on postjudgment attorney fees, if applicable) on the following
described property owned by the defendant
LOT TWENTY-FOUR (24), BLOCK THREE @), OF VILLAS AT
WESTHEIMER LAKES, SECTION ONE (1), A SUBDIVISION IN FORT
BEND COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT
THEREOF RECORDED UNDER PLAT NO(S), 20040190, OF THE PLAT
RECORDS OF FORT BEND COUNTY, TEXAS more commonly known as
10906 Tipton Oaks Drive, Riclumond, TX 77406 (Property);
An Order of Sale shall issue to any sheriff or any constable within the State of
Texas, directing the sheriff or constable to seize and sell the Property the
same as under execution, in satisfaction of this Agreed Final Judgment subject
to any superior liens provided for in the Restrictions or at law, if any; and, if
the property cannot be found, or if the proceeds of such sale be insufficient
to satisfy the judgment, then to take the money or any balance thereof
remaining unpaid, out of any other property of the defendant, as in the case
of ordinary executions. If any surplus remains after the payment of the
sums adjudged to be due, it shall be paid to defendant, Mandi M.
Schexnayder;
In the event it becomes necessary for the plaintiff to obtain a writ of
execution and/or an order of sale and have the Property posted for a
constable’s sale or sheriff's sale in order to collect the amounts awarded in
this Agreed Final Judgment, Mandi M. Schexnayder shall pay to
Westheimer Lakes Property Owners Association additional attomey
reasonable fees and costs in the amount of $2,000.00;
Defendant, Mandi M. Schexnayder, shall pay to the plaintiff, Westheimer
Lakes Property Owners Association, additional attorney's fees in the
amount of $750.00 should the defendant file a Motion for New Trial that is
subsequently denied or overruled,
Defendant, Mandi M. Schexnayder, shall pay to the plaintiff, Westheimer
Lakes Property Owners Association, additional attorney’s fees in the
amount $5,500.00 should the fmal judgment in this case be unsuccessfully
appealed toa State of Texas Appeals Court;
Defendant, Mandi M. Schexnayder, shall pay to the plaintiff, Westheimer
Lakes Property Owners Association, additional attorney’s fees in the
amount of $5500.00 should the final judgment in this case be
unsuccessfully appealed to the Texas Supreme Court; and,
Defendant, Mandi M. Schexnayder, shall pay to the Westheimer Lakes
Property Owners Association costs of court in the amount of $430.10 and
postjudgment interest at the rate of ten percent (10%) per annum on the
total judgment, including attorney's fees awarded herein, from the date this
judgment is signed until fully paid.
The Court finds that this Agreed Final Judgment is binding on the defendant, Mandi M
Schexnayder, and the defendant’s agents, servants, tenants, employees and any other persons nn
active concert or participation with the defendant who receive actual or constructive notice of this
judgment.
It is further ORDERED that the plaintiff is further allowed all such writs and processes
as may be necessary to enforce and collect this judgment.
For all of which let execution issue.
This judgment finally disposes of all parties and claimsand is appealable.
SIGNED on this the dayof__ , 2017.
Chad | Dita
JUDGE PRESIDING
APPROVED AS TO FORM AND SUBSTANCE:
DldW
ROBERTS MARKEL WEINBERG BUTLER HAILEY PC
/s/Paul Gaines
Paul Gaines i M. Oy
TBN; 24097718 10906 Tipton
nt Drive
pgaines@rmwbhlaw.com Richmond, TX 77406
Clinton F. Brown Pro Se Defendant
TBN: 24063732
cbrown@rmw bhlaw.com
Melissa McLain
TBN: 24032731
mmclain@rmwbhlaw.com
Sandy Huynh
TBN: 24057454
huynh@rmwbhlaw.com
Noelle Hicks
TBN: 24068766
nhicks@rmwbhlaw.com
2800 Post Oak Boulevard, Suite 5777
Houston, Texas 77056
713) 780-4135
Attomeys for Plaintiff
PG/jm/jm
13541-40663
CERTIFICATE OF SERVICE
This is to certify that a true and correct photocopy of the attached foregoing document(s)
has been served upon all attorneys of record and/or pro se parties by depositing same with the
United States Postal Service by first class mail, correctly addressed and postage prepaid, or in
the manner indicated on this the 24th day of August 2017, to such attorneys and/or
parties;
Mandi M. Schexnayder
10906 Tipton Oaks Dr
Richmond, TX 77406
(CMRRR and regular first class mail)9414 7266 9904 2097 7733 67
/s/Paul Gaines
Paul Gaines
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Cause No, 16-DCV-238148 WESTHEIMER LAKES PROPERTY, IN THEDISTRICTCOURT OF OWNERS ASSOCIATION, Plaintiff, VS. FORT BEND COUNTY, TEXAS MANDI M. SCHEXNAYDER, Defendant, 240TH JUDICIAL DISTRICT AGREED FINAL JUDGMENT On this date, the Court considered the disposition of this lawsuit. The plaintiff, Westheimer Lakes Property Owners Association (Association), and the defendant, Mandi M. Schexnayder, announced that they have reached an agreement and requested that the Court enter this judgment. The parties to this lawsuit stipulate that the defendant, Mandi M. Schexnayder, is the owner of the property at LOT TWENTY-FOUR (24), BLOCK THREE (3), OF VILLAS AT WESTHEIMER LAKES, SECTION ONE (1), A SUBDIVISION IN FORT BEND COUNTY, TEXAS (Property). The street address of the Property is 10906 Tipton Oaks Drive, Richmond, TX 77406. The plaintiff and the defendant have agreed to the following terms and conditions to resolve this lawsuit. Therefore, the Court ORDERS that: 1 Defendant, Mandi M. Schexnayder, shall pay to Westheimer Lakes Property Owners Association $6,093.95 for past due annual maintenance assessments, interest and other charges on the assessment account of the Property; Defendant, Mandi M. Schexnayder, shall pay to Westheimer Lakes Property Owners Association its reasonable attorney’s fees in the amount of $1563.95; Plaintiff, Westheimer Lakes Property Owners Association, have FORECLOSURE of its lien created by the provisions of the restrictive covenants (Restrictions) on the amounts awarded in numbers 1 and 2 above {and on postjudgment attorney fees, if applicable) on the following described property owned by the defendant LOT TWENTY-FOUR (24), BLOCK THREE @), OF VILLAS AT WESTHEIMER LAKES, SECTION ONE (1), A SUBDIVISION IN FORT BEND COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED UNDER PLAT NO(S), 20040190, OF THE PLAT RECORDS OF FORT BEND COUNTY, TEXAS more commonly known as 10906 Tipton Oaks Drive, Riclumond, TX 77406 (Property); An Order of Sale shall issue to any sheriff or any constable within the State of Texas, directing the sheriff or constable to seize and sell the Property the same as under execution, in satisfaction of this Agreed Final Judgment subject to any superior liens provided for in the Restrictions or at law, if any; and, if the property cannot be found, or if the proceeds of such sale be insufficient to satisfy the judgment, then to take the money or any balance thereof remaining unpaid, out of any other property of the defendant, as in the case of ordinary executions. If any surplus remains after the payment of the sums adjudged to be due, it shall be paid to defendant, Mandi M. Schexnayder; In the event it becomes necessary for the plaintiff to obtain a writ of execution and/or an order of sale and have the Property posted for a constable’s sale or sheriff's sale in order to collect the amounts awarded in this Agreed Final Judgment, Mandi M. Schexnayder shall pay to Westheimer Lakes Property Owners Association additional attomey reasonable fees and costs in the amount of $2,000.00; Defendant, Mandi M. Schexnayder, shall pay to the plaintiff, Westheimer Lakes Property Owners Association, additional attorney's fees in the amount of $750.00 should the defendant file a Motion for New Trial that is subsequently denied or overruled, Defendant, Mandi M. Schexnayder, shall pay to the plaintiff, Westheimer Lakes Property Owners Association, additional attorney’s fees in the amount $5,500.00 should the fmal judgment in this case be unsuccessfully appealed toa State of Texas Appeals Court; Defendant, Mandi M. Schexnayder, shall pay to the plaintiff, Westheimer Lakes Property Owners Association, additional attorney’s fees in the amount of $5500.00 should the final judgment in this case be unsuccessfully appealed to the Texas Supreme Court; and, Defendant, Mandi M. Schexnayder, shall pay to the Westheimer Lakes Property Owners Association costs of court in the amount of $430.10 and postjudgment interest at the rate of ten percent (10%) per annum on the total judgment, including attorney's fees awarded herein, from the date this judgment is signed until fully paid. The Court finds that this Agreed Final Judgment is binding on the defendant, Mandi M Schexnayder, and the defendant’s agents, servants, tenants, employees and any other persons nn active concert or participation with the defendant who receive actual or constructive notice of this judgment. It is further ORDERED that the plaintiff is further allowed all such writs and processes as may be necessary to enforce and collect this judgment. For all of which let execution issue. This judgment finally disposes of all parties and claimsand is appealable. SIGNED on this the dayof__ , 2017. Chad | Dita JUDGE PRESIDING APPROVED AS TO FORM AND SUBSTANCE: DldW ROBERTS MARKEL WEINBERG BUTLER HAILEY PC /s/Paul Gaines Paul Gaines i M. Oy TBN; 24097718 10906 Tipton nt Drive pgaines@rmwbhlaw.com Richmond, TX 77406 Clinton F. Brown Pro Se Defendant TBN: 24063732 cbrown@rmw bhlaw.com Melissa McLain TBN: 24032731 mmclain@rmwbhlaw.com Sandy Huynh TBN: 24057454 huynh@rmwbhlaw.com Noelle Hicks TBN: 24068766 nhicks@rmwbhlaw.com 2800 Post Oak Boulevard, Suite 5777 Houston, Texas 77056 713) 780-4135 Attomeys for Plaintiff PG/jm/jm 13541-40663 CERTIFICATE OF SERVICE This is to certify that a true and correct photocopy of the attached foregoing document(s) has been served upon all attorneys of record and/or pro se parties by depositing same with the United States Postal Service by first class mail, correctly addressed and postage prepaid, or in the manner indicated on this the 24th day of August 2017, to such attorneys and/or parties; Mandi M. Schexnayder 10906 Tipton Oaks Dr Richmond, TX 77406 (CMRRR and regular first class mail)9414 7266 9904 2097 7733 67 /s/Paul Gaines Paul Gaines