Preview
Filed
10 March 3 P4:57
Amalia Rodriguez Mendoza
D-1-GN-10-000674 nct Glert
E NO. Travis District
CAUSE NO. ~~ D-1-GN-10-000674
GARY J. COHEN, Attorney, § IN THE DISTRICT COURT OF
Plaintiff, §
§
ve § TRAVIS COUNTY, TEXAS
§
MORGAN STANLEY, §
Garnishee. § 126th JUDICIAL DISTRICT
PLAINTIFF’S APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW Plaintif, Gary Cohen, pursuant to §§63.001 et. al. of the Texas Civil
Practice and Remedies Code, and files this Application for Writ of Garnishment after Judgment
against Morgan Stanley, Garnishee, and for same would show unto the Court the following:
I
PARTIES
1. Plaintiff, Gary J. Cohen, is an individual residing in Austin, Travis County, Texas.
2. Garnishee, Morgan Stanley, is a banking institution. Service of the Writ of
Garnishment may be had on the Garnishee by serving its registered agent, CT Corporation
System, 350 N. Paul Street, Dallas, Texas 75201.
I.
GROUNDS FOR GARNISHMENT
3. On February 14, 2008, Plaintiff recovered a judgment against William Craig
Riley #341565 in the 126" Judicial District Court, Cause No. D-1-GN-07-004154, in the sum of
$8,600.00, with post judgment interest at the maximum rate allowed by law, and all costs being
taxed against William Craig Riley. This judgment is final, valid, and remains entirely
unsatisfied. A true and correct copy of the judgment is attached as Exhibit “B.”
G:A068\21861\Application for Writ of Garnishment.doc 14. Debtor, William Craig Riley #341565, is currently an inmate at C.T. Terrell Unit,
TDCJ-CID, 1300 F.M. 655, Rosharon, Texas 77583.
5. Within the Plaintiff's knowledge, the Debtor, William Craig Riley, does not
possess property within this state, subject to execution, sufficient to satisfy the above-described
judgment.
6. Plaintiff has reason to believe, and does believe, that the Garnishee is indebted to,
or has in its hand, property belonging to Debtor, William Craig Riley. The basis for this belief
are the brokerage statements provided to Garnishor by Debtor, William Craig Riley. Copies of
the brokerage statements are attached as Exhibit “C.”
7. This application is supported by the Affidavit of Plaintiff's Attorney Salvador
Davila. A true and correct copy of Salvador Davila’s affidavit is attached as Exhibit “A.”
WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that a Writ of Garnishment
afier Judgment issue against the Garnishee, Morgan Stanley, as provided by law, together with
all costs of court, and such other relief to which Plaintiff may be justly entitled.
G:\068\21861\Application for Writ of Garnishment.doc 2G:\068\21861\Application for Writ of Garnishment.doc
Respectfully submitted,
BURNS ANDERSON JURY & BRENNER, L.L.P.
P.O. Box 26300
Austin, TX 78755-6300
(512) 338-5322
(512) 338-5363 (Telecopier)
aa
David Brenner
State Bar No. 02958020
dbrenner@bajb.com
Salvador Davila
State Bar No. 24065119
sdavila@bajb.com
Attorneys for Plaintiff Gary CohenSTATE OF TEXAS
COUNTY OF TRAVIS
AFFIDAVIT OF SALVADOR DAVILA
Before me the undersigned authority, on this day personally appeared, Salvador Davila,
known to me to be the person whose name is subscribed to the foregoing document, and who
after being duly sworn on his oath says and deposes as follows:
“My name is Salvador Davila. J reside in Austin, Texas. I am over 21 years of age, of
sound mind, and all respect qualified to make this affidavit and I have personal knowledge of the
facts set forth in the foregoing Application for Writ of Garnishment and this affidavit.
Iam the attorney for Plaintiff Gary J. Cohen in the above-entitled and numbered cause. I
have read the foregoing Application for Writ of Garnishment after Judgment, and every
statement contained in that document is within my personal knowledge and is true and correct.”
BC ES
Salvador Davila
SWORN TO and SUBSCRIBED before me the undersigned authority on this AS day
of = 2010.
February
NOTARY PUBLIC
INE LACAYO
Nowa tie State of Texas. In and for the State of Texas
My Commission Expires
May 12, 2013
EXHIBIT
G:N068\21861\Application for Writ of Gamishment.doc 4 i _ADC Civil BK08052 PG71
CAUSE NO. D-1-GN-07-004154
WILLIAM CRAIG RILEY § IN THE DISTRICT COURT OF
Plaintiff §
§
v. §
§
GARY J. COHEN, Attorney §
Defendant §
JUDGMENT
On this day, the Court considered Defendant’s Motion for Sanctions brought under Rule
13 of the Texas Rules of Civil Procedure and Chapter 9 of the Texas Civil Practice and
Remedies Code,
After considering the pleading, evidence and authority the courts find that the Motion is
meritorious and should be granted,
It was previously ORDERED that all of William Craig Riley’s claims against Gary J.
Cohen be and are hereby dismissed without prejudice.
The Court further finds that Plaintiff's claims against Gary J Cohen were groundless and
brought for the purpose of harassment.
It is therefore ORDERED, ADJUDGED and DECREED that Gary J Cohen recover of
and from William Craig Riley judgment for attorney fees and expenses incurred in defending this
claim in the amount of $8,600.00, with post judgment interest at the maximum rate allowed by
law, It is further ORDERED, ADJUDGED AND DECREED that the clerk may issue all writs
and decrees necessary for the enforcement of this judgment.
All costs are hereby taxed against William Craig Riley.
This is a final and appealable order disposing of all parties and claims.
RO
HA A
Signed this [“~|_ day of February 2008 ag GF 20 am.
my
Judge presiding
EXHIBIT
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Preview
Filed 10 March 3 P4:57 Amalia Rodriguez Mendoza D-1-GN-10-000674 nct Glert E NO. Travis District CAUSE NO. ~~ D-1-GN-10-000674 GARY J. COHEN, Attorney, § IN THE DISTRICT COURT OF Plaintiff, § § ve § TRAVIS COUNTY, TEXAS § MORGAN STANLEY, § Garnishee. § 126th JUDICIAL DISTRICT PLAINTIFF’S APPLICATION FOR WRIT OF GARNISHMENT AFTER JUDGMENT TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW Plaintif, Gary Cohen, pursuant to §§63.001 et. al. of the Texas Civil Practice and Remedies Code, and files this Application for Writ of Garnishment after Judgment against Morgan Stanley, Garnishee, and for same would show unto the Court the following: I PARTIES 1. Plaintiff, Gary J. Cohen, is an individual residing in Austin, Travis County, Texas. 2. Garnishee, Morgan Stanley, is a banking institution. Service of the Writ of Garnishment may be had on the Garnishee by serving its registered agent, CT Corporation System, 350 N. Paul Street, Dallas, Texas 75201. I. GROUNDS FOR GARNISHMENT 3. On February 14, 2008, Plaintiff recovered a judgment against William Craig Riley #341565 in the 126" Judicial District Court, Cause No. D-1-GN-07-004154, in the sum of $8,600.00, with post judgment interest at the maximum rate allowed by law, and all costs being taxed against William Craig Riley. This judgment is final, valid, and remains entirely unsatisfied. A true and correct copy of the judgment is attached as Exhibit “B.” G:A068\21861\Application for Writ of Garnishment.doc 14. Debtor, William Craig Riley #341565, is currently an inmate at C.T. Terrell Unit, TDCJ-CID, 1300 F.M. 655, Rosharon, Texas 77583. 5. Within the Plaintiff's knowledge, the Debtor, William Craig Riley, does not possess property within this state, subject to execution, sufficient to satisfy the above-described judgment. 6. Plaintiff has reason to believe, and does believe, that the Garnishee is indebted to, or has in its hand, property belonging to Debtor, William Craig Riley. The basis for this belief are the brokerage statements provided to Garnishor by Debtor, William Craig Riley. Copies of the brokerage statements are attached as Exhibit “C.” 7. This application is supported by the Affidavit of Plaintiff's Attorney Salvador Davila. A true and correct copy of Salvador Davila’s affidavit is attached as Exhibit “A.” WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that a Writ of Garnishment afier Judgment issue against the Garnishee, Morgan Stanley, as provided by law, together with all costs of court, and such other relief to which Plaintiff may be justly entitled. G:\068\21861\Application for Writ of Garnishment.doc 2G:\068\21861\Application for Writ of Garnishment.doc Respectfully submitted, BURNS ANDERSON JURY & BRENNER, L.L.P. P.O. Box 26300 Austin, TX 78755-6300 (512) 338-5322 (512) 338-5363 (Telecopier) aa David Brenner State Bar No. 02958020 dbrenner@bajb.com Salvador Davila State Bar No. 24065119 sdavila@bajb.com Attorneys for Plaintiff Gary CohenSTATE OF TEXAS COUNTY OF TRAVIS AFFIDAVIT OF SALVADOR DAVILA Before me the undersigned authority, on this day personally appeared, Salvador Davila, known to me to be the person whose name is subscribed to the foregoing document, and who after being duly sworn on his oath says and deposes as follows: “My name is Salvador Davila. J reside in Austin, Texas. I am over 21 years of age, of sound mind, and all respect qualified to make this affidavit and I have personal knowledge of the facts set forth in the foregoing Application for Writ of Garnishment and this affidavit. Iam the attorney for Plaintiff Gary J. Cohen in the above-entitled and numbered cause. I have read the foregoing Application for Writ of Garnishment after Judgment, and every statement contained in that document is within my personal knowledge and is true and correct.” BC ES Salvador Davila SWORN TO and SUBSCRIBED before me the undersigned authority on this AS day of = 2010. February NOTARY PUBLIC INE LACAYO Nowa tie State of Texas. In and for the State of Texas My Commission Expires May 12, 2013 EXHIBIT G:N068\21861\Application for Writ of Gamishment.doc 4 i _ADC Civil BK08052 PG71 CAUSE NO. D-1-GN-07-004154 WILLIAM CRAIG RILEY § IN THE DISTRICT COURT OF Plaintiff § § v. § § GARY J. COHEN, Attorney § Defendant § JUDGMENT On this day, the Court considered Defendant’s Motion for Sanctions brought under Rule 13 of the Texas Rules of Civil Procedure and Chapter 9 of the Texas Civil Practice and Remedies Code, After considering the pleading, evidence and authority the courts find that the Motion is meritorious and should be granted, It was previously ORDERED that all of William Craig Riley’s claims against Gary J. Cohen be and are hereby dismissed without prejudice. The Court further finds that Plaintiff's claims against Gary J Cohen were groundless and brought for the purpose of harassment. It is therefore ORDERED, ADJUDGED and DECREED that Gary J Cohen recover of and from William Craig Riley judgment for attorney fees and expenses incurred in defending this claim in the amount of $8,600.00, with post judgment interest at the maximum rate allowed by law, It is further ORDERED, ADJUDGED AND DECREED that the clerk may issue all writs and decrees necessary for the enforcement of this judgment. All costs are hereby taxed against William Craig Riley. This is a final and appealable order disposing of all parties and claims. 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