Preview
3/28/2022 3:16 PM
Marilyn Burgess -District Clerk Harris County
Envelope No. 63020818
2022-18629 / Court: 152 By: Patricia Jones
Filed: 3/28/2022 3:16 PM
CAUSE NO.
CASSANDRA WHITE, IN THE DISTRICT COURT OF
PLAINTIFF,
v HARRIS COUNTY, TEXAS
MICHAEL JAMES HENDERSON,
DEFENDANT. JUDICIAL DISTRICT
PLAINTIFF’S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF THE COURT:
COMES NOW, Plaintiff CASSANDRA WHITE (“Plaintiff”) complaining of Defendant
MICHAEL JAMES HENDERSON (“Defendant”) and for cause of action would respectfully show
unto the Court the following:
I PARTIES
1 Plaintiff, CASSANDRA WHITE, is an individual residing in Harris County, Texas.
2. Defendant, MICHAEL JAMES HENDERSON, is an individual residing in Harris County,
Texas who may be served with process at 7711 Bankside Dr, Houston, Texas 77071 or wherever
he may be found.
2
3 In the event any parties are misnamed or are not included herein, Plaintiff contends that
such was a “misidentification, > «, misnomer,” and/or that such parties are/were “alter egos” of the
parties named herein.
IL. JURISDICTION
4. The Court has jurisdiction over the lawsuit because the amount in controversy exceeds this
court’s minimum jurisdictional requirements.
5. Plaintiff seeks monetary relief Defendant of $250,000 or less and nonmonetary relief. TEX.
R. Civ. P.R. 47(C)(2).
Til. VENUE
6. Venue is mandatory in Harris County under Texas Civil Practice and Remedies Code §
15.011 because the real property at issue is located in Harris County.
IV. DISCOVERY CONTROL PLAN
7. Plaintiff intends to conduct discovery under Discovery Plan III
Vv. REQUIRED DISCLOSURES
8. Under Texas Rule of Civil Procedure 194, Defendant is required to disclose the information
or material described in Rule 194.2(a)-(1) within 30 days of the filing of their answer.
VI. FACTUAL BACKGROUND
9. Plaintiff and Defendant are siblings whose mother’s name was Joyce Busby Jacob
(“Decedent”).
10. During her lifetime, Decedent owned the real property at 805 Bank Dr, Galena Park, Harris
County, Texas 77547, more fully described as The North 12.42 feet of Lot 32, and the South 50.84
feet of Lot 31, Block 15, REPLAT OF GALENA MANOR, an addition in Harris County, Texas,
according to the map or plat thereof recorded in Volume 36, Page 55 of the Map Records of Harris
County, Texas (the “Property”).
11. Decedent also prepared a last will and testament during her lifetime that provided that the
Property would be given to both Plaintiff and Defendant in equal shares.
12. Decedent passed away on May 19, 2015 and Decedent’s last will and testament was
admitted to probate on May 28, 2019 in Case Number 475526 of Probate Court Number Three of
Harris County, Texas.
13. On February 3, 2021, Defendant, as executor of Decedent’s estate, transferred the Property
to himself and Plaintiff, vesting ownership equally in Plaintiff and Defendant.
14. Since the time Decedent’s will was admitted to probate, Defendant has failed to maintain
the Property, failed to pay taxes on the Property, and has refused to sell the Property.
15. The Property now has delinquent taxes due to Defendant’s inaction.
16. A partition is necessary and a forced sale is required to save the equity in the Property for
both Plaintiff and Defendant.
VIL. COUNT I: PARTITION AND DISTRIBUTION
17. Plaintiff incorporates all of the previous paragraphs by reference.
18. A joint owner or claimant or real property or an interest in real property or a joint owner
of personal property may compel a partition of the interest or the property among the joint owners
or claimants under Texas Property Code § 23.001 and the Texas Rules of Civil Procedure.
19. Plaintiff and Defendant are the current owners
20. Based on the foregoing, Plaintiff seeks a partition by sale of the Property for Plaintiff's
ownership interest in the Property and any other unliquidated damages Plaintiff may be entitled to
within the jurisdiction limits of this Court.
VII. CONDITIONS PRECEDENT
21. All conditions precedent to Plaintiffs claims for relief have been performed or have
occurred.
IX. DEMAND FOR JURY TRIAL
22. Plaintiff demands a trial by jury in this case per Texas Rule of Civil Procedure 216 and
tenders the appropriate fee with this original petition.
X. PRAYER
23. For these reasons, Plaintiff asks to be awarded a judgment against Defendant for the
following.
Prejudgment and postjudgment interest:
Court costs
Actual damages
Attorney’s fees:
Expert costs:
Distribution of the subject real property by separate metes and bounds tracts.
All other relief to which Plaintiff is entitled.
Respectfully submitted.
NICHOLAS T MARTINEZ, PLLC
/s/ Nicholas Martinez
Nicholas T. Martinez
TBN: 24087986
1717 Turning Basin Dr, Suite 375
Houston, Texas 77008
Telephone: (713) 862-0800
Facsimile: (713) 862-4003
Email HUERAL CONT
ATTORNEYS FOR PLAINTIFF
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Pamela Dabney on behalf of Nicholas Martinez
Bar No. 24087986
pdabney@twmlawfirm.com
Envelope ID: 63020818
Status as of 3/28/2022 3:32 PM CST
Case Contacts
Name BarNumber | Email TimestampSubmitted | Status
Service Emails service@twmlawfirm.com | 3/28/2022 3:16:19 PM | SENT
Nicholas TMartinez nmartinez@ntmlegal.com | 3/28/2022 3:16:19 PM | SENT
Preview
3/28/2022 3:16 PM Marilyn Burgess -District Clerk Harris County Envelope No. 63020818 2022-18629 / Court: 152 By: Patricia Jones Filed: 3/28/2022 3:16 PM CAUSE NO. CASSANDRA WHITE, IN THE DISTRICT COURT OF PLAINTIFF, v HARRIS COUNTY, TEXAS MICHAEL JAMES HENDERSON, DEFENDANT. JUDICIAL DISTRICT PLAINTIFF’S ORIGINAL PETITION TO THE HONORABLE JUDGE OF THE COURT: COMES NOW, Plaintiff CASSANDRA WHITE (“Plaintiff”) complaining of Defendant MICHAEL JAMES HENDERSON (“Defendant”) and for cause of action would respectfully show unto the Court the following: I PARTIES 1 Plaintiff, CASSANDRA WHITE, is an individual residing in Harris County, Texas. 2. Defendant, MICHAEL JAMES HENDERSON, is an individual residing in Harris County, Texas who may be served with process at 7711 Bankside Dr, Houston, Texas 77071 or wherever he may be found. 2 3 In the event any parties are misnamed or are not included herein, Plaintiff contends that such was a “misidentification, > «, misnomer,” and/or that such parties are/were “alter egos” of the parties named herein. IL. JURISDICTION 4. The Court has jurisdiction over the lawsuit because the amount in controversy exceeds this court’s minimum jurisdictional requirements. 5. Plaintiff seeks monetary relief Defendant of $250,000 or less and nonmonetary relief. TEX. R. Civ. P.R. 47(C)(2). Til. VENUE 6. Venue is mandatory in Harris County under Texas Civil Practice and Remedies Code § 15.011 because the real property at issue is located in Harris County. IV. DISCOVERY CONTROL PLAN 7. Plaintiff intends to conduct discovery under Discovery Plan III Vv. REQUIRED DISCLOSURES 8. Under Texas Rule of Civil Procedure 194, Defendant is required to disclose the information or material described in Rule 194.2(a)-(1) within 30 days of the filing of their answer. VI. FACTUAL BACKGROUND 9. Plaintiff and Defendant are siblings whose mother’s name was Joyce Busby Jacob (“Decedent”). 10. During her lifetime, Decedent owned the real property at 805 Bank Dr, Galena Park, Harris County, Texas 77547, more fully described as The North 12.42 feet of Lot 32, and the South 50.84 feet of Lot 31, Block 15, REPLAT OF GALENA MANOR, an addition in Harris County, Texas, according to the map or plat thereof recorded in Volume 36, Page 55 of the Map Records of Harris County, Texas (the “Property”). 11. Decedent also prepared a last will and testament during her lifetime that provided that the Property would be given to both Plaintiff and Defendant in equal shares. 12. Decedent passed away on May 19, 2015 and Decedent’s last will and testament was admitted to probate on May 28, 2019 in Case Number 475526 of Probate Court Number Three of Harris County, Texas. 13. On February 3, 2021, Defendant, as executor of Decedent’s estate, transferred the Property to himself and Plaintiff, vesting ownership equally in Plaintiff and Defendant. 14. Since the time Decedent’s will was admitted to probate, Defendant has failed to maintain the Property, failed to pay taxes on the Property, and has refused to sell the Property. 15. The Property now has delinquent taxes due to Defendant’s inaction. 16. A partition is necessary and a forced sale is required to save the equity in the Property for both Plaintiff and Defendant. VIL. COUNT I: PARTITION AND DISTRIBUTION 17. Plaintiff incorporates all of the previous paragraphs by reference. 18. A joint owner or claimant or real property or an interest in real property or a joint owner of personal property may compel a partition of the interest or the property among the joint owners or claimants under Texas Property Code § 23.001 and the Texas Rules of Civil Procedure. 19. Plaintiff and Defendant are the current owners 20. Based on the foregoing, Plaintiff seeks a partition by sale of the Property for Plaintiff's ownership interest in the Property and any other unliquidated damages Plaintiff may be entitled to within the jurisdiction limits of this Court. VII. CONDITIONS PRECEDENT 21. All conditions precedent to Plaintiffs claims for relief have been performed or have occurred. IX. DEMAND FOR JURY TRIAL 22. Plaintiff demands a trial by jury in this case per Texas Rule of Civil Procedure 216 and tenders the appropriate fee with this original petition. X. PRAYER 23. For these reasons, Plaintiff asks to be awarded a judgment against Defendant for the following. Prejudgment and postjudgment interest: Court costs Actual damages Attorney’s fees: Expert costs: Distribution of the subject real property by separate metes and bounds tracts. All other relief to which Plaintiff is entitled. Respectfully submitted. NICHOLAS T MARTINEZ, PLLC /s/ Nicholas Martinez Nicholas T. Martinez TBN: 24087986 1717 Turning Basin Dr, Suite 375 Houston, Texas 77008 Telephone: (713) 862-0800 Facsimile: (713) 862-4003 Email HUERAL CONT ATTORNEYS FOR PLAINTIFF Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Pamela Dabney on behalf of Nicholas Martinez Bar No. 24087986 pdabney@twmlawfirm.com Envelope ID: 63020818 Status as of 3/28/2022 3:32 PM CST Case Contacts Name BarNumber | Email TimestampSubmitted | Status Service Emails service@twmlawfirm.com | 3/28/2022 3:16:19 PM | SENT Nicholas TMartinez nmartinez@ntmlegal.com | 3/28/2022 3:16:19 PM | SENT