Home/Court of Appeals of Texas/Anthony Moore and Joann Moore v. David Subia

Anthony Moore and Joann Moore v. David Subia

Court of Appeals of Texas·Decided December 5, 2017·No. 04-16-00786-CV·Published

Opinion

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5 December2017

X 201] DEC-5 AM 9:21 Court of Appeals Fourth Court of Appeals District ^ ^ /// ' Cadena-Reeves Justice Center y'V V/\ C r^'tCk 300 Dolorosa, Suite 3200 '. ^M ' ATTN: Court Clerk ^ •'' •' " San Antonio, TX 78205-3037

RE: Appellant BRIEF Appendix Updates for Court of Appeals Number 04-16-00786-CV

Sir/Mam,

1. The enclosed information updates three areas regarding this case. Appellants have incurred additional out of pocket expenses and hours dedicated to defense of this case in the last four (4) months of AUG/SEP/OCT/NOV that are not reflected in Appellant's Affidavit of Case Preparation Administrative Hours as of 1 AUGUST 2017. and Affidavit of Case Expenses as of 1 AUGUST 2017 resulting from an unexpected additional three and a half (3 Vi) months of extended litigation. These affidavits were filed with the Court as a BRIEF Appendix as well as part of Appellant's 18 AUG 2017 letter very respectfully submitting them as solemn affirmation statements declaring personal knowledge as described therein. Appellant will gladly declare same under oath for each as a sworn affidavit if directed by this Court.

2. Out of pocket expenses now exceed . Over hours have been invested in defense of this improperly instituted cause of action for which Appellants requested in their BRIEF Prayer for Relief a minimum remuneration "in equity" of S10.00 per hour totaling which this Court may deem to be much too low as appropriate compensation. Appellee counsels are entirely and solely responsible for the Appellant's avoidable continued needless and wasteful out of pocket expenses and hours dedicated to defending this case.

3. No objection has been raised bv Appellee in over three and a half (3 V2) months to these requested awards. All "findings" by the Jury and Judge of the Trial Court have been challenged by Appellants as being invalid. Appellants expect to prevail in this case. As of Appellee's filed BRIEF on 6 NOV 2017 in response to Appellant's BRIEF, two challeneed issues of award of attorney's fees and unpaid rent arrearage allegation have been withdrawn bv the AppeUee leaving only the issue of proper notice in question that can be verified and decided in merely five (5) minutes as articulated in Appellant's REPLY BRIEF.

4. Appellants cannot be "repaid" for countless needlessly wasted hours of "lost time " of their "lives"—over seven and one half (7 (4) months of40-hour work weeks—and out of pocket expenses in defending their legal rights that would not have been wasted if Appellee counsels had not unethically pursued retaining unlawful attomev's fees of $5,000.00 and alleged unpaid rent—that have now 18 months later been withdrawn by Appellee counsel. 5. Appellee trial court counsel Kenneth E. Grubbs was content with unlawfully requesting and unethically imposing $5.000.00 in attornev^s fees debt against the Appellants that he was not entitled to receive—until the 6 NOV 2017 Appellee BRIEF therein voluntarily withdrawing the claims in response to Appellant's BRIEF. Appellee Appeal counsel Christopher Deeves could have easily made this same ethical decision of acknowledging withdrawal of entitlement in JAN 2017 when hired by Appellee, and review of this case, but did not. He is therefore complicit by agreement by also allowing the unlawful awards to continue to stand since his review of this case as of JAN 2017. Appellee counsels are entirely and solely responsible for the Appellant's continued needless and wasteful out of pocket expenses. Much damage has been done to the Appellants that cannot be "undone" by simple withdrawal.

6. It can sometimes be very difficult to collect a money judgment in Texas. Appellants requested remuneration and compensation as stated in their BRIEF Prayer for Relief to satisfy any judgment, of which nothing has been objected to by Appellee in over three (3'/i) months. In this case. Appellee David Subia is virtually judgment proof per his counsel's declaration within his BRIEF of Appellee's financial status. This provides little assurance that any voluntary payment of any judgment by Appellee will be made. Appellants provide this Court the enclosed Case Activity Inquiry sheet from the Bexar County Registry as of 1 DEC 2017 that reflects a total of $3.800.00 in funds deposited into the "fund" regarding this case.

7. Two amounts of $200.00 each within this total are Justice and County Court Appeal deposits. This $400.00 actually belongs to the Appellants as it is not rental funds paid to the Appellee, and should appropriately be returned to the Appellants regardless of the outcome of this Appeal. Appellants feel the remaining balance of $3.400.00 as of 1 DEC 2017 should be released and applied to satisfy any monetary judgment as addressed in their BRIEF Prayer for Relief. There are also two money orders for $200.00 each in the Court Evidence Folder that could be released to the Appellants as well to satisfy a portion of any monetary judgment against Appellee.

Respectfully submitted.

Appellant<^ro Se P. O. Box 340096 San Antonio, TX 78234 210-848-6250

Ends 1. Amendment of Affidavit of Case Preparation Hours. 2. Amendment of Affidavit of Case Expenses with copies of receipts. 3. Case Activity Inquiry information from Bexar County Court Registry. AMENDMENT AS OF 5 DEC 2017 DUE TO EXTENDED LITIGATION TO; The below Rule 301 JUDGMENTS text and notice provided to Appellee within the Appellant's BRIEF on page 48 above the same quoted text as above. This claim for remuneration is reflected in Appellant's BRIEF Prayer for Relief. No objection has been raised by Appellee in over three and a half (3 ¥2) months. All "findings" by the Jury and Judge of the Trial Court have been challenged by Appellants as being invalid. As of Appellee's filed BRIEF on 6 NOV 2017 in response to Appellant's BRIEF, two challeneed issues of award of attorney's fees and unpaid rent arrearage allegation have been withdrawn b\ the Appellee leaving only the issue of proper notice in question. Appellants expect to prevail in this case.

AFFIDAVIT of CASE PREPARATION ADMINISTRATIVE HOURS AS OF 1 AUGUST 2017 AND "WAGES IN EQUITY" EXPLANATION The Pro Se Appellants respectfully submit to this Court the following claim for remuneration that they feel they are absolutely entitled to as "pecuniary damages" incurred in defending this cause. The Pro Se Appellants' research determined "pecuniary damages" to be those that can be estimated and monetarily compensated. For example, actual lost hours of the Pro Se Appellant's life—approximately 31 weekslover seven and one half (7 V2) months of40-hour work weeks— dedicated to defense of this improperly instituted lawsuit litigation that they have termed "wages in equity." The Texas Rules of Civil Procedure Rule 301 JUDGMENTS is clear regarding the award of "equity." The following text is quoted. "The judgment of the court shall conform to the pleadings, the nature of the case proved and the verdict, if any, and shall be so framed as to give the oartv all the relief to which he mav be entitled either in law or CQUitv. Provided, that upon motion and reasonable notice the court mav render judgment non obstante veredicto if a directed verdict would have been proper, and provided further that the court may, upon like motion and notice, disresard any iurv finding on a question that has no support in the evidence." INO mandatory or timely received notices by §24.005, §91.001, Rule 21a(a)(b)(l), Rule 501.4(a)(2), and NO compliance with Rule 510.11 or §24.006 for award of attorney's fees. The Pro Se Appellants had also filed a Motion for JNOV, but the Judge would not hear of it.]

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Anthony Moore and Joann Moore v. David Subia, (Tex. Ct. App. 2017).

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