B&P Development, LLC and Chad H. Foster Jr. v. Knighthawk, LLC, Series G

Court of Appeals of Texas

B&P Development, LLC and Chad H. Foster Jr. v. Knighthawk, LLC, Series G

DecidedSeptember 15, 2015

Docket04-15-00575-CV

StatusPublished

This text of B&P Development, LLC and Chad H. Foster Jr. v. Knighthawk, LLC, Series G (B&P Development, LLC and Chad H. Foster Jr. v. Knighthawk, LLC, Series G) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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B&P Development, LLC and Chad H. Foster Jr. v. Knighthawk, LLC, Series G, (Tex. Ct. App. 2015).

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Opinion

ACCEPTED 04-15-00575-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 9/15/2015 1:30:00 PM 04-15-00575-CV KEITH HOTTLE CLERK

No. 29842 FILED IN Knighthawk, LLC, Series G § In the District4thCourt COURTof OF APPEALS Plaintiff § SAN ANTONIO, TEXAS 09/15/2015 1:30:00 PM § KEITH E. HOTTLE § Clerk v. § Val Verde County, Texas § § B & P Development, LLC and § Chad H. Foster, Jr. § Defendants § 83rd Judicial District

Notice of Appeal

TO THE HONORABLE JUDGE OF SAID COURT:

Come Now, B & P Development, LLC and Chad H. Foster, Jr., who are

defendants in this case files this Notice of Appeal. In accordance with Rule 25, Tex.

R. App. P., Defendants shows as follows:

1. This Court signed a Judgment in this case on May 1, 2015. Post-judgment

motions, including a Motion for New Trial, were filed by the Defendants,

and the Court modified its judgment signed on May 1, 2015, and signed a

new judgment on June 25, 2015. A copy of the Amended Judgment is

attached as Exhibit A.

2. Defendants filed a Motion for New Trial on July 17, 2015.

3. Defendants filed a Motion for Judgment Notwithstanding the Verdict on

July 17, 2015.

Notice of Appeal – Page 1 4. Defendant desires to appeal this case to the 4th Court of Appeals at San

Antonio, Texas.

Respectfully submitted,

/s/ Greg White Greg White State Bar No. 21329050 P.O. Box 2186 Waco, Texas 76703 254.307.0097 (voice) 866.521.5569 (fax) greg.white@texapplaw.com

Attorneys for Defendants

Notice of Appeal – Page 2 Certificate of Service

I hereby certify that a true and correct copy of the foregoing was sent to the person(s) named below, by electronic filing and mailing the document by first class mail (and by other means stated below) on September 15, 2015.

Via e-mail: bspindler@langleybanack.com Bruce K. Spindler Langley & Banack, Inc. 401 Quarry Street Eagle Pass, Texas 78852-4520

Via e-mail: Dearl@earl-law.com David L. Earl Earl & Associates, PC 601 NW Loop 410, Suite 390 San Antonio, Texas 78216

Via e-mail: ggaines@patelgaines.com Grant M. Gaines Patel Gaines, LLP 14414 Blanco Road, Suite 320 San Antonio, Texas 78216 /s/ Greg White Greg White

Notice of Appeal – Page 3 Exhibit A

Notice of Appeal – Page 4 29842

KNIGHTHAWK,LLC,SERIES G, IN THE DISTRICT COURT OF PLAINTIFF

VS. 83RD JUDICIAL DISTRICT

B&P DEVELOPMENT,LLC AND CHAD H.FOSTER,JR., DEFENDANTS VAL VERDE COUNTY,TEXAS

FINAL JUDGMENT

On the 20th day of January, 2015, the Court called this case for trial. Plaintiff/Counter-

Defendant Knighthawk, LLC, Series G ("Knighthawk") appeared in person by and through its

authorized corporate representative and through its attorneys. Defendants/Counter-Plaintiffs

B&P Development, LLC ("B&P") and Chad H. Foster, Jr. ("Foster") (collectively

"Defendants") appeared in person and by and through its authorized corporate representatives

and through their attorneys. The parties both announced ready for trial. The Court determined

that it had jurisdiction over the subject matter and the parties to this proceeding. The Court then

impaneled and swore in the jury, which heard the evidence and arguments of counsel.

Following the close of evidence and the arguments of counsel, the Court submitted

questions, definitions, and instructions to the jury in the Charge of the Court. In response, the

jury returned a verdict that the Court received, filed, and entered as the verdict. A true and

correct copy ofthe Verdict is attached hereto as Exhibit A (the "Jury Verdict").

The Court, having reviewed the Jury Verdict, hereby has resolved to RENDER and ENTER

this Final Judgment. It is therefore

ORDERED, ADJUDGED, DECREED and DECLARED that the Deed, legal description and

survey, attached hereto as Exhibit B ("Martinez Survey"), sets forth and describes the true and

FINAL JUDGMENT PAGE 1 OF 4 correct location of the boundary line between the Plaintiff's real property reflected by the tract

described in the Deed recorded in Volume 263, Page 37, Deed Records, Val Verde County,

Texas("Knighthawk Property") and B&P's real property reflected by the tract described in the

Deed Recorded in Volume 182, Page 107, Deed Records, Val Verde County, Texas ("B&P

Property"), and B&P's has no right, title, lien, estate, or interest in or to the real property

contained within the Martinez Survey, save and except however, any current encroachments on

the Knighthawk Property as constructed by B&P are permissive encroachments and shall remain

in place until such time as they are removed or the parties-in-interest thereto agree otherwise,

and any subsequent owners of the Knighthawk tract shall take title in that tract subject to the

same. It is further

ORDERED, ADJUDGED and DECREED that Knighthawk is awarded Judgment against B&P

for damages in the amount of $120,000 for B&P's improper use and occupancy of the

Knighthawk Property in the past. It is further

ORDERED, ADJUDGED and DECREED that Knighthawk is awarded Judgment against B&P

for damages in the amount $130,000.00 for B&P's improper use and occupancy of the

Knighthawk Property in the future.

It is further ORDERED, ADJUDGED and DECREED that Knighthawk take nothing on its

claims asserted against Foster, and Defendants' take nothing on their counterclaims against

Knighthawk. It is further

ORDERED, ADJUDGED and DECREED that Knighthawk is awarded pre-judgment interest

in the amount of $17,789.97, calculated at the rate of 5% per annum, to be compounded

annually, on the actual damages awarded by the jury in the amount of $120,000.00 from June 18,

2012,through and including April 11, 2015. It is further

FINAL JUDGMENT PAGE 2 OF 4 ORDERED, ADJUDGED and DECREED that Knighthawk is awarded post-judgment interest

at the rate of 5% per annum, on all amounts awarded to Knighthawk in this Judgment until paid

in full. It is further

ORDERED, ADJUDGED and DECREED that Knighthawk is awarded Judgment against B&P

for its reasonable and necessary attorneys' fees and expenses in the amount of $90,000.00. It is

further

ORDERED, ADJUDGED AND DECREED that Knighthawk is awarded postjudgment

attorney's fees in the amounts and under the circumstances as follows:

(a) $7,500.00 if Defendants file a restricted appeal; that is unsuccessful;

(b) $7,500.00 for each petition for writ of mandamus that Defendants may file that is denied or dismissed;

(c) $15,000.00 if Defendants file a notice of appeal; that is unsuccessful;

(d) $15,000.00 if Defendants file a petition for review, and such petition is not granted; and

(e) $15,000.00 if Defendants file a petition for review that is granted, but the Judgment ofthe Court of Appeals is not reversed.

It is further

ORDERED, ADJUDGED AND DECREED that Plaintiff shall have all writs of execution and

other process necessary to enforce this judgment, and it is ORDERED that a return is to be made

of the writ showing how it was executed. It is further

ORDERED, ADJUDGED and DECREED that all costs of court are hereby taxed against

Defendant, B&P Development, LLC. ) s re IF ,4 c 4.v =p i A 4K,J J a •,•• 'a f4.4 ‘- NA/\ et THIS JUDGMENT DISPOSES OF ALL ISSUES AND ALL PARTIES. ALL 6r RELIEF NOT GRANTED HEREIN IS DENIED. THIS IS, IN ALL THINGS, A FINAL

AND APPEALABLE JUDGMENT. 6\9

FINAL JUDGMENT PAGE 3 OF 4 Signed this 2-5- day of June, 2015.

Honorable Judge Stephen B. Ables

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