Christine Cubit v. Tonroy, Inc. D/B/A Serv Pro of the Hill Country

• Court: Court of Appeals of Texas
• Decided: November 17, 2015
• Docket: 04-15-00726-CV
• Status: Published

Opinion

CIVIL APPEALS - CERTIFICATE

To Be Filed with Court of Appeals

TRIAL COURT NO.1 2787C

FILED IN 4th COURT OF APPEALS TONROY, INC. D/B/A SERV PRO IN THE COUNTY SAN COURT ANTONIO, TEXAS OF THE HILL COUNTRY 11/17/2015 3:33:54 PM VS AT LAW KEITH E. HOTTLE Clerk CHRISTINE CUBIT KERR COUNTY, TEXAS

Date Notice of Appeal Filed: November 13 th, 2015

1. Has a motion for new trial been filed: - -Yes X No

Will a motion for new trial be filed: - - - -Yes No

2. Date of Judgment signed: OCTOBER 16TH , 2015

3. The Honorable SUSAN F. HARRIS presided at triaL

4. The Appellant is represented by: KUNAL UDESHI, SBN 24078744 3131 MCKINNEY AVENUE #600; DALLAS TEXAS 75204 817-851-5860

5. The Appellee is represented by: JOHN SUDYKA, SBN 19463400

10100 REUNION PLACE, SUITE 600, SAN ANTONIO, TX 78216

210-344-3900

6. Supersedeas Bond - - - -was or X was not filed. Amt.$- - - - - - - - - -

7. Name & Address of Court Reporter: KELLY RODE, 700 MAIN, SUITE 123, KERRVILLE, TX 78028 (830)792-2207

8. Type of Case: DEBT/CONTRACT

Witness my hand this the _ _ day of November, 2015 NO.12787C

TONROY, INC. DIDIA SERVPRO OF § IN THE COUNTY COURT

THE HILL COUNTRY §

Plaintiff, § § FILE:~2 ,:{LM20§

V. § AT LAW NO. 1 § § CHRISTINE CUBIT § By Deputy Defendant. § KERR COUNTY, TEXA

NOTICE OF APPEAL

NOTICE IS GIVEN that Christine Cubit ("Appellant") hereby appeals to the Texas

Fourth Court of Appeals of San Antonio. Texas from Summary Judgment issued by the

Honorable Judge of the County Court at Law for Kerr County. Texas on October 16, 2015 in the

above numbered and entitled cause of action.

Tonroy, Inc. d/b/a Servpro of the Hill County ("Appellee"l. the party in whose favor

Summary Judgment was granted. may be served through its attorney of record. John Sudyka. at

10 J00 Reunion Place, Suite 600, San Antonio, Texas 78216. facsimile number 210-366-4301.

REOUEST FOR RECORD • Pursuant to Texas Rules of Appellate Procedure 34 and 35, Christine Cubit hereby

requests that the clerk's record and reporter's record. if any, in the above styled and numbered

cause be prepared and forwarded to the Fourth Court of Appeals at the Court's earliest

convenience and within sixty (60) days after October 16,2015, as prescribed by Texas Rule of

Appeallate Procedure 35.1. Defendant awaits instructions of the Court as to the amount, place,

and manner of payment to be made for the costs of preparation of the records herein requested. Respectfully Submitted,

THE LAW OFFICES OF KUNAL UDESHI 3131 McKinney Avenue #600 Dallas. Texas 75204 T; 817-851-5860 F: 817-900-8740 kunal.k.udeshi.law@gmail.com

. !\ /. '.- \

By: ," /" '

KUNAL UDESHI Attorney for Christine Cubit State Bar No. 24078744

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and foregoing was served on

John Sudyka, counsel of record for Appellee Tonroy, Inc. d/b/a Servpro of the Hill Country, by

e-mail transmission to jms@jao-Iaw.com before 5:00 p,m. on the _ _ _ day of November,

2015.

) . "

KU'NAL UDESHI

o o

CAUSE NO. 12787C

TONROY, INC. D/B/A SERVPRO § IN THE COUNTY COURT OF THE HILL COUNTRY, § § PlaiDtiff § § AT LAW NO. 1 V. §

§

CHRISTINE CUBIT, §

§ Defendant § KERR COUNTY, TEXAS

ORDER ON SERVPRO'S MOTION FOR TRADITIONAL SUMMARY JUDGMENT

ON THIS DAY, came on to be heard the Motion for Traditional Summary Judgment

submitted by PlaintiffTonroy, Inc., doing business as Servpro ofThe Hill Country ("Servpro"). The

Court, having considered Servpro's Motion for Traditional Summary Judgment, any responses or

replies of the respective parties, the pleadings and evidence herein, and the argument of counsel

presented in this matter, has determined that Servpro's Motion for Traditional Summary Judgment

is well-taken and should be granted.

IT IS THEREFORE ORDERED that Servpro's Motion for Traditional Summary Judgment

is granted and judgment is hereby rendered in favor of Servpro on its claims and causes of action

against Defendant Christine Cubit (,'Defendant"). It is FURTHER ORDERED that:

1. Servpro is awarded judgment against Defendant in the principal amount of $24,234.64.

2. Servpro shall have and recover from Defendant pre-judgment interest on the amount described in the preceding item 1 at the rate ofeighteen percent (18%) per annum from April 8, 2012, to the date of this Judgment.

3. Servpro shall further have and recover from Defendant the amount of Servpro's reasonable and necessary attorney fees as requested in Servpro's Motion for Traditional Summary Judgment, the amount of which shall be determined at a later date following a hearing on such matter before this Court. FILEOlcY1b 2fiS Order on Senpro's Motron for CD 9: 6S: ~M Trlldiliollal Summal')' Judgment (Cause No. 11787C) ROBBIN BU LEW Page 1 of 2 Pages IL.1 ..1 ~. ,Ke unty,TX r. /l.J ~~c., 4. ~~ \-eA}..ev - ~ Js: (Oki{{ S­ o o

4. To conserve judicial resources and minimize further time and expense, (a) the attorneys for the parties are ordered to attempt, within fourteen (14) days after the date ofthis Judgment, to reach agreement on the reasonable amount ofattorney fees to be awarded Servpro. If they do reach agreement within this fourteen (14) day period, Servpro's counsel is directed to prepare a proposed Order regarding such attorney fees and submit it to the Court for consideration. If they are unable to reach agreement within this fourteen (14) day period, the Court shall determine the reasonable amount of attorney fees to be awarded Servpro based on the evidence and arguments to be presented at the later hearing described in the preceding item 3 and in any written briefing and affidavits submitted to the Court prior to such hearing.

5. Servpro shall further have and recover from Defendant post-judgment interest on the total amount of this Judgment at the rate of eighteen percent (18%) per annum from the date of this Judgment until paid.

6. Any and all costs of court shall be taxed against Defendant.

7. Servpro shall have all writs of execution and other process issued which are necessary to enforce and collect this Judgment, for which let execution issue.

8. All other relief not specifically granted in this Judgment is denied. This Judgment disposes of all claims and all parties in this lawsuit, except for the amount of reasonable and necessary attorney fees herein awarded to Servpro, which will be determined at a later date as stated above.

SIGNED this III+" day of 0 cfebp", , 2015.

~o&J EPRESiDING

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Order on Servpro's Motion for Traditional Summary Judgment (Clluse No. 11787C) Page 2 of 2 Pages