Debra v. Jennings, Esq. and Debra v. Jennings, P.L.L.C. v. American Asset Finance, L.L.C.

Opinion

ACCEPTED

14-14-00860-CV

FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 6/22/2015 11:03:57 PM

14-1400860-CV CHRISTOPHER PRINE CLERK

No.14-11-00977-CV

_________________________________________________

FILED IN

14th COURT OF APPEALS

IN THE COURT OF APPEALS HOUSTON, TEXAS FOR THE FOURTEENTH DISTRICT 6/22/2015 11:03:57 PM CHRISTOPHER A. PRINE

HOUSTON, TEXAS Clerk

__________________________________________________

DEBRA JENNINGS, ESQ. AND DEBRA JENNINGS, P.L.L.C.

Appellant

V.

AMERICAN ASSET

Appellee

_____________________________________________________________

On Appeal from the County Civil Court at Law No. Four

Harris County, Texas; Cause No. 1030758

_____________________________________________________________

RESPONSE TO

MOTION TO DISMISS

_____________________________________________________________

LAW OFFICE OF DEBRA V. JENNINGS Debra V. Jennings lawyerdvj@yahoo.com State Bar No. 10631850

6140 HWY 6, # 269

Missouri City, Texas 77459 Telephone: (832) 230-4455 Facsimile: (1832) 442-3700

TO THE HONORABLE COURT OF APPEALS:

NOW COMES Appellant, Debra Jennings, and submits this response in opposition to

Appellee’s Motion to Dismiss and in support will show:

1. THE MOTION TO DISMISS FAILS BECAUSE IT IS NOT IN THE PROPER FORM A. THE MOTION DOES NOT CONTAIN A CERTIFICATE OF CONFERENCE AS REQUIRED BY TEXAS RULE OF APPELLATE PROCEDURE

Texas Rule of Appellate Procedure 10.1(a)(5) states that a motion filed “must” contain:

(5) in civil cases, except for motions for rehearing and en banc reconsideration, contain or be accompanied by a certificate stating that the filing party conferred, or made a reasonable attempt to confer, with all other parties about the merits of the motion and whether those parties oppose the motion.

Tex. R. App. P. 10.1(a)(5) (emphasis added). A close examination of the motion to dismiss

(Exhibit “A”) reveals that it contains no such certificate. The motion should be denied and

appellee should, at a minimum be required to re-file the motion with a correct certificate of

conference.

B. THE MOTION DOES NOT ATTACH EXHIBITS OR AFFIDAVITS AS STATED IN THE MOTION.

Appellees motion to dismiss (a significant and dispositive request) reads in its entirety as

follows:

See MOTION TO DISMISS (Exhibit “A). As one can see, there is no substantive argument and only

three (3) conclusory headings. The final sentence of the Motion to Dismiss reads: “Appellee will

rely on the attached Brief and Affidavit with Exhibits.” Id.

Unfortunately, there is no attached brief, no attached affidavit, and no attached exhibits.

By its own definition, the motion is deficient, because there is nothing attached to “rely” upon.

The motion should be denied and appellee should, at a minimum be required to re-file the motion

with the correct brief and affidavits.

2. THE MOTION FAILS BECAUSE IT SEEKS RELIEF IDENTICAL TO THAT SOUGHT IN APELLEE’S RESPONSIVE BRIEF ON THE MERITS.

Attached hereto as Exhibit B is “Appellee’s Brief in Support of Motion to Dismiss

Appeal” which was filed six (6) days before the “Motion to Dismiss.” Although it appears to be

a brief in support of the instant motion, it is not. It cannot be. It was filed 6 days before the

motion to dismiss and on the day that the Appellee’s Brief was due. It was not accompanied by

any motion. See APPELLEE’S BRIEF IN SUPPORT OF MOTION TO DISMISS APPEAL (Exhibit “B”);

see also, ORDER SETTING JUNE 12 BRIEF DEADLINE (Exhibit “C”). The June 12, filing is

Appellee’s brief on the merits. Not only was it filed on June 12, it was not accompanied by a

motion. Moreover, the undersigned was informed today by the Court of Appeals deputy clerk

that the June 12 filing has been lodged as “Appellee’s Brief” and that the undersigned should

treat it as such and file a reply brief before the expiration of 20 days from June 12th. See

AFFIDAVIT OF DEBRA JENNINGS REGARDING CLERK CONFERENCE (Exhibit “D). The online case

information page also confirms this by showing the June 12 filing under the heading of “Briefs,”

and not “Case Events”. See 14TH COURT OF APPEALS ONLINE CASE INFORMATION PAGE (Exhibit

“E”). Most importantly, this Court issued an order on June 12, acknowledging that “Appellee’s

Brief” had been filed on that day and that the Reply Brief was due 20 days from June 12. See

ORDER ON REPLY DATE (Exhibit “F”).

A close examination of “Appellee’s Brief in Support of Motion to Dismiss Appeal”

shows that it makes (albeit with more complete discussion) the same exact arguments that are in

the instant “motion.” Compare APPELLEE’S BRIEF IN SUPPORT OF MOTION TO DISMISS APPEAL

(Exhibit “B”) with MOTION TO DISMISS (Exhibit “A).

Because the “motion” requests a complete disposition of the Appeal (dismissal) a full

panel of judges will be required to rule on it. See Tex. R. App. P. 10.4 (“…in a civil case, a

single justice should not do the following: … (2) dismiss or otherwise determine an appeal or a

motion for rehearing.”). Thus, it would be a waste of judicial resources to empanel 3 justices

only to determine that the motion lacks proper form and exhibits, when the better drafted request

on the same grounds has already been filed as a brief on the merits and is awaiting a reply brief

and a 3 justice panel. Because the same arguments have been filed as a brief on the merits,

denial of the instant motion on technical grounds will not prejudice Appellee. The same

arguments will be heard when the court convenes on the merits. The motion should be denied

as duplicative.

3. THE COURT SHOULD ORDER APPELLANT TO RE-FILE HER BRIEF TO AVOID SUBSTANTIAL PROCEDURAL CONFUSION.

A. THE CLERKS RECORD IS INCOMPLETE.

Attached as Exhibit “G” are pages 36 and 37 of the Clerk’s Record filed in this case. As

one can see, the affidavit beginning on page 36 is cut off and incomplete. CLERK’S RECORD

SELECTED PAGES (Exhibit “G”). The actual affidavit has another page. See COMPLETE

AFFIDAVIT (Exhibit “H”). This affidavit is one a crucial exhibit to appellant’s brief that did not

make it into the Clerk’s Record. The undersigned has requested by letter that the Clerk below supplement the record to include the complete affidavit and a number of other critical

documents. See LETTER REQUESTING SUPPLEMENTATION OF CLERK’S RECORD (Exhibit “I”).

B. THE APPELLANT’S BRIEF IS IN NEED OF REVISION

Admittedly, Appellant’s Brief was not well written. It was prepared in the midst of

intense settlement negotiations and proceedings in the lower court. It needs to be amended and

supplemented. The undersigned takes full responsibility. Appellant has asked by way motion

for an extension for time in which to file her Reply Brief. In doing so appellant intends to

supplement or amend the originally filed brief. See MOTION FOR EXTENSION TO FILE

SUPPLEMENTAL REPLY BRIEF (Exhibit “J”). The rules allow such supplementation. Texas Rule

of Appellate Procedure 38.7 states that “A brief may be amended or supplemented whenever

justice requires, on whatever reasonable terms the court may prescribe.” See Tex. R. App. P.

38.7. Rule 38.9 suggests that such corrections should be allowed and the case should only be

dismissed for briefing defects on the filing of a second defective brief:

38.9. Briefing Rules to be Construed Liberally Because briefs are meant to acquaint the court with the issues in a case and to present argument that will enable the court to decide the case, substantial compliance with this rule is sufficient, subject to the following. (a) Formal Defects. If the court determines that this rule has been flagrantly violated, it may require a brief to be amended, supplemented, or redrawn. If another brief that does not comply with this rule is filed, the court may strike the brief, prohibit the party from filing another, and proceed as if the party had failed to file a brief. (b) Substantive Defects. If the court determines, either before or after submission, that the case has not been properly presented in the briefs, or that the law and authorities have not been properly cited in the briefs, the court may postpone submission, require additional briefing, and make any other order necessary for a satisfactory submission of the case.

Tex. R. App. P. 38.9 (emphasis added). A second chance is the rule. In Berardinelli v. Pickels,

05-12-01390-CV, 2014 WL 6560029 (Tex. App.—Dallas Oct. 23, 2014, no pet.) the Court

stated:

Berardinelli was given the opportunity to file an amended brief. However, the amended brief fails to comply with the briefing requirements set out in Texas Rule of Appellate Procedure 38.1. See Tex. R. App. P. 38.1(g), (i); Bolling, 315 S.W.3d at 895– 96. Accordingly, this Court is authorized to dismiss Berardinelli's appeal. See Tex. R. App. P. 42.3; Bolling, 315 S.W.3d at 895–96.

Id. at *3 (citing Bolling v. Farmers Branch Indep. Sch. Dist., 315 S.W.3d 893 (Tex. App.—

Dallas 2010, no pet.)) (emphasis added).

Here, if the court were simply to direct the parties to start over, supplementing the record,

and re-filing the briefs in proper form, the confusing process of amending and supplementing in

the reply brief could be avoided.

C. A SIGNIFICANT NUMBER OF OUTSTANDING PROCEDURAL MOTIONS ARE ON FILE

Currently, a number of outstanding motions clutter the non-brief docket of this case.

Appellants have filed a motion to compel production of exhibits. See MOTION TO COMPEL

EXHIBITS (Exhibit “K”). A ruling on such motion would be unnecessary if the Court were to

order appellant to file a properly conforming Appellant’s Brief.

Appellee has filed a motion requesting a second extension for filing of its appellee’s

brief. See SECOND MOTION FOR APPELLEE BRIEF EXTENSION (Exhibit “L”). The very existence

of such motion suggests that appellees did not intend to file the “Brief in Support of Motion to

Dismiss” as its brief on the merits. An examination of the brief shows that it does not argue the

merits, but only the technical defects. See APPELLEE’S BRIEF IN SUPPORT OF MOTION TO DISMISS

APPEAL (Exhibit “B”). A ruling on the second extension motion would be unnecessary if the

Court were to order appellant to file a properly conforming Appellant’s Brief.

As discuss previously, the appellant filed a motion for extension to file its reply brief.

See MOTION FOR EXTENSION TO FILE SUPPLEMENTAL REPLY BRIEF (Exhibit “J”). Filing a reply brief to correct errors in the original brief is a confusing way to correct such errors. The better

way would be to order appellant to file a properly conforming Appellant’s Brief.

Appellant has filed a motion for an extension of time to file this very response and was

confused as to its due date. MOTION FOR TIME ON DISMISSAL RESPONSE (Exhibit “M”). See also

AFFIDAVIT OF DEBRA JENNINGS REGARDING CLERK CONFERENCE (Exhibit “D). All of these

concerns are obviated if this Court were to order Appellant to file a properly conforming

Appellant’s Brief, restarting the schedule.

D. A RE-FILED APPELLANT’S BRIEF WOULD RESOLVE THE OUTSTANDING ISSUES.

As contemplated by the Texas Rules of Appellate Procedure, this Court is vested with the

inherent power to “…postpone submission, require additional briefing, and make any other

order necessary for a satisfactory submission of the case.” Tex. R. App. P. 38.9(b) (emphasis

added). As implied by the Rules of Appellate Procedure, it is not proper to dismiss the appeal

for the defects which are argued in the motion to dismiss. Rather, the Court should order a re-

filing of appellant’s brief and, per Berardinelli, supra, only dismiss the case if a second defective

brief is filed. Moreover, to order the re-filing of the appellant’s brief, will obviate this Court’s

wasting resources. It will not have to issue rulings on the confusing morass of motions currently

before the Court.

WHEREFORE, PREMISES CONSIDERED, APPELLANT PRAYS that this Court (1)

deny Appellees’ motion to dismiss; (2) order appellant to re-file its opening brief within 30 days

of the date of the Court’s order to re-file; and (3) deny all pending motions or place such motions

in abeyance pending the re-filing of appellant’s brief.

Respectfully submitted,

/s/ Debra V. Jennings

___________________________

Debra V. Jennings lawyerdvj@yahoo.com State Bar No. 10631850 6140 HWY 6, # 269 Missouri City, Texas 77459 Telephone (832) 230-4455 Facsimile: (1832) 442-3700 Attorney for Appellant

Of Counsel (legal writing and research only) Stuart Starry State Bar No. 19079050 35 Ruebens Road Sandia Park, NM 87947

CERTICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing Response to Motion to

Dismiss was served on June 22, 2015, to the following counsel of record:

Andrew Totz State Bar No. 24004958 Totz Ellison & Totz, P.C. 2211 Norfolk, Suite 510 Houston, Texas 77098 Phone: 713-275-0305 Fax: 713-275-0306

EXHIBIT A

ACCEPTED

14-14-00860-CV

FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 6/18/2015 11:28:22 AM CHRISTOPHER PRINE

CLERK

NO. 14-14-00860-CV

FILED IN

14th COURT OF APPEALS

IN THE COURT OF APPEALS HOUSTON, TEXAS FOURTEENTH DISTRICT OF TEXAS 6/18/2015 11:28:22 AM AT HOUSTON, TEXAS CHRISTOPHER A. PRINE Clerk

DEBRA V. JENNINGS, ESQ. and DEBRA V. JENNINGS, P.L.L.C.

Appellant

v.

AMERICAN ASSET FINANCE, L.L.C.

Appellee

ON APPEAL FROM THE COUNTY COURT LA W NO. FOUR OF HARRIS COUNTY, TEXAS TRIAL CAUSE NO. 1030758-401

MOTION TO DISMISS

Appellee, American Asset Finance, L.L.C., files this motion to dismiss

and in support says as follows:

1. This appeal is untimely. The foreign Judgment at issue on this appeal became final when filed in Texas on April 22, 2013. Appellant had 30 days from that date to contest the Judgment and failed to do so.

2. The appeal of the trial court's Order Appointing Receiver dated September 17,2014, is also untimely. Appellant had 20 days from the date of this Order to appeal and failed to do so.

3. This appeal should be dismissed because it is unsupported by any record .evidence.

WHEREFORE, Appellee requests that the court dismiss this appeal. Appellee will rely on the

attached Brief and Affidavit with Exhibits.

Respectfully submitted,

TOT~OTZ. P.C.

By:

ANDREW B. TOTZ TBA # 24004958 2211 Norfolk, Suite 510 Houston, Texas 77098 Phone: 713-275-0305 Fax: 713-275-0306 Email: atotz@tetiegal.com

ATTORNEYS FQR APPELLEE

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above Motion to Dismiss with supporting brief and Affidavit with Exhibits was served on Appellants' through its counsel, via facsimile on the Ji!31ay of June, 2015, as follows:

Via Facsimile No. 1-8321442-3700 Debra V. Jennings Debra V. Jennings, P.L.L.C. 14090 Southwest Freeway, Suite 300 Sugar Land, TX 77478

~-.., -

ANDREW B. TOTZ

EXHIBIT B

ACCEPTED

14-14-00860-CV

FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 6/12/2015 3:08:13 PM CHRISTOPHER PRINE

CLERK

NO. 14-14-00860-CV

FILED IN

IN THE COURT OF APPEALS 14th COURT OF APPEALS HOUSTON, TEXAS

FOURTEENTH DISTRICT OF TEXAS AT HOUSTON, TEXAS 6/12/2015 3:08:13 PM CHRISTOPHER A. PRINE

Clerk

DEBRA JENNINGS ESQ. AND DEBRA JENNINGS, P.L.L.C Appellant v.

AMERICAN ASSET FINANCE, L.L.C.

Appellee

ON APPEAL FROM THE COUNTY COURT LAW NO. FOUR OF HARRIS COUNTY, TEXAS TRIAL CAUSE NO.I030758 and 1030758-401

APPELLEE'S BRIEF IN SUPPORT OF MOTION TO DISMISS APPEAL

ANDREW B. TOTZ TOTZ ELLISON & TOTZ, P.c. SBOT #24004958 2211 Norfolk, Suite 510 Houston, TX 77098 Phone: 713/275-0305 Fax: 713/275-0306

ATTORNEYS FOR APPELLEE, AMERICAN ASSET FINANCE, L.L.c.

IDENTITY OF PARTIES & COUNSEL

Appellee, American Asset Finance, LLC, represented by Andrew B. Totz Totz Ellison & Totz, P.C. Texas Bar No. 24004958 2211 Norfolk, Suite 510 Houston, TX 77098 Phone: 713/275-0305 Fax: 713/275-0306

Appellant, Debra Jennings, Esq. and Debra Jennings, P.L.L.C., represented by Debra V. Jennings Texas Bar No. 10631850 6140 HWY 6, #269 Missouri City, Texas 77459 Phone: 832/230-4455 Fax: 1-832/442-3700

TABLE OF CONTENTS

The Appeal is Untimely.

NO. 14-14-00860-CV

DEBRA JENNINGS, ESQ AND DEBRA JENNINGS, P.L.L.C.

Appellants

v.

AMERICAN ASSET FINANCE, L.L.C.

Appellee

APPELLEE'S BRIEF IN SUPPORT OF ITS MOTION TO DISMISS APPEAL

Appellee, American Asset Finance, L.L.c., submits its Motion to Dismiss the Appeal.

The appellee will be referred to as Appellee. Appellants, Debra Jennings, Esq. and Debra

Jennings, P.L.L.C., will be referred to as Appellant. Because Appellee has not been provided

with the record on appeal, it relies on the Affidavits of a Managing Member of Appellee and

counsel and the attached exhibits.

STATEMENT OF THE CASE AND STATEMENT OF FACTS

The Notice of Appeal in this matter was filed on October 16, 2014. The appeal seeks to

collaterally attack a Final Judgment that was initially entered in New Jersey on May 25,2012.

(Exhibit 1 to Affidavit of Timothy J. Foley, Esq.). The appeal further seeks to reverse the Texas

trial court's Order Appointing a Receiver dated September 17,2014. The appeal is untimely on

both issues and should be dismissed.

Appellants first sought to vacate the Judgment in New Jersey three years after it was

entered. The New Jersey court denied Appellants' application by Order dated April 13, 2015,

stating among other things that the motion was "untimely." (Exhibit 2 to Affidavit of Timothy J.

Foley, Esq.).

On April 22, 2013, the New Jersey Judgment was filed with the Harris County Court in

accordance with the Uniform Enforcement of Foreign Judgments Act (UEFJA), Tex.Civ.Prac.&

Rem.Code Sec. 35.001-35.008 under Case No. 1030758. (Exhibit 3 to Affidavit of Timothy J.

Foley, Esq.). On that date, the Judgment became a Final Judgment in Texas. Appellants, a

lawyer and her law firm, had 30 days from that date to contest the Judgment. They did not.

Accordingly, the appeal should be dismissed as untimely.

Once the Judgment became final in Texas, the Court closed that case. A new case was

opened for post-judgment proceedings, Case No.1 030758-401. (Exhibit 1 to Affidavit of

Andrew Totz, Esq.) After motions, hearings, discovery attempts and general obfuscation by

Appellants, a Receiver was appointed by Order dated September 17,2014. (Exhibit 1 to

Affidavit of Andrew Totz, Esq.) Appellants had 20 days to appeal that Order but failed to do so.

Accordingly, the appeal should be dismissed as untimely.

Appellants' Brief in support of their appeal lacks any citations to the record. The

Appellate Rules require that any facts are to be supported by citations to the record. Likewise,

any arguments are to be supported by record references. Appellants' Brief is unsubstantiated

inadmissible hearsay and their appeal should be dismissed.

SUMMARY OF THE ARGUMENT

The New Jersey Final Judgment against Appellants became enforceable as a Texas

judgment on the date it was filed. Walnut Equipment Leasing Company, Inc. v. Wen Lung Wu

et aI., 920 S.W.2d 285 (1996). That date was April 22, 2013. Appellants had 30 days from that

date to file a motion to contest the judgment or appeal. Malone v. Emmert Indus. Corp., 858

S.W.2d 547 (14th Dist Ct. of Appeals, Houston 1993). Tex. R. App. P. 26.l(a). Appellants failed to

do so. This appeal was filed on October 16,2014, a year and a halflate. The appeal should be

dismissed.

Any objections regarding technical defects in the filing of the judgment have been

waived because they were not timely made. Carter v. Cline, Case No. 03-10-00855 (3d

Dist.Ct.App. October 13,2011) citing, Tanner v. McCaTthy, 274 S.W.3d 311,316 (Tex.App.-

Houston [14th Dist.] 2008, no pet.) and Tri-Steel Structures, Inc. v. Hackman, 883 S.W.2d 391,

395 (Tex.App.-Fort Worth 1994, writ denied).

On September 17,2014, the court below entered an Order appointing a Receiver. That

Order was to be appealed within 20 days of entry. Sclafani v. Sclafani, 870 S.W.2d 608 (1 st

Dist.Ct. App., Houston 1993). Appellant's appeal was not so filed and should be dismissed.

Finally, Appellants, an attorney and her law firm, have failed to include any record

references in support of their factual and legal arguments in violation of this Court's rules.

Accordingly, the appeal should be dismissed. Berardinelli v. Pickels, Case No. 05-12-01390 (5 th

Dist.Ct.App. October 23,2014) citing, Bolling v. Fanners Branch Independent School District,

315 S.W.3d 893,896-7 (Tex. App.-Dallas 2010, no pet.).

ARGUMENT AND AUTHORITIES

1. The Appeal is Untimely.

a. The New Jersey Judgment became final when it was filed in Texas.

In Walnut Equipment Leasing Company, Inc. v. Wen Lung Wu et al., 920 S.W.2d 285

(1996), the Texas Supreme Court made clear that when a foreign judgment is filed in accordance

with the UEFJA, it becomes "enforceable as a Texas judgment on the date it was filed." Id. at

. In the case at bar, that date was April 22, 2013. Once the foreign judgment was filed, the

burden shifted to appellant to prove the judgment was not valid or final. Mitchim v. Mitchim,

518 S.W.2d 362,364 (Tex. 1975)("foreignjudgment that appears valid and final makes prima

facie case for party seeking to enforce it, and burden is on resisting party to prove judgment is

not valid or final").

b. Appellant had 30 days from the filing of the foreign judgment to contest its enforceability or to file an appeal.

When the appellant has not filed in the trial court a timely motion for new trial, motion to

modify the judgment, motion to reinstate, or request for findings of fact and conclusions of law,

the notice of appeal must generally be filed within thirty days after the judgment or other

appealable order is signed. Tex. R. App. P. 26.1(a). Without a timely filed notice of appeal, the

appellate Court lacks jurisdiction. See Tex. R. App. P. 25.1(b); In re E.M.A., No. 05-11-00596-

CV, 2011 WL 3672297, at *1 (Tex. App.-Dallas Aug. 23, 2011, no pet. h.) (per

curiam) (mem. op.).). See also, Malone v. Emmert Indus. Corp., 858 S.W.2d 547 (14th Dist Ct.

of Appeals, Houston 1993) (Motion to contest enforcement of a final judgment must be made

within 30 days of filing or court loses plenary jurisdiction.) Appellant at bar filed none of the

motions that would lengthen their time to appeal. Accordingly, they had 30 days from the date

the judgment was filed to appeal and failed to do so. This Court, therefore, lacks jurisdiction to

hear this appeal.

c. Appellant has waived any objections to an alleged technical defect in the filing of the judgment because she did not timely challenge the alleged procedural defect.

Appellant claims for the first time on appeal that the Affidavit of the Judgment creditor

filed on April 22, 2013, did not contain the creditor's address. Appellant, an attorney, does not

support this claim with any record evidence. Rather, Appellant makes reference to an exhibit

that she failed to file with the Court or serve on Appellee. Aside from being procedurally

deficient, Appellant's argument is also substantively deficient. Because Appellant did not raise

that issue in the trial court, timely or otherwise, it is deemed waived. Carter v. Cline, Case No.

03-10-00855 (3d Dist.Ct.App. October 13,2011) (technical defect of failure to file attorney

affidavit with authenticated judgment was waived when not timely made) citing, Tanner v.

McCarthy, 274 S.W.3d 311,316(Tex.App.-Houston [14th Dist.] 2008, no pet.) (failure to file

Affidavit not a jurisdictional defect) and Tri-Steel Structures, Inc. v. Hackman, 883 S.W.2d 391,

395 (Tex.App.-Fort Worth 1994, writ denied)(failure to effectuate notice to debtor was technical

violation ofUEFJA that did not prejudice debtor where debtor had opportunity to assert defenses

by timely-filed motion.). Appellant could have contested the alleged defect by a timely-filed

motion but chose not to. Accordingly, her untimely objection is waived.

d. Appellant has failed to appeal the Order Appointing Receiver within 20 days as req uired by law.

Appellant attempts to appeal an order dated September 17, 2014, wherein the trial court

appointed a Receiver. It is well settled, however, that an appeal from an Order appointing a

Receiver must be filed within 20 days of the Order. Sclafani v. Sclafani, 870 S.W.2d 608 (1 sl

Dist.Ct. App., Houston 1993) See also, CPRC 51.014 (1)(allowing interlocutory appeal of order

appointing receiver); TRAP 28.1 (a) (interlocutory appeals when allowed by statute are treated as

accelerated appeals); TRAP 28.1 (b)( accelerated appeal to be filed in accordance with 26.1(b));

and TRAP 26.1 (b )(providing notice of appeal to be filed 20 days after order is signed).

Appellant's Notice of Appeal was filed on October 16,2014, more than 20 days after the Order

was signed and the appeal, therefore, is untimely and should be dismissed.

2. The Appeal is Unsupported by Record References and Should be Dismissed.

Appellant does not make one reference to the record in her entire Brief. Rather, she cites

sporadically to two exhibits which she curiously labels Exhibit #1 and Exhibit #3. Even more

curious, Appellant fails to provide these exhibits either to the court or to the Appellee. The

Rules of Appellate Procedure are clear that factual statements and legal arguments must be

supported by references to the record. TRAP 38.1(g) and 38.1(i). The Brief is also supposed to

contain an Appendix (TRAP 38.1 (k)), which Appellant's Brieflacks. The result is a Brief based

on inadmissible hearsay, unsupported by any facts in the record or otherwise. In similar

circumstances, the appellate court has dismissed the appeal. Berardinelli v. Pickels, Case No.

05-12-01390 (5 th Dist.Ct.App. October 23,2014) citing, Bolling v. Farmers Branch Independent

School District , 315 S.W.3d 893, 896-7 (Tex. App.-Dallas 2010, no pet.).

In Berardinelli and Bolling, the appellate court brought the defects in briefing to the

attention of the pro se plaintiffs and they failed to cure those defects. Here, Appellant is an

attorney and a law firm and even though they are appearing pro se, they should know better.

They should not be given a second bite of the apple and the appeal should be dismissed because

of these glaring omissions.

PRAYER

The Appellee prays that its Motion to Dismiss is granted.

Respectfully submitted,

TOTZ ELLISON & TOTZ, P.c.

By: _ _ V----'---_ _

ANDREW B. TOTZ SBOT #24004958 2211 Norfolk, Suite 510 Houston, TX 77098 Phone: 713/275-0305 Fax: 713/275-0306

ATTORNEYS FOR APPELLEE, AMERICAN ASSET FINANCE, L.L.C.

Certificate of Compliance

I hereby certify that this Motion was typed in Microsoft Word and contains 2045 words

in this brief is less than 14,000 words and therefore it complies with Texas Rules of Appellate

Procedure.

ANDREW B. TOTZ

CERTIFICATE OF SERVICE

I certify that a copy of the Appellee's Brief in Support of its Motion to Dismiss along

with the Affidavits in support of the Motion were served on Appellant Debra V. Jennings (Debra

Jennings, P.L.L.C.), whose address is 6140 HWY 6, #269, Missouri City, Texas, 77459, whose

fax number is 1-832/442-3700, by facsimile on June 12,2015.

v.

ANDREW B. TOTZ

CERTIFICATE PURSUANT TRAP RULE 10.1(5)

NO. 14-14-00860-CV

DEBRA V. JENNINGS ESQ. AND § IN THE COURT OF APPEALS DEBRA V. JENNINGS, P.L.L.C., § FOURTEENTH DISTRICT OF TEXAS Appellants, § AT HOUSTON, TEXAS §

V. § § ON APPEAL FROM COUNTY COURT § AT LAW NO.4 OF HARRIS COUNTY, AMERICAN ASSET FINANCE, LLC, § TEXAS, TRIAL CAUSE NO. 1030758 Appellee. § AND 1030758-401 §

AFFIDA VIT OF TIMOTHY J. FOLEY

THE STATE OF NEW JERSEY } }

COUNTY OF PASSAIC }

BEFORE ME, the undersigned authority, on this day personally appeared Timothy 1.

Foley, who, being by me duly sworn, on oath stated:

1. I am the Managing Member of American Asset Finance, LLC, Appellee in this cause. I

have personal knowledge of the facts stated in this affidavit. They are true and correct. I am

authorized to make this Affidavit on behalf of American Asset Finance, LLC.

2. American Asset Finance, LLC, owns a Final Judgment against Debra V. Jennings, Esq.

and Debra V. Jennings, P.L.L.c., Debtors/Appellants. The Final Judgment was initially entered

on May 25,2012, in the Superior Court of New Jersey, Law Division, Passaic County. (Exhibit

1.)

3. On or about February 20, 2015, Appellants moved in the Superior Court of New Jersey,

Law Division, Passaic County, to vacate the Final Judgment. By Order dated April 13, 2015, the

court denied Appellants' motion to vacate as, among other things, untimely. (Exhibit 2.)

4. The Final Judgment was domesticated in County Court at Law No.4 of Harris County,

Texas, on April 22, 2013. (Exhibit 3.) The judgment is valid and subsisting, and a supersedeas

bond has not been approved and filed to suspend execution of the judgment.

Timothy J. Foley

SIGNED AND SWORN TO before me on _-,~:..£.--.,~/----,9,-"__:, 2015.

Sh ry L. Foley, E q. A torney-at-Law State of New Jersey Authorized to Administer Oaths Pursuant to NJ.S.A. §§ 41:2-1 & 46:14-6.1

EXHIBIT 1

,

F I ~, E·D 1A~ .

FOLEY & FOLEY MAY 2· ~ '20\2 . ;r1l::l 23 Deerbrook Lane West Milford, NJ 07480 GARRY 8. ROTHSTAQT, J,S,e. .._.,- ~ '" Pl10ne (973) 304-6003 Counsel for Plaintiff ANmrucAN ASSET FINANCE, LLC, J-I '-15013-12(':)

SUPERIOR COURT OF NEW JERSEY Plaintiff. LAW DIVISION: PASSAIC COUNTY

.v. DOCKET NO. PAS-L-704-12

DEBRA V. JENNINGS, ESQ, and DEBRA CIVlL ACTION V.JENNINGS, P.L,L.C., Dejelldams. ORDEn OF FINAL JUDGMENT pYDEFAULT .

THIS MATTER being opened to the Court by plaintiff American Asset Finance, lle

\» (AAF), by and through its counsel. Foley & Foley, f01' entry of a final judgment iri favor of AA.F ~ ~ and against defendants Debra V. Jennings, Esq. and Debra V. Jennings, P.L.L.. C., on notice to ~~

-. ~.' said defen dants, and default having been entered as against said defendants on April 26, 2012,

and it appearing from the papers and evidence presented that plaintiff is entitled to such rolief,

and for good cause shown, it is 011 the ,,2.s. .~ay . of ~ ,2012,

ORDERED, that judgment Is hereby entered in favol' of American Asset Finance, LLC

and against defenpants Debra V. Jennings, Esq. andbebra V. Jennings, P.L.L.C.,j9intly and

severally, in the amount of $29,029.95, with post-judgment interest at the prevailing rate from ~\tft! ffltlnfJe.lI ff,j !7mnm def~r.<J:'tnt vMh 1:'11 oow c4 tllfl the date of this Order. a.tm.r \'&'110 . .~ -':'.:' ..

1. - ·.·.-').(~,.l.l,nr W~'.

'.' ' . . ' . - •••:.

SUPERIOR COURT OF NEW JERSEY PASSAIC VICINAGE

77 Hnl11l1toll Stl'eel

Pnterson, Nell' Jersey 07SPS (973) 247·81161 Fnx: (973)'247.8185 GLENN DE DLASIO

MAtuEL, li'ABER Asslstnllt Civil Dlvlsioll ['dollngcl' Trllli Court Admlnlsh'nto)'

RENITA MCKINNEY

VANESSA HENDRICKSON Asslslnnl CM' Division Mnnngc,'

CM' D1"i~'on Monngel'

TAXED COSTS

DOCKET NUMBER: L ~2!J[!-! )- JUDGMENT NUMBER: _ _ _ _ __

CASE NAME: 41)1. AJ:'It,:t YS.O!Pt/lilA1!L 'PLAn<lTIFF 7~

I

DEFENDANT

COSTS OF :PLAINTlFF

ATIORNEY ALLOvYANCE BY STATUTE: FILING FEE TO CLERK (COMPLAINT) SHERIPFS FEES FOR SERVICE: OTHER FEF1-l: (SPECIFY)

TOTAL COSTS: $ _______ (~~,'~_Ct~ /(~!-q-i---

DATE TAXED; c5~.ft1-' AITORNEY; ~jj)t'{e.'~b

'NDRICKSON

CIVIL DIVISION MANAGER

EXHIBIT 2

FORMe

SUPERIOR COURT OF NEW JERSEY LAW DIVISION

DEBRA V. JENNINGS, ESQ. & PLLC Your Name

Passaic County 6140 HWY 6, #269 Docket Number pas-L-704-12 Street Address

Missouri City, Texas 77459 Town, State, Zip Code

(832) 230-4455 Telephone Number

AMERICAN ASSEST FINANCE, L.L.C.

Plaintiff

vs. APR 13 2015 DEBRA V. JENNINGS, ESQ AND PLLB Defendant

THOMAS F. BHOGAN. PJ.Cv,

This matter having been brought before the Court on Motion of (check one)

o plaintiff ~ defendant for an Order (describe relief requested) VOID THE DEFAULT JUDGMENT AND OR SET ASIDE THE DEFAULT JUDGMENT

and the Court having considere:l.::tter and for good cause appearing.

") I"\~\

It is on this __0_ day of I-el!l~tet:.y I I 20\ J ORDERED as follows: If /J ." 'k ¥uUt- ~ ct~ 7?~ /~7L~ ~ 7'

II)

cvuA/ (}0I.J..4 (11/ ~I [)/ ft MrJ'vCb

v - .....,..-. a ,J;v;vo ~ VZ C( (tV -(<), i r'\

i -IT-+-'---'-"'--.L..----,f--'-~ _ _- --' J.S. c.

fhornotS F. Broqan p _ " I. ~1. (~'"

~ oppose~

o unopposed

Revised 11/2014. eN 10555·English (How to File a Mollon) Page 11 of 11

EXHIBIT 3 \~ )1 1 1 ~1 /l jl ~lIl 1l l l l l l ljl~I ~I I)I~l l l l 2014028614 ~r

2 PGS AJ

ABSTRACT OF JUDGMENT I

OFFICE OF STAN STANART 1 ~~ ') '" COUNTY CLERK, HARRIS COUNTY, TEXAS COUNTY CIVIL COURTS DEPARTMENT

DOCKETNO: 1030758

Co!-!~iy Cjv~!- C OUlt AMERICA ASSET r;INANCE, LLC At Lnw-No. Four (II) PLAINTIFFS Harris County, Texas YS MaI'lAru; Term, 2013 DEBRA y, JENNINGS ETAL DEFENDANTS

PLAINTIFFS IN JUDGMENT; America Asset Finance, LLC PLAINTIFFS ADDRESSt clo TOTZ ELLISON & TOTZ PC 2211 NORFOLK SUlTE 510; HOUSTON, TEXAS 77098 DEFENDANTS IN JUDGMENT: Debra V. Jennings, Esq. and Debra Y. Jennings; P.L.L.C.,jointly and severally 6140 Highway 6 #269 . Missouri City, TX 77459-3802

Date of Judgment: Apl'il22, 2013 Amount of Judgment: $ 29,029.95 Attorneys fees: $ O.QQ Total: $ 29,029.95 Rate of Interest: post-iudgment interest at the p'revailing rate from the date of this Order Amount of Costs: $215.00 AmollntofCredits: $N/A Balance Due on Judgment & Costs: $Full Amount Date Citation Served: N/A Name Served:' Address: Drivers License No: N/A Date ofBil'th: N/A Social Security No.: N/A

STATE OF TEXAS COUNTY OF HARRIS

TIDS CERTIFIES that the above and foregoing is a true and correct Abstract of Judgment rendered in said term in said Styled and Numbered Case as appears from the minutes of said Court, under DOCUMENT ID NO, CCCL-2013-142786

WITNESS MY HAND AND SEAL OF COURT ON March 13,2014.

STAN STANART, County CJerk County Civil Court at Law No. FOll Harris County, Texas

~'o-~' ~-~'-~~~~~~~ Deputy County Clerk

TOTZ ELLISON & TOTZ PC 2211 NORFOLK SUITE 510 HOUSTON, TEXAS 77098

FornI No. H·Ol·47 (Rev. 09/01flOll) Page I, of]

1 . " ',

FILED AND RECORDED

OFFICIAL PUaLIC RECORDS

~ff~

IS()I~, County Clerk

Diann6- Ul

Fort Bond County, Texas

('larch 26, 2014 12:40:15 FEE: $11.00 KA AJ

2014028614

AFFIDAVIT ANDREW TOTZ

STATE OF TEXAS

COUNTY OF HARRIS

The undersigned Affiant appeared before me, was sworn, and stated:

"I am Appellee's counsel in this cause (No. 14-14-00860-CV). The Judge in Cause No.

1030758 granted a TurnoverlReceivership order on September 17, 2014, see Exhibit 1. Affiant has personal knowledge of the matters stated herein."

~/ ANDRE\\CiOiZ (Affiant)

SUBSCRIBED AND SWORN TO, before me on this 12th day of June, 2015.

o o 2 Cause No. 1030758 -401 o 1 4 AMERICAN ASSET FINANCE, LLC § IN THE COUNTY COURT o § 9 VS. § AT LAW NO. FOUR (4) I 8 § DEBRA V JENNINGS, ESQ. and DEBRA V: § HARRIS COUNTY, TEXAS 'I JENNINGS, P.L.L.C. § o 3 6 ORDER APPOINTING RECEIVER AND ORDER OF REFERENCE

o CAME ON to be heard the Application for Turnover After Judgment of AMERICAN o 4 ASSET FINANCE, LLC whereupon, the Court's review of the papers herein on file, became of the 5 - opinion that II Receiver should be appointed to take possession of and sell the assets of DEBRA V

JENNINGS, ESQ. and DEBRA V. JENNINGS, P.L.L.C.;

IT IS, THEREFORE, ORDERED, ADJUDGED and DECREED by this Court that

RECEIVER: H..i ~ ~~I;l A~ =!/l- (p~.. (a(Jo; PHONE: _ _ _ _ _ _ _ _ _....i FAX: _ _ _ _ _ _ _ _ _ _, be, lind he Is hereby, appointed

Receiver in this case pursuant to the Texas Turnover Statute with the power and authority to take

possession of all non-exempt property, real and personal, of Respondents, DEBRA V JENNINGS,

ESQ. and DEBRA V. JENNINGS, P.L.L.e.including, but not limited to: (I) all documents or

records, including financial records, related to such property that is in the actual or constructive

possession or control of the Respondents; (2) all financial accounts (bank accounts), certificates of

deposit, money market accounts, accounts held by any third-party; (3) all securities; (4) all real

property, equipment, vehicles, boats and, planes; (5) all safety deposit boxes or vaults; (6) all cash;

(7) all negotiable instruments, including promissory notes, drafts and checks; (8) causes of actIon or

choses of action; (9) contract rights whether present or future; (\ 0) accounts receivable; and that all

such property shall be held in custodia m of said Receiver as of the date of th is Order; (II) the

right to sell, lease or license a patent; (12) the exclusive right, power and authority to vote any shares

of stock, partnership Interests or other business interests of Respondent; (13) the exclusive power and

authority to make, vote or sign any orders, or minutes or resolutions of directors authorizing any

action of Respondent requiring such resolution or signed minutes by Respondent's operating

agreement, partnershlp agreement, bylaws or other such agreement; (14) the authority and power but "

Confidenliallnformatlon may have been redacted from the document In compliance with the Public Inrormation Act.

A Certified Copy PLAINTlFPS

Attest,: 9/23/2014 Stan Stan art, County Clerk j EXHIBIT Harris County, Texas __\1....--_

~~ _ _~ _ _ -£-:~_ _ _ __ _ _ _ _ _ _ 'D cP{l ty

Huang N. Tran

o o ;~ not the obligation to manage all businesses and affairs of the Respondent; and (15) the right, power o \ 4 and authority to hire any person or company necessary to accomplish any right or power granted by o 9 this Order. 1 8 It is further ORDERED that all third-parties in possession, or constructive possession, of 1 () assets, including, but not limited to cash and funqs on deposit, documentation, property or 3 G information regarding Respondents, shall turnover or make available for turnover to the Receiver, o said assets, including, but not limited to cash and funds on deposit, documentation, property or o 4 6 information; within a reasonable time; upon request from the Receiver and within the requirements of

this Order Appointing Receiver and Order of Reference. Any information, documentation or

financial information provided to the Receiver of a confidential nature shall not be disclosed or

released by the Receiver unless necessary to carry out the intent of this Order. Should any third-party

referenced herein fail to comply with this Order, the Court may impose the appropriate sanctions

provided for by the Texas Rules of Civil Procedure after the proper application therefore, with notice

and opportunity for hearing granted to any interested or affected party.

Respondent is Respondents hereby ORDERED to immediately turnover to the Receiver

within ten (10) days from Respondents receipt of a copy of this Order the documents contained on

Exhibit J attached hereto, together with all documents and financial records which may be requested

by the Receiver.

Respondents arehereby ORDERED to turnover to the above-named Receiver at the address

stated above, within ten (IO) days of Respondents' receipt of a copy of this Order, all checks, cash,

securities (stocks and bonds). promissory notes, documents of title and contl'llcts owned by or in the

name of Respondents.

Respondents are hereby ORDERED to continue (until the Judgment in this cause is fully

paid andlor settled, including Receiver's fees) to tumover to the Receiver at the Receiver's address all

checks, cash, securities, promissory notes, documents oftitle and contracts within ten (10) days from

Respondents' receipt and possession of such property, If, as and when Respondents becomes in

receipt and possession of any such property.

Confidential information may have been redacted from the document In compliance with the Public Information Act.

A Certified Copy Attest: 9/23/2014 Stan Stanart, County Clerk Harris County, Texas

_____~ ~~ --~~~-------------------Deputy Huong N. 'tmn o o 2 The Receiver is hereby authorized to take all action necessary to gain access to all storage o ) <l facilities, safety deposit boxes, real property, leased premises wherein any property of Respondents o 9 may be situated. I S In addition to the powers of the Receiver set forth herein, the Receiver shall have the 1 o following rights, authority and powers with respect to the Defendant's property: (1) the right, 3 fj authority and power to collect all accounts receivable of Defendant; (2) the right, authority and power ()

to change locks to all premises at which any property is situated; (3) the right, authority and power to o --,4, endorse and cash all checks and negotiable instruments payable to Defendant; (4) the right, authority

and power to have a Constable or Sheriff sell any real property and mineral interest belonging to the

Defendant; (5) the right, power and authority to hire any person or company to move and store the

property of Defendant; (6) the right, authority and power (but not the obligation) to insure any

property belonging to the Defendant; (7) the right, power and authority to obtain from any financial

institution, bank, credit union, or savings and loan any financial records belonging to or pertaining to

the Defendant; (8) the right, power and authority to hire any person or company necessary to

accomplish any right or power under this Order; (9) the right, power and authority to liquidate any

and all financial accounts belonging to or in the name of Defendant; and (10) the right, power and

authority to commence, maintain, settle and control any cause of action which Defendant has the rlght

to commence, maintain, settle or control.

Any Sheriff, Constable or Peace Officer, and their deputies, are hereby directed lind ordered

to assist the Receiver carrying out his duties and exercising his powers hereunder and prevent any

person from interfering with the Receiver in taking control and possession of the property or

Respondents. The Receiver is authorized to direct any Constable, Sheriff or authorized Peace Officer

to seize and sell property under Writ of Execution.

It is further ORDERED that the Receiver and all persons acting under the direction of the

Receiver shall be immune from liability for all actions taken by them to the extent such actions arc

pennitted by this Order.

NOTICE TO THIRD PARTIES: YOU ARE HEREBY NOTIFIED THAT THE

Confidentlallnrormation may have been redacted rrom the document in compliance with the Public Information Act.

A Certified Copy Attest: 9/23/2014 Stan Stanart, County Clerk Harris County, Texas

~~

____~~ __~~~--------__--____--Depu~

Huong N.T-ran

o o 2 RECEIVER, TO THE EXCLUSION OF THE DEFENDANT, IS THE PARTY ENTITLED TO o 1 POSSESS, SELL, LIQUIDATE AND OTHERWISE DEAL WITH DEFENDANT'S NON- 4 o EXEMPT REAL AND PERSONAL PROPERTY. ONCE YOU HAVE RECEIVED NOTICE OF 9 1 8 THIS ORDER, YOU MAYBE SUBJECT TO LIABILITY SHOULD YOU RELEASE ANY 1 PROPERTY TO THE DEFENDANT, UNLESS OTHERWISE DIRECTED BY THE RECEIVER o 3 G OR THIS COURT. o It is further, ORDERED that the above-named Receiver is DIRECTED and AUTHORIZED o 4 8 to pay to himself as Receiver's fees, an amount equal to 25% of the total amount coming into his

possession; which shall be taxed as costs against the Defendant; which the Court finds is a fair,

reasonable and necessary fee for the Receiver; and to distribute all remaining proceeds to the attorney

for the Plaintiff, as Trustee, without the requirement of an Order therefore . No Receiver's fees

exceeding 25% of the total amount coming into his possession shall be paid to the Receiver unless an

Application is flied with and ruled upon by this Court, with notice and opportunity for hearing

granted to Plaintiff and Respondents, and an Order is signed approving said fee application . All

Receiver's fees will be taxed as costs against the Defendant(s)/Respondent(s).

It is further, ORDERED that any , postage, travel expenses or other expenses and costs

reasonably and necessary incurred In carrying out the terms of this Order of the Court may be taxed

against the Defendant as costs, and may be collected by the Receiver from the Defendant which shall

be in addition to those sums and amounts provided for in the judgment.

It is further, ORDERED that Applicant have and recover of and against Respondents,

Judgment in the sum ofS500.00 for additional attorney's fees;

The Receiver is ordered to post bond in the amount of $100.00 payable to this Court and

conditioned upon his faithful discharge of his duties in accordance with this Order. The Receiver is

further ordered to take the oath of office.

SIGNED, thlS- ! ±day of:.....-~~~~::::::;~~(

Confidential Information may have been redacted from the document in compliance with the Public Information Act.

A Certified Copy Attest: 9/23/2014 Stan Stan art, County Clerk Harris County, Texas

______

~:;)---- ~ --~~~-------------- __IDcpu ty Huong N. Tran o o 2 o APPROVED AS TO FORM AND SUBSTANCE: 1 4 o TOTZ ELLIVOTZ, P.C. 9 1 By: B ANDREW B. TOTZ TBA # 2400495g

1 2211 Norfolk, #510 o Houston, Texas 77209 3 6 Phone: 713-275-0305 Fax: 713-275-0306

o o ATIORNEYS FOR PLAINTIFF 4 9 CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the Order Appointing Receiver and Order of Reference was forwarded to Defendant, via certified mail, return receipt requested and regular mail on this ~ay of July, 2014, addressed as follows:

Via Regular Mail Debra V. JelUlings Debra V. Jennings, P.L.L.C. 14090 Southwest Freeway, Suite 300 Sugar Land, TX 77478

Confidential information may have been redacted from the document In compliance with the Public Information Act.

A Certified Copy Attest: 9/23/2014 Stan Stanart, County CJerk Harris County, Texas

---'%o!=--~~l---'._~ __'-"r_.~_-_-_ __ D epu ty

Huang N. Tmn

o o 2 o DOCUMENTS TO BE PRODUCED ·1 4 o 1. The most recent bank statements from any and all banks and Savings and Loan Associations. 9 1 2. Titles and bills ·of sale to all automobiles, airplanes, boats, motorcycles, trailers, trucks, and B other such vehicles owned by Respondents for the past two years. 1 o 3. Stock certificates, bonds or other securities owned by Respondents in privately held or 3 publicly traded companies or institutions for the past two years. 6 4. Receipts for office furniture and all other personal property owned by Respondents for the o past two years. o 5 o 5. All deeds for real estate in which Respondents or owned any interest for the past two years.

6. All residential and commercial leases to which Respondents a party or has been a party.

7. Any and all certificates of deposit or money market certificates owned by Respondents for the past two years.

8. Any and all promissory notes payable in whole or in part to Respondents for the past two years.

9. Any and all minute books, ledger, corporate records and resolutions pertaining to Respondents.

1D. Respondents'federai tax return for the past two years.

I 1. Any and all assumed name certificates under which Respondents do business.

12. Respondents' most recent balance sheet.

13. Respondents' most recent financial statement.

14. All documents evidencing a transfer of Respondents' property for the past four years.

15. Any and all contracts to which Respondents are a party or under which Respondents have any present or future rights.

EXHIBIT 1

RECOROER'S MEMORANOUM:

0'

AI the Umo r.cordoUon. !his 'n.'rumant wn lound 10 be Inod.quol. for Ih. b.11 photographIc ruprod uctlon becau.. ollll.glbUlIY. . o'bon or pMto copy, dlscolorod P"P a" etc. All blockouts, oddlUon •• nd enang., warft pc... nl 01 tho Urns \he lo,lrIImont WI. mid ond retl!rd.d.

Confidential information may have been redacted from the document in compliance with the Public Information Act.

A Certified Copy Attest: 9/23/2014 Stan Stanart, County Clerk Harris County, Texas

~~ .

_ _ _~ _ _~~_ _ _ _ _ _ _ _ _---,D cputy

Huang N. Tran

EXHIBIT C

FILE COPY

FOURTEENTH COURT OF APPEALS 301 Fannin, Suite 245 Houston, Texas 77002 Wednesday, May 20, 2015

RE: Case No. 14-14-00860-CV

Style: Debra V. Jennings, Esq. and Debra V. Jennings, P.L.L.C.

v. American Asset Finance, L.L.C.

Please be advised that on this date the Court GRANTED APPELLEE’S motion to extend time to file their brief in the above cause, time extended to and including Friday, June 12, 2015.

T. C. Case # 1030758-401 Christopher Prine, Clerk

Andrew Bennett Totz Totz, Elliison & Totz 2211 Norfolk, Suite 210 Houston, TX 77098 DELIVERED VIA E-MAIL

FOURTEENTH COURT OF APPEALS 301 Fannin, Suite 245 Houston, Texas 77002 Wednesday, May 20, 2015

RE: Case No. 14-14-00860-CV

Style: Debra V. Jennings, Esq. and Debra V. Jennings, P.L.L.C.

v. American Asset Finance, L.L.C.

Please be advised that on this date the Court GRANTED APPELLEE’S motion to extend time to file their brief in the above cause, time extended to and including Friday, June 12, 2015.

T. C. Case # 1030758-401 Christopher Prine, Clerk

Debra Vera Jennings Law Office of Debra Vera Jennings 6140 Highway 6 #269 Missouri City, TX 77459 DELIVERED VIA E-MAIL

EXHIBIT D

STATE OF TEXAS § §

COUNTY OF HARRIS §

AFFIDAVlT OF DEBRA V. JENNINGS

BEFORE ME, the undersigned authority, on this date personally

appeared Debra V. Jennings, who upon oath did depose and state as follows:

My name is Debra Jennings. I am over'the age of eighteen (18) years of

age and of sound mind and I am competent to make this affidavit. Every

statement cpntained herein is true and correct and based on my personal

knowledge. The personal knowledge Was acquired during the telephone

conference.

Today, at approximately 11: 15 am, I called the Clerk's office for the

14th Court of Appeals in a 3-way call with Stuart Starry (Tex. State Bar No,

19079050) and Mr. Starry and I asked the Clerk a number of questions

relating to the unique procedural state of affairs of this case. We informed

the Clerk that an "Appellee's Brief in Support of Motion to Dismiss Appeal"

was filed on the June 12,2015 and that the "Motion to Dismiss" was filed on

June 18, 2015, The clerk informed us that the document filed on June 12,

2014 was being treated as the Appeilee's Brief on the Merits and that

Appellant's reply brief was due 20 days from June 12. The clerk also

2

informed us that the "Motion to Dismiss" was to be treated as a separate

filing and she was unable to inform us of when the Court of Appeals would

rule on the "Motion to Dismiss." We informed the clerk that Texas Rule of

Appellate Procedure 10 did not allow. a ruling on such a motion until 10 days

had passed from the date of the filing, and she indicated such an

interpretation may be true, but that she did not know the answer and that we

would have to take it up with the Court.

tt-~ inningS

SWORN AND SUBSCRIBED BEFORE ME on this 22nd day of June, 2015.

l/f.A.l!3f;e; EttL-LL::L Print Name

t'!~7r~oZ);tS-- My Commission Expires

EXHIBIT E

CASE: 14­14­00860­CV DATE FILED:

10/23/2014

CASE TYPE:

UNKNOWN CIVIL CASE TYPE.

STYLE:

DEBRA V. JENNINGS, ESQ. AND DEBRA V. JENNINGS, P.L.L.C.

V.:

AMERICAN ASSET FINANCE, L.L.C.

ORIG PROC:

NO

TRANSFER FROM:

TRANSFER IN:

TRANSFER CASE:

TRANSFER TO:

TRANSFER OUT:

PUB SERVICE:

APPEL L AT E BRI EF S

DATE EVENT TYPE DESCRIPTION DOCUMENT

BRIEF [ PDF/1.10 MB ]

06/12/2015 BRIEF FILED ‐ ORAL ARGUMENT NOT REQUESTED APPELLEE NOTICE [ PDF/92 KB ]

BRIEF [ PDF/835 KB ]

04/21/2015 BRIEF FILED ‐ ORAL ARGUMENT REQUESTED APPELLANT NOTICE [ PDF/92 KB ]

04/21/2015 BRIEF RETURNED FOR NON‐COMPLIANCE WITH T.R.A.P. APPELLANT NOTICE [ PDF/65 KB ]

CASE EVENT S

DATE EVENT TYPE DESCRIPTION DISPOSITION DOCUMENT

MOTION TO DISMISS MOTON 06/18/2015 APPELLEE FILED [ PDF/120 KB ]

MOTION TO FILE MOTION 06/15/2015 AMENDED BRIEF APPELLANT [ PDF/69 KB ]

FILED MOTION FOR EXTENSION OF TIME MOTION 06/15/2015 APPELLANT TO FILE RESPONSE [ PDF/64 KB ] FILED

DOCUMENT NOTICE 06/15/2015 ATTORNEY RETURNED [ PDF/65 KB ]

BRIEF

BRIEF FILED ‐ ORAL [ PDF/1.10 MB ]

06/12/2015 ARGUMENT NOT APPELLEE NOTICE

REQUESTED

[ PDF/92 KB ]

06/12/2015 CASE READY TO BE SET APPELLEES BRIEF

06/12/2015 DUE

MOTION TO COMPEL MOTION 06/10/2015 APPELLEE FILED [ PDF/225 KB ]

MOTION FOR EXTENSION OF TIME NOTICE 06/10/2015 APPELLEE GRANTED TO FILE BRIEF [ PDF/94 KB ] DISPOSED

MOTION FOR MOTION 06/10/2015 EXTENSION OF TIME APPELLEE [ PDF/119 KB ]

TO FILE BRIEF FILED APPELLEES BRIEF

05/21/2015 DUE MOTION FOR EXTENSION OF TIME NOTICE 05/20/2015 APPELLEE GRANTED TO FILE BRIEF [ PDF/94 KB ] DISPOSED MOTION FOR MOTION 05/20/2015 EXTENSION OF TIME APPELLEE [ PDF/70 KB ]

TO FILE BRIEF FILED

BRIEF

BRIEF FILED ‐ ORAL [ PDF/835 KB ]

04/21/2015 ARGUMENT APPELLANT NOTICE

REQUESTED

[ PDF/92 KB ]

BRIEF RETURNED FOR NON‐ NOTICE 04/21/2015 APPELLANT COMPLIANCE WITH [ PDF/65 KB ] T.R.A.P. APPELLANTS BRIEF

04/20/2015 DUE

ORDER

[ PDF/82 KB ]

03/19/2015 ORDER ENTERED NOTICE

[ PDF/92 KB ]

APPELLANTS BRIEF

02/27/2015 DUE

02/02/2015 RESPONSE DUE APPELLANT 02/02/2015 CLERKS RECORD DUE COUNTY CLERK

CLERKS RECORD NOTICE 01/28/2015 APPELLANT FILED [ PDF/105 KB ]

NO PAYMENT ARRANGEMENTS NOTICE 01/16/2015 MADE WITH TRIAL APPELLANT [ PDF/93 KB ]

COURT CLERK FOR RECORD

LETTER

01/16/2015 LETTER FILED COUNTY CLERK [ PDF/103 KB ]

NOTICE OF LATE NOTICE 01/16/2015 COUNTY CLERK RECORD [ PDF/92 KB ]

01/15/2015 CLERKS RECORD DUE 01/15/2015 RECORD DUE

DOCKETING DOCKETING STATEMENT 12/03/2014 APPELLANT STATEMENT FILED [ PDF/2.62 MB ]

REPORTERS RECORD NOTICE 11/20/2014 APPELLANT FILED [ PDF/99 KB ]

11/17/2014 FEE PAID APPELLANT 11/17/2014 RESPONSE DUE APPELLANT DOCKETING

11/10/2014 APPELLANT STATEMENT DUE

MEDIATION

11/10/2014 DOCKETING APPELLEE STATEMENT DUE

PAST DUE COURT NOTICE 11/05/2014 APPELLANT FEE NOTICE [ PDF/106 KB ]

11/03/2014 COURT FEE DUE APPELLANT

COURT REPORTERS NOTICE TO COURT INFORMATION SHEET 10/28/2014 COURT REPORTER REGARDING STATUS [ PDF/187 KB ] OF RECORD

LETTER ISSUED BY NOTICE 10/24/2014 COURT REPORTER THE COURT [ PDF/99 KB ]

LETTER ISSUED BY NOTICE 10/24/2014 BOTH PARTIES THE COURT [ PDF/92 KB ]

CASE BEGAN IN LETTER OF ASSIGNMENT 10/23/2014 COURT OF APPEALS [ PDF/470 KB ]

MOTION FOR NEW

10/16/2014 TRIAL WAS FILED IN THE TRIAL COURT NOTICE OF APPEAL

10/16/2014 FILED IN TRIAL COURT

JUDGMENT SIGNED

09/17/2014 BY TRIAL COURT JUDGE

CAL ENDARS

SET DATE CALENDAR TYPE REASON SET

06/10/2015 MOTION MOTION TO COMPEL 06/12/2015 AT ISSUE AT ISSUE 06/15/2015 MOTION MOTION TO AMEND BRIEF EXTENSION OF TIME TO FILE 06/15/2015 MOTION RESPONSE OR REPLY

06/18/2015 MOTION MOTION TO DISMISS

PART I ES

PARTY PARTYTYPE REPRESENTATIVE

DEBRA V. JENNINGS, ESQ. AND APPELLANT DEBRA VERA JENNINGS DEBRA V. JENNINGS, P.L.L.C. AMERICAN ASSET FINANCE, L.L.C. APPELLEE ANDREW BENNETT TOTZ

T RI AL CO URT I NF O RM AT I O N

COURT:

CO CIVIL CT AT LAW NO 4

COUNTY:

HARRIS

COURT JUDGE:

HONORABLE JUDGE, COUNTY CIVIL COURT AT LAW NO. 4

COURT CASE:

1030758­401

COURT REPORTER:

KAREN S. BERNHARDT

PUNISHMENT:

EXHIBIT F

FILE COPY

FOURTEENTH COURT OF APPEALS 301 Fannin, Suite 245 Houston, Texas 77002 Friday, June 12, 2015

RE: Case No. 14-14-00860-CV

Style: Debra V. Jennings, Esq. and Debra V. Jennings, P.L.L.C.

v. American Asset Finance, L.L.C.

Please be advised that on this date APPELLEE’S brief was received and filed, ORAL ARGUMENT WAIVED. Appellant’s reply brief, if any, will be due twenty (20) days from today’s date.

T. C. Case # 1030758-401 Christopher Prine, Clerk

Andrew Bennett Totz Totz, Elliison & Totz 2211 Norfolk, Suite 210 Houston, TX 77098 DELIVERED VIA E-MAIL

FOURTEENTH COURT OF APPEALS 301 Fannin, Suite 245 Houston, Texas 77002 Friday, June 12, 2015

RE: Case No. 14-14-00860-CV

Style: Debra V. Jennings, Esq. and Debra V. Jennings, P.L.L.C.

v. American Asset Finance, L.L.C.

Please be advised that on this date APPELLEE’S brief was received and filed, ORAL ARGUMENT WAIVED. Appellant’s reply brief, if any, will be due twenty (20) days from today’s date.

T. C. Case # 1030758-401 Christopher Prine, Clerk

Debra Vera Jennings Law Office of Debra Vera Jennings 6140 Highway 6 #269 Missouri City, TX 77459 DELIVERED VIA E-MAIL

EXHIBIT G

36

..

CAUSE CAUSE NO.1030758-401

NO.

AMERICAN AMERICAN ASSET ASSET FINANCE, § FINANCE, INTHECOUNTY IN THE COUNTY COURT

COURT O

OFF

L.L.C., § §§ §§ ATLAWNO.FOUR(4)

AT LAW NO. FOUR (4)

§

VS. § §

§

§

DEBRAV. DEBRA V.JENNINGS, ESQ.AND JENNINGS, ESQ. AND §§ HARRISCOUNTY, HARRIS TEXAS

COUNTY, TEXAS

DEBRAV. DEBRA JENNINGS,P.L.L.C.

V. JENNINGS, P.L.L.C.

AFFIDAVIT OF AFFIDAVIT OF DEBRA DEBRA V. AND DEBRA JENNINGS ESQ. AND V. JENNINGS DEBRA V.

V.

P.L.L.C.

JENNINGS, P.L.L.C.

BEFORE ME, BEFORE the undersigned ME, the undersigned authority personally appeared Debra appeared Debra

Jennings, known Jennings, known to to be to me to be the person whose the person is subscribed name is

whose name subscribed in in the

the

foregoing instrument foregoing instrument and and acknowledge

acknowledge to that she to me that executed the she executed the same.

same. II

of sound am of sound mind and over the mind and of 18 the age of 18 years old.

old. II have

have never been

been

convicted of convicted of a felony felony and fully competent and II am fully competent to testify. II have to testify. have personal personal

of the

knowledge of knowledge facts stated the facts in this

stated in this affidavit and the facts and the stated herein facts stated herein are

true and correct. true and correct.

On about August On or about August 5, 5, 2014, appeared in

2014, II appeared court on a hearing in court regarding hearing regarding

an Application for Turnover Application for for the and for

Turnover and Appointment of the Appointment of a Receiver. (See, Receiver. (See,

Exhibit #2 Exhibit #2 Hearing transcript). The Hearing transcript). The court recessed the court recessed hearing to the hearing to take place take place

1

J

37

Auqust 5 5, 2014

Hearinq Au•ust 2014 11 ·s RECORD REPORTER REPORTER'S RECORD VOLUME 11 OF1 VOLUME OF 1 VOLUME

2 2 COURT TRIAL NO.1,030,758—401 VOLUME TRIAL COURT CAUSE NO. 1,030,758-401 ()

3

L.L.c.

ASSET

3 AMERICAN )

FINANCE,

INTHE

COUNTY OURT

CIVIL

AMERICAN ASSET FINANCE, ) IN THE COUNTY CIVIL ~OURT L.L.C. )

44 )

vs. ) AT AT LAW

LAW NUMBERFOUR

NUMBER FOUR (4)

5

DEBRA ESQ.

V.JENNINGS, DEBRA V. JENNINGS, ESQ.

} )

6 and DEBRA DEBRA v.

V. JENNINGS,

() "]

P.L.L.C. HARRIS COUNTY, T E xXAA s S ) HARRIS

r: . 789 7

8

PLAINTIFF’S

9

AND

FOR FOROF AFTER

TURNOVER

APPLICATION

PLAINTIFF'S APPLICATION FOR TURNOVER AFTER JUD~ENT

10 10 AND FOR APPOINTMENT OF RECEIVER

11 11

12 12 13 13 On On the

the Sth

5th day ofof August, 2014, the followi 2014, the g

followi~g

above—entit1ed

14 14 proceedings came on toto be came on held inin the be held the above-entitled 15 and 15 the

before cause

and numbered cause before the Honorable Roberta A.

Roberta

Judge Presiding, held in Harris 16 16 Lloyd, Judge Presiding, held in Houston, Houston, Harris

County,

17 17 County, Texas.

Texas.

18 Proceedings reported by computerized 18 Proceedings reported by computerized stenotype 19 machine. 19 machine. 202122 20

21

22 23 23

24 25KAREN 25 S. BERNHARDT, C.S.R.

KAREN S. BERNHARDT, C.S.R.

368-6678

(713) 368-6678

EXHIBIT H

II'

, -

~ 0 ! .,' ,.1<

j 0 3 1 .,, 1 -> ". ~=j IN mE COUNTY COURT OF

4, L.L.C., , 0n AT LAW NO. FOUR (4) 'J 2 VS. 6

DEBRA V• .IENNINGs. ESQ. AND HARRIS COUNTY, TEXAS DEBRA V. JENNINGS, P.L.L.C. ,;:;,,',,;:;,[i,1:;, ,

7f" :<::

BEFORE ME, the undeF~Ig\l,edi~thority personally appeared Debra to;! ,',_:::'

Jennings, known to me to be t4~ perso!,\,: whose name is subscnbed in the

foregoing instrument and, acknole'd$~~me that she executed ~e same. I

am of sound mind and over th~,,~:y,fc~18 ,"'.'

years old. I have never been '",' ,-,',",",'

-~-

convicted of a felony and I am ~Uy competent to testify. 1 have personal --'<~

knowledge of the facts stated in ~~il~~it and the facts stated herein are

true and correct.

On or about August 5, 2014, a2R~!l!ed '!:::::~);:~';<>-;-;>--

in court on a hearing. regarding an Application for Turnover and t9~.!ll~4~pointroent, of a Rec~iver. (See• . '?:,~:/'~;:~-~;--:;";' "

o I

i

on September 16, 2014.

,

(See, Exhibit #2, page 16,HearinglI transcript). I 4 '; I appeared in court, opposing counsel was not present, nor wruj the judge or !

r

any witness in the court. No hearing took place, no witness was present, no

I

evidence offered in my case. The court coordinator advised m1 that nothing

I

o , was on scheduled. I left the court. The court hearing schedule ~oes not have o c/~fP'

,

;li~~~;;~~~~n its docket for September 16, 2014 or any other day !

"'i~e~~r~",hMY property consists of personal property and a '[chicle which

t

\;q;~~~:;';;r /~~~~~' '-,<-:" - . I is all ex~ptpr9~.. 1 do not own any non·exempt property.

'1 ; ,"~ <r~"",

I

<;r{;1)- '/::::.l ' ~:'_-"_'/> lI Days latet, I learneditlie court signed orders Appointing a Receiver and '_;:::,,;~~rv ;;~:,,:~;;?il:~t>_, -. .!

turnover, affecting m1'i;i~~ withoutciHt~ recessed hearing of S~ptember 16, ':j~:>, ""i""I" !

2014 ever being conducted. (See;.~: # 2 ~ing transcript) i

The documents attached here~:ei~~d~t copies originals o~the which were made on or about the tiihel;",ireflected thereij:! and were maintained in the ordinary course of my busfu~s. ' , !i , •""t ,

The statements contained herein are within my p~naJ'~~edge d bel' f d and correct.

' c : , ' "'Wi'i)'1

an Ie an are true ' I i i ' , , ! ' t¥)' jil Further, Affiant sayeth not. T11;;j~"';;;""~I'~b<i SUBSCRIBED TO AND SWORN UNDER OATH on ~s October, 201 .' I \

~lIfI"'I~

(r~'

i

\\~~~'li ~ .'. ~"i.i' J;.-

I , ,.-1 '10.,.", /: lll•••• ~!' :$'

11:~'" ,,",

M( ,QyU.I1'I;"""', ~ 'l'Kf'v'6 ((/?P:j?JtJ6 "fr /lilll!",'!"

I 2 o 1 4, , () 3 I 'I 2 5 4 o o 4 f.i :'

II

RECORDER'S M!MOAANDUM:

At tn. time of recordatIon, this !nstrumant wal 'I ,

found 10 be Inadfilquate for the best photographlo L reproduotlon b8¢SUUIJ: of 1!leglblllty, t:arbon or photo cop),. cn8colored peper. etc. All blockouta, addiUone ,nd cbanges WEtre pr8l!1ant at the UtM _ed.

... lna1rUment .... fllOd IIIld

\lI24/2014

. f

EXHIBIT I

Law Offices of

Debra V. Jennings, P.L.L.G.

6140 HJVY 6, # 269

Missouri City, Te.t:as 77459 832-230-4455 or 4456 1832-442-3700 fax

Email: lawyerdvi@vahoo.com

June 22, 2015

Mr. Joshua Alegria Clerk of the County Civil Court at Law 201 Caroline, 3rd Floor Houston, Texas 77459

RE: Clerk's Record

RE: Cause No. 1030758-401 American Asset Finance, L.L.C. v. Debra V. Jennings, Esq. and Debra V. Jennings, P.L.L.C., In the County Court at Law No. Four (4) of Harris County, Texas

Dear Mr. Alegria,

It has come to my attention that a number of documents which were filed in this cause were not included in the Clerk's Record filed with the 14th Court of Appeals in this matter.

I have identified the following documents as missing:

1. Motion to Stay and Protection, missing exhibits are:

#1, Affidavit of Timothy Foley dated Oct. 1,2010;

# 2, Cancelled Check in the amount of $8,000 signed over to American Asset, Finance, L.L.C;

3. Order and Peititon for Approval of Settlement signed by Judge Kilgore in Mississippi;

4. County court at Law Number 4'8 hearing and submission schedule on 91 17/2015-9/19/2015

5. All Pleadings, orders and exhibits filed in County Court at Law #4, after January 28, 2015.

For your convenience I have attached copies of the documents requested from my file. If you have trouble locating them, please contact me. Otherwise, I will expect that the Clerk's Record will be supplemented with the above listed documents within 10 days from the date ofthis letter.

Enclosure

EXHIBIT J

14th CO~ILED IN

NO. 14-14-00860-CV

~r",~!p~~~EAlS

JUN l!5 2J15

IN THE COURT OF APPEALS

FOR THE FOURTEENTH DISTRICT NO HOUSTON, TEXAS ID lNDIG£Mr ~iI...

___ _ __ ""11!0 NO -

DEBRA JENNINGS, ESQ. AND DEBRA JENNINGS, P.L.L.C ..

Appellant,

v.

AMERICAN ASSET FINANCE, L.L.C.,

Appellee,

ON APPEAL FROM THE COUNTY CIVIL COURT AT LAW, COURT 4 OF HARRIS COUNTY, TEXAS; Cause No. 1030758 and 1030758-401

MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'S AMENDED AND/ OR SUPPLEMENTAL BRIEF

Appellant, Debra Jennings, P.L.L.C. and Debra Jennings Esq. files this motion for extension of time to

file their Amended and/or Supplemental Brief and in support will show:

1. The current deadline for Appellant to file their Amended and Supplemental Brief in reply to the

Appellee's Brief is on or about July 2,2015.

2. Appellant requests a 21 day extension to file their reply brief as an Amended and Supplemental

Brief to July 23,2015.

3. Appellant, an attorney requires additional time to review all records and complete the research

necessary to file a response to the Motion to dismiss. Currently, appellant is responding to a summary

2

judgment motion pending in federal court in Civil Action No. 3:13-cv-00456; Robert Green v. Brazos

port Independent School District, In the United States District Court for the Southern District of Texas,

Galveston, Division and will request leave of court to file a sur-reply to a summary judgment in Civil

Action No. 4:14-cv-Ol086 Ralph James v. Crate & Barrel, Inc., in the United States District Court for the

southern District of Texas, Houston Division.

4. There have been no previous requests for extensions by appellant. A contemporaneous request for

extension has been separately filed the same day this request is being made.

WHEREFORE, appellant requests the court to extend the time for filing of Appellant's reply brief:

Amended and! or Supplemental Brief to July 23, 2015 and grant Appellant all relief in law and equity to

which it is entitled.

submitted,

lawyerdvj@yahoo.com

6140 HWY 6, #269

Missouri City, Texas 77459

Telephone: (832) 230-4455

Facsimile: (1832) 442-3700

APPELLANT

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above extension of Time to File Amended or Supplemental Brief (Reply Brief) was served on Appellee through its counsel, via facsimile on the 15th day of June, 2015, as follows:

Via Facsimile No. 713-275-0306 r~ Andrew B. Totz

3

22111 Norfolk, Suite 510

Houston, Texas 77098 2015, as follows:

Via Facsimile No. 713-275-0306

Andrew B. Totz

22111 Norfolk, Suite 510

Houston, Texas 77098

EXHIBIT K

ACCEPTED

14-14-00860-CV

FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 6/10/2015 1:17:36 PM CHRISTOPHER PRINE

CLERK

NO. 14-14-00860-CV

FILED IN

14th COURT OF APPEALS

IN THE COURT OF APPEALS HOUSTON, TEXAS FOURTEENTH DISTRICT OF TEXAS 6/10/2015 1:17:36 PM AT HOUSTON, TEXAS CHRISTOPHER A. PRINE Clerk

DEBRA V. JENNINGS, ESQ. and DEBRA V. JENNINGS, P.L.L.C.

Appellant

v.

AMERICAN ASSET FINANCE, L.L.C.

Appellee

ON APPEAL FROM THE COUNTY COURT LA W NO. FOUR OF HARRIS COUNTY, TEXAS TRIAL CAUSE NO. 1030758-401

APPELLE'S MOTION and REOUEST TO COMPEL APPELLANTS' TO TURNOVER EXHIBITS

Appellee, American Asset Finance, L.L.C., files this Motion to Compel Appellants' to Turnover Exhibits and in support say as follows:

1. Appellants' filed their brief on April 21, 2015 and reference Exhibits but they are not attached to

the Appellants' brief and the Appellant will not provide them to the Appellee, despite a request by mail,

email and fax, see Exhibit 1.

WHEREFORE, Appellee requests the Court to Order the Appellants' to turnover said Exhibits

within five (5) days from the date of this Motion and grant Appellee all other relief at law or in equity to

which the court deems they may be justly entitled.

Respectfully submitted,

TOTZ ELLISON & TOTZ, P.e.

By:

~

ANDREW B. TOTZ TBA # 24004958 2211 Norfolk, Suite 510 Houston, Texas 77098 Phone: 713-275-0305 Fax: 713-275-0306 Email: atotz@tetlegal.com

ATTORNEYS FOR APPELLEE

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above Motion to Compel Appellants' to Turnover Exhibits was served on Appellants' through its counsel, via facsimile on the l'b day of June, 2015, as follows:

Via Facsimile No. 1-8321442-3700 Debra V. Jennings Debra V. Jennings, P.L.L.C. 14090 Southwest Freeway, Suite 300 Sugar Land, TX 77478

ANDREW B. TOTZ

LAW OFFICES

TOTZ ELLISON & TOTZ, P. c.

2211 Norfolk, Suite 5\0

Andrew B. Totz Houston, Texas 77098 Direct Dial: 713-275-0305 Email : atotz@tetlega1.com Direct Fax: 713-275-0306

June 3, 2015

Via Fax 1-832-442-3700 and Emaillawyerdvj@yahoo.com Debra V Jennings Debra V Jennings, PLLC 6140 Hwy 6, #269 Missouri City, Tx 77459

RE: Case No. 14-14-00860-CV - Jennings vAmerican Asset finance, LLC. In the Court of Appeals for the Fourteenth District, Houston, texas

Dear Ms. Jennings:

In your appellate brief, you certify that your brief "is supported by competent evidence included in the accompanying record and attached appendix." You fUlther refer to "Exhibits" in your brief. Neither the record, the appendix nor the exhibits were supplied to us. Please forward those documents immediately. We cannot respond to your brief without them. Thank you.

verytr~/ ANDREW TOTZ

ABT/dl PLAINTIFF'S EXHIBIT

I \

06/03/2015 10:03 FAX 713 275 0304 Totz Ellison & Totz, PC 1410001

********************* *** TX REPORT *** *****.*•••••• *••••• **

TRANSMISSION OK

TXlRX NO 4050 RECIPIENT ADDRESS 98324423700 DESTINATION ID ST. TIME 06/03 10:02 TIME USE 00'40 PAGES SENT 1 RESULT OK

LAwOmCES

TOTZ ELLISON & TOTZ, P. c.

2211 Norfolk, Suite 510

Andrew B. Totz Direct Dial: 713-275-0305 Houston, Texas 77098

Email: atotz@tetlegal.com Direct Fax; 713-275-0306

June 3, 2015

Via Fax 1-832-442-3700 and Emaillawyerdvj@Yahoo.com Debra V Jennings Debra V Jennings, PLLC 6140 Hwy 6, #269 Missouri City, Tx 77459

RE: Case No. 14-14-00860-CV - Jennings vAmerican Asset finance, LLC. In the Court of Appeals for the Fourteenth District, Houston, texas

Dear Ms. Jennings:

In your appellate brief, you certify that your brief "is supported by competent evidence included in the accompanying record and attached appendix." You further refer to "Exhibits" in your brief. Neither the record, the appendix nor the exhibits were supplied to us. Please forward those documents immediately. We cannot respond to your brief without them. Thank you.

Very~'

\ '--

ANDREW TOTZ

, ,WOFFICES

TOTZ ELLISON & TOTZ, P.C. Hasler 06/0312015

2211 NORFOLK, SUITE 510 US POSTAGE-

HOUSTON, nXAS 77098

ADDRESS SERVICE REQUESTED

Debra V Jennings Debra V Jennings, PLLC 6140 Hwy 6, #269

.. Missouri City, Tx 77459

I

..- .. .../

Andrew Totz

From: Andrew Totz Sent: Wednesday, June 03, 2015 10:03 AM To: 'Debra Jennings' Subject: 0=88376 AMERICAN ASSET FINANCE VS JENNINGS ET AL APPEAL Attachments: 4089_001.pdf

Ms. Jennings- As you know, we have not received a copy of your exhibits that were referenced in your brief. Please see the attached letter that requests the exhibits. The letter was also faxed and directed to you in the mail. I will await your immediate reply.

Andrew

Andrew Totz Totz Ellison & Totz, P.C. 2211 Norfolk St.. Suite 510 Houston, Texas 77098 Direct:(713)275-0305 Fax:(713)275-0306 Main:(713)275-0303 Email:atotz@tetlegal.com

EXHIBIT L

ACCEPTED

14-14-00860-CV

FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 6/10/2015 1:16:26 PM CHRISTOPHER PRINE

CLERK

NO. 14-14-00860-CV

FILED IN

14th COURT OF APPEALS

IN THE COURT OF APPEALS HOUSTON, TEXAS FOURTEENTH DISTRICT OF TEXAS 6/10/2015 1:16:26 PM AT HOUSTON, TEXAS CHRISTOPHER A. PRINE Clerk

DEBRA V. JENNINGS, ESQ. and DEBRA V. JENNINGS, P.L.L.C.

Appellant

v.

AMERICAN ASSET FINANCE, L.L.C.

Appellee

ON APPEAL FROM THE COUNTY COURT LA W NO. FOUR OF HARRIS COUNTY, TEXAS TRIAL CAUSE NO. 1030758-401

MOTION FOR EXTENSION OF TIME TO FILE APPELLE'S BRIEF

Appellee, American Asset Finance, L.L.c., files this motion for extension oftime to file their brief and in supp0l1 say as follows:

I. The present deadline for Appellee to file their reply brief is June 12, 2015.

2. Appellee requests a 21-day extension to file its reply brief to July 3,2015. Additional time is necessary to prepare a brief.

3. This Motion is made in good faith , and not merely for purposes of delay.

WHEREFORE, Appellee requests the court to extend the time for filing of their brief to July 3,

2015, and grant Appellee all other relief at law or in equity to which the court deems they may be justly

entitled .

Respectfully submitted,

TOTZ ELLISON & TOTZ, P.C.

By:

ANDREW B. TOTZ TBA # 24004958 2211 Norfolk, Suite 510 Houston, Texas 77098 Phone: 713-275-0305 Fax: 713-275-0306 Email: atotz@tetlegal.com

ATTORNEYS FOR APPELLEE

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above Motion for Extension of Time to File Appellee's Brief was served on Appellants' through its counsel, via facsimile on the ----'2- day of June, 2015, as follows:

Via Facsimile No. 1-8321442-3700 Debra V. Jennings Debra V. Jennings, P.L.L.C. 14090 Southwest Freeway, Suite 300 Sugar Land, TX 77478

ANDREW B. TOTZ

EXHIBIT M

///FILEDIN

14tjl/S9.~!t~R'=-~r.~EALS

, .(;' ), UN

"

15 2015

FUS I ut-'HEI1 A. PRINE

CLERK

NO. 14-14-00860-CV

IN THE COURT OF APPEALS

FOR THE FOURTEENTH DISTRIC~ i,D III1CmPr

YJrS

• N-O----

HOUSTON, TEXAS

DEBRA JENNINGS, ESQ. AND DEBRA JENNINGS, P.L.L.c.

Appellant,

v.

AMERICAN ASSET FINANCE, L.L.C.,

Appellee,

ON APPEAL FROM THE COUNTY CIVIL COURT AT LAW, COURT 4 OF HARRIS COUNTY, TEXAS; Cause No. 1030758 and 1030758-401

MOTION FOR EXTENSION OF TIME TO FILE RESPONSE IN OPPOSITION TO THE MOTION TO DISMISS

Appellant, Debra Jennings, P.L.L.C. and Debra Jennings Esq. files this motion for extension of time to

file their Response in Opposition to the Motion to Dismiss and in support will show:

1. The current deadline for Appellant to file their response to the Motion to Dismiss is on or about

June 22, 2015.

2. Appellant requests a 10 day extension to file their response to the motion to dismiss to July 2,

2015.

3. Appellant, an attorney requires additional time to review all records and complete the research

necessary to file a response to the Motion to dismiss. Currently, appellant is responding to a summary

judgment motion pending in federal court in Civil Action No. 3:13-cv-00456; Robert Green v. Brazos

port Independent School District, In the United States District Court for the Southern District of Texas,

Galveston, Division and will request leave of court to file a sur-reply to a summary judgment in Civil

Action No. 4:14-cv-Ol086 Ralph James v. Crate & Barrel, Inc., in the United States District Court for the

southern District of Texas, Houston Division.

4. There have been no previous requests for extensions by appellant.

WHEREFORE, appellant requests the court to extend the time for filing of Appellant's Response in

Opposition to the Motion to Dismiss to July 2,2015 and grant Appellant all relief in law and equity to

which it is entitled.

!/ll

p ctfully submi.-.tt,::::ed;...,_ _.....

e ra V. Jennings

lawyerdvj@yahoo.com

6140 HWY 6, #269

Missouri City, Texas 77459

Telephone: (832) 230-4455

Facsimile: (1832) 442-3700

APPELLANT

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy ofthe above extension of Time to File Response to the Motion to Dismiss was served on Appellee through its counsel, via facsimile on the 15th day of June, 2015, as follows:

Via Facsimile No. 713-275-0306

Andrew B. Totz

3

•

22111 Norfolk, Suite 510

Houston, Texas 77098