ACCEPTED 03-14-00725-CV 3918372 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/27/2015 3:12:26 PM JEFFREY D. KYLE CLERK
CAUSE NO. 03-14-00725-CV FILED IN 3rd COURT OF APPEALS INTHE AUSTIN, TEXAS THIRD COURT OF APPEALS 1/27/2015 3:12:26 PM AUSTIN, TEXAS JEFFREY D. KYLE Clerk
GEORGE GREEN By Power of Attorney for Father Garlan Green Appellants
vs. PORT OF CALL HOMEOWNERS ASSOCIATION, RANDOLPH HARIG, NANCY CAROTHERS, PHILLIP JACOBS, JOHN ROSS BUCHHOLTZ AND RICHARD PAT MCELROY
Appellee
On Appeal from the 33Ro DISTRICT COURT of LLANO COUNTY, TEXAS
APPELLEES' AGREED MOTION TO EXTEND TIME TO FILE BRIEF
TO THE HONORABLE THIRD COURT OF APPEALS:
NOW COME PORT OF CALL HOMEOWNERS ASSOCIATION,
RANDOLPH HARIG, PHILLIP JACOBS, JOHN ROSS BUCHHOLTZ AND
RICHARD PAT MCELROY ("Appellees"), filing their Agreed Motion to Extend
Time to File Brief, and would show unto this Court as follows: A. PARTIES
1. Appellant Garlan Green was a member of the Port of Call Homeowners
Association (HOA). Garlan Green has passed away. (Ex. A).
2. Appellant George Green is Garlan's son and has represented him in this suit
by a Power of Attorney. (CR 136).
3. Appellees are the HOA and individual board members.
B. INTRODUCTION
4. While subject to further discovery, the case involves claims against the
Appellees claiming they violated the organizational documents of the
Homeowners' Association for breach of contract, the Property Code, and a breach
of fiduciary duty. Appellants seeking review of an order they claim to be an
injunction filed this Appeal. They base the appeal §51.014(a)(4) and Chapter 65 of
the Texas Civil Practice and Remedies Code. Appellees understand the Order
from which Appellants seek relief is a discovery sanction. Wood v Moriarty, 940
S.W.2d 359 (Tex. App-Dallas, 1997, no pet.)
c. PROCEDURAL HISTORY
5. In the trial court, a motion was filed by the Appellees seeking protection
from Appellant George Green's discovery actions. (CR 114-130) After an order for
protection was granted, Appellant George Green continued conduct Appellees
-2- believed subject to the order of protection. Thus, Appellees filed a Motion to
Enforce the Order. (CR 153). A hearing was held on that Motion on October 14,
2014. (CR 175) The Judge granted the Motion to Enforce the Protective Order and
entered an Order on October 21, 2014. (CR 175) 1 That is the order that is the
subject of this appeal.
6. After that Order was entered, George Green advised that he disagreed with
the Order, came to meetings of the Association and participated in those meetings
(Ex. A). Appellees agree that the Order does not prevent him from attending or
speaking at those meetings.
D. EXTENSION OF DATE TO FILE BRIEF REQUESTED
7. The parties are discussing possible modification of the Order at issue in the
trial court. Such action may moot this appeal. Moreover with Garlan Green's
death, Appellees believe the Power of Attorney may be nullity and a representative
of his Estate must be named to pursue his case.
9. Under these circumstances, Appellees pray the Court grant this Motion and
extend its deadline to file a brief for thirty (30) days until March 5, 2015.
10. Appellants' counsel has agreed to this extension.
1 A copy of that Order was also attached to Appellant's Docketing Statement.
-3- E. CONCLUSION
WHEREFORE, PREMISES CONSIDERED, Appellees pray that the Court
of Appeals for the Third District of Texas at Austin extend the deadline for filing
of Appellees' brief for thirty (30) days until March 5, 2015, and further pray for
further relief that they may be justly entitled to at law or in equity.
Respectfully submitted,
WRIGHT & GREENHILL, P.C. 221 W. 6th Street, Suite 1800 Austin, Texas 78701 5121476-4600 5121476-5382 (Fax) rpringle@w-g.com hcoughlin@w-g.com mthompson@w-g.com
Isl Mike Thompson, Jr. By: _ _ _ _ _ _ _ _ __ Brantley Ross Pringle, Jr. State Bar No. 16330001 Heidi A. Coughlin State Bar No. 24059615 Mike Thompson, Jr. State Bar No. 19898200
ATTORNEYS FOR APPELLEES PORT OF CALL HOMEOWNERS ASSOCIATION, RANDOLPH HARIG, PHILLIP JACOBS, JOHN ROSS BUCHHOLTZ AND RICHARD PAT MCELROY
-4- CERTIFICATE OF CONFERENCE
Appellant agrees to a 30-day extension of the deadline for Appellees to file their brief.
NOTICE OF ELECTRONIC FILING
The undersigned counsel certifies that on 27'h day of January, 2015, he has electronically filed the foregoing document with the Third Court of Appeals Austin, Texas, Clerk's Office using the electronic filing system through ProDoc efiling2 and counsel will send notification of such filing to Mr. David Junkin and Mr. L. Hayes Fuller, III.
-5- CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing has been served on the following via facsimile or certified mail, return receipt requested, in accordance with the Texas Rules of Civil Procedure, on this 27'h day of January, 2015.
David Junkin LAW OFFICE OF DA YID JUNKIN P. 0. Box 2910 Wimberley, TX 78676
L. Hayes Fuller, III NAMAN HOWELL SMITH & LEE, P.L.L.C 400 Austin Avenue, Suite 800 P. 0. Box 1470 Waco, TX 75703-1470 Isl Mike Thompson, Jr.
Brantley Ross Pringle, Jr. Heidi Coughlin Mike Thompson, Jr.
-6- Exhibit A CAUSE NO. 03-14-00725-CV
IN THE THIRD COURT OF APPEALS AUSTIN, TEXAS
GEORGE GREEN By Power of Attorney for Father Garlan Green Appellant
vs. PORT OF CALL HOMEOWNERS ASSOCIATION, RANDOLPH HARIG, NANCY CAROTHERS, PHILLIP JACOBS, JOHN ROSS BUCHHOLTZ AND RICHARD PAT MCELROY
Appellee
On Appeal from the 33Ro DISTRICT COURT of LLANO COUNTY, TEXAS
AFFIDAVIT OF HEIDI COUGHLIN, LEGAL NAME HEIDI VAN REET
BEFORE ME, the undersigned notary, personally appeared Heidi Coughlin,
the Affiant, a person whose identity is known to me. After I administered an oath,
Affiant testified as follows:
1. "My name is Heidi Coughlin. I am over 18 years of age, of sound mind, and capable of making this Affidavit. The facts stated in this Affidavit are within my personal knowledge and are true and correct. 2. "I have reviewed the Docket Sheet for this case, my pleadings file and the Appellee' s Motion to Dismiss Appellant's Appeal for Lack of Jurisdiction and can state the following from that review.
3. "The Order attached to the Plaintiff's Notice of Intent to Appeal is a true and correct copy of the Order that was entered by the Court in response to Appellees' Motion for Enforcement of the Protective Order.
4. "Attachment 1 to this Affidavit is a true and correct copy of the Motion for Enforcement of the Protective Order that was filed on behalf of my clients.
5. "During the course of this litigation, Appellant had made and continued to make written and verbal requests for information from the Homeowner's Association on an almost weekly basis. Frequently, new requests for updated information were made while outstanding requests were being responded to. Furthermore, Appellant repeatedly requested documents and information that had been previously produced to him. The requests were creating a unique burden on the Homeowner's Association to respond and the requests were unreasonable.
6. "Accordingly, on behalf of our clients, we filed the initial Motion for Protective Order requesting that the Court enter an Order to manage Appellant's request for information from Appellees and to provide reasonable discovery during the pendency of the litigation.
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ACCEPTED 03-14-00725-CV 3918372 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/27/2015 3:12:26 PM JEFFREY D. KYLE CLERK
CAUSE NO. 03-14-00725-CV FILED IN 3rd COURT OF APPEALS INTHE AUSTIN, TEXAS THIRD COURT OF APPEALS 1/27/2015 3:12:26 PM AUSTIN, TEXAS JEFFREY D. KYLE Clerk
GEORGE GREEN By Power of Attorney for Father Garlan Green Appellants
vs. PORT OF CALL HOMEOWNERS ASSOCIATION, RANDOLPH HARIG, NANCY CAROTHERS, PHILLIP JACOBS, JOHN ROSS BUCHHOLTZ AND RICHARD PAT MCELROY
Appellee
On Appeal from the 33Ro DISTRICT COURT of LLANO COUNTY, TEXAS
APPELLEES' AGREED MOTION TO EXTEND TIME TO FILE BRIEF
TO THE HONORABLE THIRD COURT OF APPEALS:
NOW COME PORT OF CALL HOMEOWNERS ASSOCIATION,
RANDOLPH HARIG, PHILLIP JACOBS, JOHN ROSS BUCHHOLTZ AND
RICHARD PAT MCELROY ("Appellees"), filing their Agreed Motion to Extend
Time to File Brief, and would show unto this Court as follows: A. PARTIES
1. Appellant Garlan Green was a member of the Port of Call Homeowners
Association (HOA). Garlan Green has passed away. (Ex. A).
2. Appellant George Green is Garlan's son and has represented him in this suit
by a Power of Attorney. (CR 136).
3. Appellees are the HOA and individual board members.
B. INTRODUCTION
4. While subject to further discovery, the case involves claims against the
Appellees claiming they violated the organizational documents of the
Homeowners' Association for breach of contract, the Property Code, and a breach
of fiduciary duty. Appellants seeking review of an order they claim to be an
injunction filed this Appeal. They base the appeal §51.014(a)(4) and Chapter 65 of
the Texas Civil Practice and Remedies Code. Appellees understand the Order
from which Appellants seek relief is a discovery sanction. Wood v Moriarty, 940
S.W.2d 359 (Tex. App-Dallas, 1997, no pet.)
c. PROCEDURAL HISTORY
5. In the trial court, a motion was filed by the Appellees seeking protection
from Appellant George Green's discovery actions. (CR 114-130) After an order for
protection was granted, Appellant George Green continued conduct Appellees
-2- believed subject to the order of protection. Thus, Appellees filed a Motion to
Enforce the Order. (CR 153). A hearing was held on that Motion on October 14,
2014. (CR 175) The Judge granted the Motion to Enforce the Protective Order and
entered an Order on October 21, 2014. (CR 175) 1 That is the order that is the
subject of this appeal.
6. After that Order was entered, George Green advised that he disagreed with
the Order, came to meetings of the Association and participated in those meetings
(Ex. A). Appellees agree that the Order does not prevent him from attending or
speaking at those meetings.
D. EXTENSION OF DATE TO FILE BRIEF REQUESTED
7. The parties are discussing possible modification of the Order at issue in the
trial court. Such action may moot this appeal. Moreover with Garlan Green's
death, Appellees believe the Power of Attorney may be nullity and a representative
of his Estate must be named to pursue his case.
9. Under these circumstances, Appellees pray the Court grant this Motion and
extend its deadline to file a brief for thirty (30) days until March 5, 2015.
10. Appellants' counsel has agreed to this extension.
1 A copy of that Order was also attached to Appellant's Docketing Statement.
-3- E. CONCLUSION
WHEREFORE, PREMISES CONSIDERED, Appellees pray that the Court
of Appeals for the Third District of Texas at Austin extend the deadline for filing
of Appellees' brief for thirty (30) days until March 5, 2015, and further pray for
further relief that they may be justly entitled to at law or in equity.
Respectfully submitted,
WRIGHT & GREENHILL, P.C. 221 W. 6th Street, Suite 1800 Austin, Texas 78701 5121476-4600 5121476-5382 (Fax) rpringle@w-g.com hcoughlin@w-g.com mthompson@w-g.com
Isl Mike Thompson, Jr. By: _ _ _ _ _ _ _ _ __ Brantley Ross Pringle, Jr. State Bar No. 16330001 Heidi A. Coughlin State Bar No. 24059615 Mike Thompson, Jr. State Bar No. 19898200
ATTORNEYS FOR APPELLEES PORT OF CALL HOMEOWNERS ASSOCIATION, RANDOLPH HARIG, PHILLIP JACOBS, JOHN ROSS BUCHHOLTZ AND RICHARD PAT MCELROY
-4- CERTIFICATE OF CONFERENCE
Appellant agrees to a 30-day extension of the deadline for Appellees to file their brief.
NOTICE OF ELECTRONIC FILING
The undersigned counsel certifies that on 27'h day of January, 2015, he has electronically filed the foregoing document with the Third Court of Appeals Austin, Texas, Clerk's Office using the electronic filing system through ProDoc efiling2 and counsel will send notification of such filing to Mr. David Junkin and Mr. L. Hayes Fuller, III.
-5- CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing has been served on the following via facsimile or certified mail, return receipt requested, in accordance with the Texas Rules of Civil Procedure, on this 27'h day of January, 2015.
David Junkin LAW OFFICE OF DA YID JUNKIN P. 0. Box 2910 Wimberley, TX 78676
L. Hayes Fuller, III NAMAN HOWELL SMITH & LEE, P.L.L.C 400 Austin Avenue, Suite 800 P. 0. Box 1470 Waco, TX 75703-1470 Isl Mike Thompson, Jr.
Brantley Ross Pringle, Jr. Heidi Coughlin Mike Thompson, Jr.
-6- Exhibit A CAUSE NO. 03-14-00725-CV
IN THE THIRD COURT OF APPEALS AUSTIN, TEXAS
GEORGE GREEN By Power of Attorney for Father Garlan Green Appellant
vs. PORT OF CALL HOMEOWNERS ASSOCIATION, RANDOLPH HARIG, NANCY CAROTHERS, PHILLIP JACOBS, JOHN ROSS BUCHHOLTZ AND RICHARD PAT MCELROY
Appellee
On Appeal from the 33Ro DISTRICT COURT of LLANO COUNTY, TEXAS
AFFIDAVIT OF HEIDI COUGHLIN, LEGAL NAME HEIDI VAN REET
BEFORE ME, the undersigned notary, personally appeared Heidi Coughlin,
the Affiant, a person whose identity is known to me. After I administered an oath,
Affiant testified as follows:
1. "My name is Heidi Coughlin. I am over 18 years of age, of sound mind, and capable of making this Affidavit. The facts stated in this Affidavit are within my personal knowledge and are true and correct. 2. "I have reviewed the Docket Sheet for this case, my pleadings file and the Appellee' s Motion to Dismiss Appellant's Appeal for Lack of Jurisdiction and can state the following from that review.
3. "The Order attached to the Plaintiff's Notice of Intent to Appeal is a true and correct copy of the Order that was entered by the Court in response to Appellees' Motion for Enforcement of the Protective Order.
4. "Attachment 1 to this Affidavit is a true and correct copy of the Motion for Enforcement of the Protective Order that was filed on behalf of my clients.
5. "During the course of this litigation, Appellant had made and continued to make written and verbal requests for information from the Homeowner's Association on an almost weekly basis. Frequently, new requests for updated information were made while outstanding requests were being responded to. Furthermore, Appellant repeatedly requested documents and information that had been previously produced to him. The requests were creating a unique burden on the Homeowner's Association to respond and the requests were unreasonable.
6. "Accordingly, on behalf of our clients, we filed the initial Motion for Protective Order requesting that the Court enter an Order to manage Appellant's request for information from Appellees and to provide reasonable discovery during the pendency of the litigation. The Court entered such an Order on August 14, 2014.
7. "Subsequent to the August Order of Protective, Appellant made additional written requests for information to Appellees despite the terms of the Court order.
8. "As a result, Appellees filed their Motion to Enforce the Protective Order which was argued on October 14, 2014 and granted by written Order on October 21, 2014.
9. "This appeal followed.
-2- 10. "Following entry of the Order on October 21, 2014, George Green attended a meeting of the Homeowners Association on November 1, 2014. Mr. Green stated that he interpreted the Order to allow him to attend and speak at Home Owner Association Meetings. We agreed with him and do not interpret the Order of 21, 2014 as preventing him from attending or participating in such meetings.
11. "On January 22, 2015, in a phone call with Appellant's lawyer, I learned that Garlan Green had passed away."
Heidi oughlin Affiant
-3- STATE OF TEXAS § § COUNTY OF TRAVIS §
BEFORE ME, the undersigned authority, on this day personally appeared Heidi Coughlin Van Reet who being first duly sworn, stated that all facts contained in the foregoing Affidavit are true and correct to the best of her knowledge and belief.
\ SUBSCRIBED AND SWORN TO this Jrth day of ~"\) ttj\.':\. '2015.
Notary Public, State of Texas
-4- Attachment 1 CAUSE NO. 18314
GEORGE GREEN § § § v. § § PORT OF CALL HOMEOWNERS § ASSOCIATION, RANDOLPH HARIG, § NANCY CAROTHERS, AND PHILLIP § JACOBS, JOHN ROSS BUCHHOLTZ, § 33rd JUDICIAL DISTRICT AND RICHARD PAT MCELROY §
DEFENDANTS' MOTION TO ENFORCE PROTECTIVE ORDER
TO THE HONORABLE" JUDGE OF SAID COURT: COME NOW, Port of Call Homeowners Association, Randolph Harig, Phillip Jacobs, John Ross Buchholtz and Richard Pat McElroy, Defendants in the above-entitled and numbered cause, and file this their Motion to Enforce Protective Order and in support thereof, would respectfully show unto the court as follows: I. On August 14, 2014 Defendants and Plaintiff appeared, by and through their counsel, before Judge Garrett on various issues including Defendants' Molion for Protective Order. Given Plaintiff's unreasonable, overly burdensome and abusive requests for documents, Judge Garrett granted Defendants' Motion for Protective Order and ruled that Plaintiff was no longer allowed to pepper Defendants with document requests and, in turn, Defendants had to supplement production of the Port of Call Homeowners Association's records every forty-five (45) days from the date of the Order. See Exhibit "A". Defendants have gone to great lengths and.costs to abide by the Judge's ruling. Since the hearing Defendants have supplemented their production with over 1,400 pages of documents. See Exhibit "B"; documents produced on August 22, 2014 Bates Labeled POC 6217-6253, and documents produced Bates Labeled POC 6254-7641 on September 11, 2014. It has been less than sixty (60) days since the Judge's ruling and Plaintiff has already violated the Protective Order by sending a threatening "Demand for Information" to Defendants directly. See Exhibit "C." Not only is this request a clear violation of the Court's ruling, it demands that Defendants create documents 1, which they are under no obligation to do. Furthermore, Plaintiff already has the only document he specifically requests in violation of the Protective Order because Defendant produced it to him on Sept. 11, 2014. See Exhibit "D." The Court went to great pains to clarify the duties and obligations of Plaintiff and Defendants in the hearing on August 14, 2014 and in his subsequent Order. The Court went so far as to state that any party in violation of his ruling would be sanctioned. Plaintiff knows that his actions are in clear violation of the Judge's Order. Defendants now seek enforcement of Judge Garrett's ruling as well as sanctions against Plaintiff. Defendants seek sanctions against Plaintiff to compensate Defendants for bringing this motion and to deter continued violations of the Order. WHEREFORE, PREMISES CONSIDERED, Defendants would respectfully request that the foregoing Motion to Enforce Protective Order be sustained, that the Court enter an order setting forth the sanction levied against Plaintiff, and for such other and further relief to which the Defendants may show themselves justly entitled, at law or in equity.
1 "As soon as possible but not later than 3 days from the receipt of this demand for information provide a detailed summary of any and all statements verbal or by written handout provided to members in attendance." Page 1-2 <[7,8,9. Respectfully submitted,
WRIGHT & GREENHILL, P .C. 221 W. 6th Street, Suite 1800 Austin, Texas 78701 512/ 476-4600 512/ 476-5382 (Fax) rl2ri!:!gle@w-g.com hcoughlin@w-g.com
By:~~~~~~~~~ Brantley Ross Pringle, Jr. State Bar No. 16330001 Heidi A. Coughlin State Bar No. 24059615
ATTORNEYS FOR DEFENDANTS PORT OF CALL HOMEOWNERS ASSOCIATION, RANDOLPH HARIG, PHILLIP JACOBS, JOHN ROSS BUCHHOLTZ AND RICHARD PAT MCELROY CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing has been served on the following via facsimile or certified mail, return receipt requested, in accordance with the Texas Rules of Civil Procedure, on this 10th day of October, 2014.
David Junkin LAW OFFICE OF DAVID JUNKIN P. 0. Box 2910 Wimberley, TX 78676
L. Hayes Fuller, III NAMAN HOWELL SMITH & LEE, P.L.L.C 400 Austin Avenue, Suite 800 P. 0. Box 1470 Waco, TX 75703-1470
Heidi A. Coughlin \lt..t..HI\ ~/1Vt ••\VI ,,,_..., .• ,.•I .,., • • •
F~LElfJ
AUG 111 201'1 CAUSE NO. 18314 A1, j ; ;1.. J:: __.O'CLOCK ~--J}.;_M \ .~J.W iJf~ GEORGE GREEN § IN:~~-D~TRIC~~~;;; \ § § v § OF LLANO COUNTY, TEXAS § PORT OF CALL HOMEOWNERS § ASSOCIATION, RANDOLPH HARIG, § NANCY CAROTHERS, AND PHILLIP §. JACOBS, JOHN ROSS BUCHHOLTZ, § 33·• JUDICIAL DISTRICT AND RICHARD PAT MCELROY §
ORDER GRANTING DEFENDANTS' MOTION TO COMPEL AND PROTECTIVE ORDER
On this 14th day of August came for consideration in the above-styled and numbered cause, Defendant's Motion to Compel and Motion for Protective Order. I. This Court having heard the arguments of both Plaintiff and Defendants agrees to GRANT Defendants' Motion to Compel George Green .and 6arlan GreBJ.'b.s. Depwition~ This Court ORDERS George Green and Garland Green be presented for
deposi.tion on or before ~ 2014. ~ti:ortaJ.l..y-t;-l'flnl~ Dfilerrda~~-ees- against tli"eftaimiff in the tti''tt€H:l~
~~~6)-"'v'ith tho~eeeffti.Rg-dtte-and:-
p~'l'hti(.>-l"J'rrl\ir-rt-~'1'W'1fh>-Hl4~rff~ecn do not appear fei;: depooi~s--s-Ea.recl
~ II. This Court also GRANTS Defendants' Protective Order and this Court ORDERS that documents previously produced to Plaintiff in a digital format are sufficient to comply with. Def.endants' requirements for production of documents. Further, thfo1
l:XHIBIT ~ Court 3n~S that Defe~dants only need to supplement documents to Plainpff I~~>J fil~1~nr:tbeginning on A»Jbt 1l1.vv io1 ~ .w~ ~ ~..Jrfaa~ 1 ~ l(yJ ' n fP/2.CiflV~P .c.J_ • "\ :r1:-IBr-t.l:
D~.-£e1::vi-ees-~tti:ed-as-a-t'esf>0fflible-thh~a-P~Y.-....
SIGNED this ( lf~day of 4-v3Af'Y'I- ,2014.
~~~-------·· ~ieSiCfu1g ( ( ·~
WRJGHT & GREENHJLL, P.C. ATTORNEYS AT LAW
221 WEST 6TH STREET, SUITE 1 800 TELEPHONE 512/476-4600 AUSTIN, TEXAS 78701-3495 FACSIMILE 51 2/ 476-5382 P.O. Box 21 66 • 78768 DIRECT DIAL 51 2/708-5234
HEIDI A. COUGHLIN E·MAIL HCOUGHLIN @W-G.COM August 22, 2014
VIA FACSIMILE and CMIRRR Mr. David Junkin LAW OFFICE OF DAVID JUNKIN P. 0. Box 2910 Wimberley, TX 78676
RE: Cause No. 18,314; George Green v. Port of Call Homeowners Association, Randolph Harig, Nancy Carothers, Philip Jacobs, et al; In the District Court of Llano County, Texas 33rd Judicial District Our File No. 9792-43682
Dear Mr. Junkin:
Please find enclosed the following documents in connection with this matter:
I. Defendants Port of Call Homeowners Association (Incorporated), Pat McElroy, John Buchholtz, Phillip Jacobs and Randy Harig's Supplemental documents POC 6217 - POC 6253.
Sincerely,
Wright & Greenhill, P.C
By: _ _ _ _ _ _ _ _ __ Heidi A. Coughlin HAC/scb enclosures cc: L. Hayes Fuller, III - VIA REGULAR MAIL .,
EXHIBlT I 11 Comple.te items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. 111 Print your name and address on the reverse so that we can return the card lo you. 111 Attach this card to the back of the maflpiece, or on the front ff space permits. D. Is delivery address different from item 1? 1. Artie le Addressed to: If YES, enter delivery address below:
~\~~\'-~~ ' ~ -G ,{hoy:: 2 °\ \ 0 V\~b(_r-\'-\ ~ ige:,t b 3. Service Type ertified Mail D Express Mail egistered ~Return Receipt for Merchandi~t D Insured Mail OC.O.D. 4. Restricted Delivery? (Extra Fee) D Yes 2 .... 70D9 ·-1410 DD 01 6 2 2 3 8 4 4 0 PS Form 3811, July 1999 102595·00·1.1·0952
\ ;~~ . ,•·
,, WRIGHT&GREENHILL r··;= 5124 767357 ·~-. c:. ** Transmit Conf. Report ** P. 1 Aug 22 2014 16:12 Line WRIGHT&GREENHILL Fax:5124767357
Fax/Phone Number Mode Start Time Page Result Note
lt20115128478604N HOR MAL 22,16:12 9' 34" 39 It 0 !{
. WRIGHT & GRF.F.NRXLL, P.r.. t\.tto.i:ntya. nl L•w 'ZZ\ W .... .t 6th St.rqt, Svit. 1800 o'l.UAtln 1 l'..-.,Mt 71!701 T~lr.pbvuu (5'12) -176-460() l•'.>
Dr>tc: Allf!u.<:I 22, 20~4 TO: NAJYm
D;:ivid funkin 5.12-847-860.4
T.. llayes Fuller:- 254- 7.51·-63 31
TOTAL NllM.RER OP' ~AGES ~~ INCLIJl>IN<: Ta.ts COVER Sl-lliET: ._) I C/M II: 9792-4~082 . I!At;:/11
1:0NPTOnNTIA! .rviuu• !111w Uie utlw« uf lbe ·in.numrc:ll, the iuiommwn conthUled iu thts Caciumlc incsuitc i< .1tco111~y vuv•ki!-~ .wtl •unli1l<111tMI itUOl!ll:.Oon iniendud lllr t.U.; """' vf Ui< wum\J~.J ~~:"u~ly u~u.i~k l':' uehv.or 11 IU .tJ1•. uHt:1Jdo0
COMl\ofENTS: Pknllc sec ~tfachcd con-cspondcncc w.ith documcnt:SJ. WRIGHT & GREENHILL, P.C. ATTORNEYS AT LAW
22 1 WEST 6Ttt STREET. SUITE 1800 TELEPHONE 512/ 476-4600 AUSTIN, TEXAS 78701 ·3495 FACSIMILE 512/476-5382 P.O. Box 2166 • 78768 DIRECT DIAL 51 2/708-5234
HEIDIA. COUGHLIN E·MAIL HCOVGHLIN @W·G.COM September 11, 2014
VIA CM/RRR No. 7014 1200 0000 4600 6667 Mr. David Junkin LAW OFFICE OF DAVID JUNKIN P. 0. Box 2910 Wimberley, TX 78676
RE: Cause No. 18,314; George Green v. Port of Call Homeowners Association, Randolph Harig, Nancy Carothers, Philip Jacobs, et al; In the District Court of Llano County, Texas 33rd Judicial District Our File No. 9792-43682
Dear Mr. Junkin:
Please find enclosed the following document in connection with this matter:
• Defendants Port of Call Homeowners Association, Pat McElroy, John Buchholtz, Phillip Jacobs and Randy Harig's Supplemental Production of Documents to Plaintiff in accordance with the Court's Order of August 14, 2014. The CD contains Bates Nos. POC 6254-POC 7641.
Sincerely,
Wright & Greenhill, P.C
(fr--- By: _ _ _ _ _ _ _ _ __ Heidi A. Coughlin HAC/scb enclosure cc: L. Hayes Fuller, III - VIA REGULAR MAIL
• ~- r 11 Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. 11 Print your name and address ·on the reverse so that we can return the card to you. . 11 Attach this card to the back of the mailpiece, or on the front if· space permits. 1. Article Addressed to:
David Junkin .!.!<" ~ .,,.,, LAW OFFICE OF DA \!ID JUNKIN ir~g.11=============== P. 0. Box 2910 !~~~..., 3~Se· eType Wimberley, TX 78676 · rti!led Mall D Express Mail · - -· --· ---·- Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 c.o:o. 4. Restricted Delivery? (Extra Fee) DYes 2. Article NufTlber (Gop.y (r9m sei:vice l?bel) 'f; .. 7014 1200 DODD 4600 :666 7 PS Form 3811, July 1999 Domestic Return Receipt 102595·00·M·0952
\ . ,. :~
.~ Certified Mail No. 7005 1820 ODDO 7145 2330 BY~ . . . . ,;, . . . . . .MM~.;~;.rir' ..
October 7, 2014- Demand for Information 1. Annual meeting details 2. $125,000 contract payment dates
To: Port of Call Homeowners Association(HOA) and the Board of Directors including the so-called Management Company located in Austin, TX.
From: Gadan H. Green, POA George G. Green, P.O. Box 8133, HS Bay, TX 78657
As of August 22, 2014 information was provided to us as supplemental documents from Port of Call's attorney faxed to my attorney on.this date. The last 2 pages of so- called supplemental documents provided to me under the rule of law are a shocking and surprising disclosure of information outlining a meeting we were denied the opportunity to attend.
The 2 pages of information received by fax on August 22, 2014 were titled "Minutes of the Port of Call HOA's annual meeting dated July 12, 2014". The 2 page documents were labled POC 6252 - POC 6253.
We did not receive any written notice of such meeting, nor were we allowed to attend the annual meeting oflawful owners.
The Articles of Association of Port of Call state clearly "written or printed notice stating the place, day and hour of any meeting of the members shall be delivered by mail to each member ... not less than 10 days nor more than 50 days before the date of such meeting''.
The 2 page written minutes suggest and appear to indicate a physical in-person meeting was held with no indication of the time nor place of said meeting. Provide the place, day and hour of such meeting as soon as possible but not later than 3 days from the receipt of this demand for information.
The 2 page minutes indicate reports were provided to members in attendance and issues were discussed as listed: exterior lighting, landscape maintenance, weeds in the lake, signage and new fencing. The minutes state the members in attendance received updates on status to repair and paint both buildings. Provide a written or recorded transcript of the reports provided to members in attendance and a detailed written characterization of any and all discussions of the above listed items no later than the 3 days from the receipt of this information.
The 2 pages of information received by fax on August 22, 2014 stated that a Ms. Connie Heyer provided an update to the members on the status of pending litigation. As soon as possible but not later than 3 days from the receipt of this demand for information provide a detailed summary of any and all statements verbal or by written handout provided to members in attendance.
EXHIBITC The 2 page minutes announced that Ross Buchholtz, Treasurer to the Board, presented the Treasurer's report to the members in attendance. As soon as possible but not later than 3 days from the receipt of this demand for information provide a detailed written summary of any and all statements verbal or by written handout provided to members in attendance.
The 2 pages of information received by fax on August 22, 2014 stated that the floor was open for questions and further discussion by members in attendance. As soon as possible but not later than 3 days from the receipt of this demand for information provide a detailed written summary of any and all statements made verbally or by written handout discussed by members in attendance.
Furnish to me a copy of any written notice announcing the Port of Cal! HOA member's annual meeting of July 12, 2014 as required by Texas law and our CCA's on file in the Llano County Courthouse. The written announcement must have been provided to me by U.S. mail as required by Port Of Call HOA's not less than 10 days nor more than 50 days before the date of such meeting".
This demand for information and a timely response, not later than 3 days from the receipt of this Memo to P.O. Box 8133, Horseshoe Bay, TX 78657 or a personal call at 830-220-0933 to George G. Green, POA for Garlan H. Green, not later than 3 days from the receipt of this Memo, announcing the Board's intent or by proxy the so-called management company acting on behalf of the Board stating a commitment to meet the 3 day deadline as required.
As all of you know the insanity has begun. As of today Oct. 6, 2014 the 12SK contract with Associa on call - with the 20K contingency amount plus the SK electrical repair amount, an expense previously paid for in 2009 has commenced.
I am requesting, per the judge's order, copies of any and all payment amounts made to and received by Associa on call as a result of the signed contract of 7-2-14 plus any revisions agreed to since 7-2-14 including any additional cost anticipated or planned by change order in the open ended contract of 7-2-14.
All of the above demanded information must be provided to me not later than 3 days from receipt of this demand. If the Board chooses to deny or delay honoring this request advise me of this intent so that l may request a hearing as soon as possible before the Judge on this matter.
2 ( '·.
June 11, 2014
f!o:me·o.wners P01t of Call HQA
Re: No'tiee. of2014 Aumwt Meelilig- Saturday, July 12, 20'14, 10:00 a.m.
Dear Homeowner:
Tile Annual Meeting of the Port of Call HOA w.Ul be held at 10:00 a.ltl. 011 Saturday, July 12th at the Poker Room at lforseshoe Bay POA, 107 Twilight, Horseshoe Bay, TX, 78654. The Associati'on is a not for profit corpo:i:ation cha1tered under the laws of the State of Texas and, as sucli, i:s i:eqni:red to hold an Annual Meeti'ng.
To conduct alion'ie0wners meeting1 .a quorii1n of fifty percent(50%) of the members must he represented in person or by proxy. Tn orde1'. to ensure a qµorum is achieved, please sign aha date the enclosed Pi'oxy and return it by July 11, 2014 by mail, email (smurphy@allianceonline.net) or via fax (512-328-6178) to Alliance Association Manag<:ment, Inc even if you plan to attend, linforeseen circumstances do occur. The Proxy will be returned to you upon your aiTival at the meeting should you attend .
. Thank you for yoi.u.. attention to th.is important matter. Should you have any questions regarding the Annual Meetiiig or your Association, please contact Customer. Service at (512) 347-2888 or by email' at info@a11ianceon:line.11et.
Sincerely,
ALLIANCE ASSOCIATlON MANAGEMENT, INC, Agent for Association Legal Name
Sharon Murphy; CMCA Community Manager
SM/jw Enclosures
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