Keynoa Evans v. Pines of Northwest Crossing

Opinion

on 3/10/2015 11:42:07 AM

OFFICE OF STAN STANART FILED IN COUNTY CLERK, HARRIS COUNTY, TEXAS 1st COURT OF APPEALS CIVIL COURTS DEPARTMENT HOUSTON, TEXAS 3/10/2015 11:47:36 AM

March 10, 2015 CHRISTOPHER A. PRINE

Clerk

Court of Appeals

301 Fannin Houston, Texas 77002

LETTER 0F

Court Docket Number: 1058198 Trial Court Number: Four (4)

y e. 1· KEYNOA EVANS VS. PINES OF APPELLANT(S) APPELLEE(S)

Judge: ROBERTA LLOYD I

Appellee(s) Attorney:

Kenneth R. No. 01812200 Scott H. Fournier, N o. 24085312 N 3311 Richmond Avenue, Suite 305 Houston, 77098 Phone: (713) 622-2111 (713) 622-2119

E-Ma1l.

Keynoa Evans, appellant, filed a of Appeal on March 9, 2015 from the Final that was signed on March 2, 2015.The

Clerk’s Record is due to your office on or before 1, 2015.

/S/Joshua Alegria Alegria

Deputy Clerk P.O. Box 1525 Houston, TX 77251-1525 (713) 755-64211>.o.

Box 1525 I TX 77251-1525 I (713) 755-6421

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|AM CountyClerk

County

Cose No.

OFNORTHWEST § COUNTY ATLAW

v. NUMBERFOUR (4)

COUNTY,

TEXAS

AFFIDAVIT

INABILITY

ro PAY APPEAL STATEOF TEXAS

COUNTYOF

BEFO E E, the outhorlty, on oppedred who, belng by me duly sworn, on ooth |nd

home ls I In Texos whlch lsthe of thls I wlsh to oppeol the of thls Court the of Appeols pursuont to the Texos Rules of Procedure ond the Texds Code.My

expenses, debts, ond dependents ore descrlbed below:

AVAILABLEINCOME Monthly Noture Source or Amount

b) Spouse Income $ to me)

c) TANF

PROPERTY

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- Otherreal or personalproperty of a trade. and personal Descrlptlan _

Checklng Savlngs

MONTHLY

payment(LoanorRent:

CarPayment _ Insurance Clothlng/Laundry Support

Utllltles

Internet

Travel}

DEBTS(Total Owed)

Owed

Payday Loan Support

Loan forfunds to buy _

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DEPENDENTS

Residential

Spouse

I am unable to pay any part of the costs of appeal to the Court of Appeals. file an appeal or give security for appeal because of my

crrect."

financi l condition. l verify that the statements mode in this affidavit are

Signature

_ Name · dress Phone Number

SUBSCRIBED ANDSWORN| BEFOREme on this day of March,

CertificateofService

l hereby certify that a true and correct copy of this of this in lieu of a supersedeas was sent to counsel of record by telecopy on this of 2015.

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CAUSE

NO.1058198

PINES OF NORTHWEST CROSSING § IN THE COUNTY CIVIL COURT §

VS. § AT LAW NUMBER FOUR (4)

KEYNOA EVANS ANDALL OTHER OCCUPANTS § HARRIS COUNTY, TEXAS

JUDGMENT

BE IT REMEMBEREDthat on this day came on to be heard the above-entitledand

numbered cause and Plaintiff PINES OF NORTHWEST CROSSING, and Defendant KEYNOA EVANS and All Other Occupants (collectively to as appeared before the Court.

The after considering the pleadings on the evidence presented at trial and the

arguments of the is of the opinion and that: (1) Plaintiff PINES OF NORTHWEST

CROSSING,is the owner and landlord of and the Defendantis the tenant of the residential

leased premises located within County Civil at Law Number Four (4), of Harris County,

Texas at 7200 Pinemont Drive, Number 1507, Houston, County, Texas 77040,

("Leased Premises"); (2) Plaintiff PINES OF NORTHWEST CROSSING, terminated the

Defendant’s right to occupy the Leased Premises; (3) Plaintiff PINES OF NORTHWEST

CROSSING, made written demand upon the Defendant and all occupants of the Leased Premises

to vacate same, which demand was received by the Defendant as required by law; (4) the

Defendant is thereby guilty of forcible detainer; (5) Plaintiff PINES OF NORTHWEST

CROSSING, is entitled to immediate possession of the Leased Premises from the Defendant and

all occupants of the Leased (6) Plaintiff PINES OF NORTHWEST CROSSING, is

entitled to recover any and all past due rental amounts due from the Defendant and all occupants

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oftheLeasedPremises;

(7) PINESOFNORTHWEST CROSSING,

is to its costs of from the and all occupants of the Leased Premises; and (8)

Plaintiff PINES OF NORTHWEST CROSSING, is entitled to recover its attomeys’ fees and

litigation costs and reasonably incurred by the prosecution of this cause of action from

the Defendant and all occupants of the Leased Premises. It is therefore,

ORDERED, ADJUDGED

andDECREED

thatPlaintiffPINESOFNORTHWEST CROSSING shall be and hereby is awarded possession on or after

2015, of the Leased Premises located at 7200 ,

Pinemont Drive, Apartment Number 1507, Houston, Harris County, Texas 77040, from

KEYNOA EVANS and All Other Occupants, jointly and severally. It is further

I ·.

law; it is,

ADJUDGED and DECREED that Defendant KEYNOA EVANS shall pay

to Plaintiff PINES OF NORTHWEST CROSSING,

$ · in past due rental amounts properly due and

owing Plaintiff PINES OF NORTHWEST CROSSING, pursuant to the terms of the Lease, with

interest thereon at the rate of (5%) percent per annum from the date of this Judgment until

paid; it is, further,

ORDERED, ADJUDGED and DECREED that Defendant KEYNOA EVANS shall pay

to Plaintiff PINES OF NORTHWEST CROSSING, all its costs of court, together with post-

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judgment interest thereon at the rate of five (5%) per from the date of this

Judgment untilpaid;itis,further, ORDERED, ADJUDGED and DECREED that Defendant KEYNOA EVANS shall pay

tothePlaintiff PINES

OFNORTHWEST $ in attomeys’ fees and litigation costs necessary and reasonably incurred by the prosecution of

this cause of action, pursuant to the terms of the Lease, with interest thereon at the rate of

(5%) percent per annum from the date of this Judgment until paid; it is further,

ORDERED, ADJUDGED and DECREED that Plaintiff, PINES OF NORTHWEST

CROSSING, shall have and recover from that Defendant KEYNOA EVANS and Surety

LADONNA TOWNSEND, jointly and severally, additional attorneys’ fees in the following

amounts: $7,500.00 in the event of an unsuccessful appeal by Defendant KEYNOA EVANS

and/or Surety LADONNA TOWNSEND to the Court of Appeals; an additional $7,500.00 for

making or responding to an unsuccessful petition for review to the Supreme Court of Texas; and

an additional $7,500.00 if the petition for review is granted by the Supreme Court of Texas.

Interest on said for attomeys’ fees shall accrue at the rate of percent (5%) per

from the date of this Judgment until paid; it is further,

ORDERED, ADJUDGED and DECREED that in the event of an appeal of this

Judgment, Defendant KEYNOA EVANS’ and Surety LADONNA TOWNSEND’s, jointly and

severally, supersedeas bond is hereby set at ten (l0) times the market rent for Defendant’s

in the amount of $ and shall be posted

within ten (l0) days of the date of this Judgment in the form of cash, cashier’s check, or by and

through a corporate surety licensed for such purposes and doing business in the State of Texas; it

is, further,3

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ORDERED, ADJUDGED and DECREED that Surety LADONNA TOWNSEND

pay to Plaintiff PINES OF NORTHWEST CROSSING, $

pursuant to the terms of the Appeal Bond, with interest thereon at the rate of (5%) percent

per annum the date of this Judgment until paid; and,

This judgment disposes of all claims and all parties and is appealable.

SIGNEDon this of March,2015.

JUDGE

APPROVED AND ENTRY REQUESTED:

LAWFIRM

Brian P. Cweren StateBarNo. 24001956 ScottH.Fournier StateBarNo.24085312 3311 Richmond, Suite 305 Houston,Texas77098 Telephone: (713)622-2111 Facsimile: (713) 622-2119

scott@cwerenlaw.comATTORNEYS

FOR PLAINTIFF,

PINESOF NORTHWESTCROSSING At the of to be for the beSt of illegibility,

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