ACCEPTED 01-15-00286-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 6/8/2015 3:47:51 PM CHRISTOPHER PRINE CLERK
No. 01-15-00286-CV
IN THE COURT OF APPEALS FILED IN 1st COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS HOUSTON, TEXAS HOUSTON, TEXAS 6/8/2015 3:47:51 PM CHRISTOPHER A. PRINE In re Clerk PAULA M. MILLER and JAS FAMILY LIMITED PARTNERSHIP #4, LTD
APPELLEE’S MOTION TO DISMISS
TO THE HONORABLE COURT OF APPEALS:
Appellee, JAS FAMILY LIMITED PARTNERSHIP #4, LTD, would show
the Court that Appellant, PAULA M. MILLER, filed an appeal of an interlocutory
order (see Tab A) which was not a final judgment in this appeal.
Historically, on November 12, 2013, the Honorable Terri Tipton Holder
pronounced a decision recited in the Order attached as Tab A. Shortly after this
pronouncement, PAULA M. MILLER filed a Motion to Recuse Terri Tipton
Holder. Ultimately, the Motion to Recuse Terri Tipton Holder was denied.
Shortly after denial of the Motion to Recuse Terri Tipton Holder, PAULA M.
MILLER filed a bankruptcy in the United States Bankruptcy Court, Southern
District of Texas, Houston Division. Ultimately, the bankruptcy was dismissed.
Subsequent to the bankruptcy being dismissed, on January 27, 2015, the Order in
Tab A was signed and entered. Shortly thereafter, PAULA M. MILLER gave notice of appeal to this court in the above styled cause. Additionally, PAULA M.
MILLER failed to pay the filing fee for the appeal. With no filing fee, nor record
presented to this Honorable First Court of Appeals, the Clerk had no information to
identify that there was no final judgment in this cause and that the appeal should
not be docketed or scheduled for summary dismissal.
Appellee, JAS FAMILY LIMITED PARTNERSHIP #4, LTD, moves this
Court to dismiss this appeal so that the Trial Court might go forward in proceeding
in the pending cause which has been “stayed” as a result of this appeal.
Wherefore, premises considered, JAS FAMILY LIMITED PARTNERSHIP
#4, LTD respectfully prays that the Court grant its Motion to Dismiss this untimely
appeal.
Respectfully submitted,
/s/ Michael M. Phillips ______________________________ Michael M. Phillips State Bar No. 15939000 THE MICHAEL M. PHILLIPS LAW FIRM, P.C. P.O. Box 1030 Angleton, Texas 77516-1030 (979) 849-4382 Telephone (979) 849-1409 Fax michael@mphillipslaw.com
ATTORNEY FOR APPELLEE, JAS FAMILY LIMITED PARTNERSHIP #4, LTD CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of this Motion to Dismiss has been sent to the following in accordance with the Texas Rules of Appellate Procedure on this 8th day of June, 2015:
Paula M. Miller P.O. Box 981013 Houston, Texas 77098 Fax: (801) 618-1656
/s/ Michael M. Phillips ______________________________ No. 01-15-00286-CV
IN THE COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS HOUSTON, TEXAS
Inre PAULA M. MILLER and JAS FAMILY LIMITED PARTNERSHIP #4, LTD
AFFIDAVIT OF MICHAEL M. PHILLIPS STATE OF TEXAS § § COUNTY OF BRAZORIA §
Before me, the undersigned authority in and for the State of Texas,
personally appeared Michael M. Phillips, who, after being duly sworn by me, upon
oath deposed and stated:
1. My name is Michael M. Phillips. I am above the age of eighteen (18)
years, of sound mind, and capable of making this affidavit. The facts stated within
this affidavit are within my personal knowledge and are true and correct. I am the
principal attorney of The Michael M. Phillips Law Firm, P.C. in Angleton,
Brazoria County, Texas. I am licensed to practice law in the State of Texas and
have been the primary attorney in charge of the preparation and filing of Trial
Court Plaintiff's Motion to Dismiss Appeal. 2. The document attached as Tab A in the Motion to Dismiss is a true
and correct copy of a document filed in the underlying proceeding, JAS Family
Limited Partnership #4J LTD v. Paula M Miller; Cause No. 65767; In the 149th
District Court, Brazoria County, Texas.
Signed this gth day of June, 2015.
Michael M. Phillips
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this gth day of June, 2015.
\11111/t/ $~'t-v;; f.u~~ SYLVIA FAY HOCUTT ff~i~·;"'i Notary Public, State of Texas '?:,CSS.·.~.:~j My Commission Expires Nota Public in a ~"~'.~-;·. ···~,~ ..,,,,,,?.~.~~~''"' Marc h 17, 201 7 The State of Texas Tab A ,t __ r?on~rnCID at~~~-o'clock-f--M·
JAN 27 2015 CAUSE NO. 65767 ~~ t:!a-..~ Cleft( of District Court~a Co., Texas BY DEPUlY JAS FAMILY LIMITED PARTNERSHIP § IN THE DISTRICT COURT . #4LTD § § vs. § BRAZORIA COUNTY, TEXAS § § PAULAM. MILLER § 149TH JUDICIAL DISTRICT
OR.DER
On the 12th day of November, 2013, the Court held a hearing on Plaintiff's Motion for
Emergency Relief recited in Plaintiff's Second Amended Petition and a Motion to Abate filed by
the Defendant, Paula M. Miller. JAS Family Limited Partnership #4 LTD appeared through its
duly authorized representative, James A. Prince and its counsel, Michael M. Phillips, and
announced ready.. Paula M. Miller, Defendant, appeared in person and prose. After review of
the pleadings, presentation of evidence, and argument of counsel, it is the opinion of this Court
that the Motion to Abate is not well taken and should be DENIED.
IT IS ORDERED that Paula M. Miller's Motion to Abate this proceeding is hereby
DENIED.
The Court further finds JAS Family Limited Partnership #4 LTD's Motion for Emergency
Relief regarding three filed Lis Pendens and an Amendment of the September 19, 2005, Lis
Pendens by an Affidavit of Adverse Possession filed on August 29, 2011, is well taken and
should be GRANTED.
IT IS THEREFORE ORDERED that the notices of Ljs Pendens that were filed by Paula
M. Miller should be released and be of no further force and effect, described as follows:
14132 1. Notice of Lis Pendens filed on or about August 25, 2003, recorded under document
number 2003053083 of the Official Public Records of Brazoria County, Texas (See
Exhibit "A" attached hereto and incorporated herein for all purposes);
2. Notice of Lis Pendens filed on or about September 19, 2005, recorded under
document number 2005054235 of the Official Public Records of Brazoria County,
Texas by Plaintiff, Paula M. Miller (See Exhibit "B" attached hereto and incorporated
herein for all purposes)~
3. Notice of Lis Pendens filed on or about June I 0, 2013, recorded under document
number 2013027728 of the Official Public Records of Brazoria County, Texas by the
Defendant, Paula Miller (See Exhibit "C" attached hereto and incorporated herein for
all purposes); and
4. Affidavit of Adverse Possession executed by Paula M. Miller as a claim recorded
under document number 2011035377 of the Official Public Records of Brazoria
County, Texas purporting to supplement the Original Document filed with the wrong
title of Notice of Lis Pendens Lien documer:tt number 2005054235 (See Exhibit "D',
attached hereto· and incorporated herein for all purposes).
IT IS FURTHER ORDERED that the following three "Release of Lis Pendens" and the
Release of Affidavit of Adverse Possession all attached as Exhibit "E~' hereto shall be executed
by Paula M. Miller immediately after her receipt of notice of entry of this Order by the District
Clerk of Brazoria County, Texas.
IT IS FURTHER ORDERED that JAS Family Limited Partnership #4 LTD acting by and
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ACCEPTED 01-15-00286-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 6/8/2015 3:47:51 PM CHRISTOPHER PRINE CLERK
No. 01-15-00286-CV
IN THE COURT OF APPEALS FILED IN 1st COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS HOUSTON, TEXAS HOUSTON, TEXAS 6/8/2015 3:47:51 PM CHRISTOPHER A. PRINE In re Clerk PAULA M. MILLER and JAS FAMILY LIMITED PARTNERSHIP #4, LTD
APPELLEE’S MOTION TO DISMISS
TO THE HONORABLE COURT OF APPEALS:
Appellee, JAS FAMILY LIMITED PARTNERSHIP #4, LTD, would show
the Court that Appellant, PAULA M. MILLER, filed an appeal of an interlocutory
order (see Tab A) which was not a final judgment in this appeal.
Historically, on November 12, 2013, the Honorable Terri Tipton Holder
pronounced a decision recited in the Order attached as Tab A. Shortly after this
pronouncement, PAULA M. MILLER filed a Motion to Recuse Terri Tipton
Holder. Ultimately, the Motion to Recuse Terri Tipton Holder was denied.
Shortly after denial of the Motion to Recuse Terri Tipton Holder, PAULA M.
MILLER filed a bankruptcy in the United States Bankruptcy Court, Southern
District of Texas, Houston Division. Ultimately, the bankruptcy was dismissed.
Subsequent to the bankruptcy being dismissed, on January 27, 2015, the Order in
Tab A was signed and entered. Shortly thereafter, PAULA M. MILLER gave notice of appeal to this court in the above styled cause. Additionally, PAULA M.
MILLER failed to pay the filing fee for the appeal. With no filing fee, nor record
presented to this Honorable First Court of Appeals, the Clerk had no information to
identify that there was no final judgment in this cause and that the appeal should
not be docketed or scheduled for summary dismissal.
Appellee, JAS FAMILY LIMITED PARTNERSHIP #4, LTD, moves this
Court to dismiss this appeal so that the Trial Court might go forward in proceeding
in the pending cause which has been “stayed” as a result of this appeal.
Wherefore, premises considered, JAS FAMILY LIMITED PARTNERSHIP
#4, LTD respectfully prays that the Court grant its Motion to Dismiss this untimely
appeal.
Respectfully submitted,
/s/ Michael M. Phillips ______________________________ Michael M. Phillips State Bar No. 15939000 THE MICHAEL M. PHILLIPS LAW FIRM, P.C. P.O. Box 1030 Angleton, Texas 77516-1030 (979) 849-4382 Telephone (979) 849-1409 Fax michael@mphillipslaw.com
ATTORNEY FOR APPELLEE, JAS FAMILY LIMITED PARTNERSHIP #4, LTD CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of this Motion to Dismiss has been sent to the following in accordance with the Texas Rules of Appellate Procedure on this 8th day of June, 2015:
Paula M. Miller P.O. Box 981013 Houston, Texas 77098 Fax: (801) 618-1656
/s/ Michael M. Phillips ______________________________ No. 01-15-00286-CV
IN THE COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS HOUSTON, TEXAS
Inre PAULA M. MILLER and JAS FAMILY LIMITED PARTNERSHIP #4, LTD
AFFIDAVIT OF MICHAEL M. PHILLIPS STATE OF TEXAS § § COUNTY OF BRAZORIA §
Before me, the undersigned authority in and for the State of Texas,
personally appeared Michael M. Phillips, who, after being duly sworn by me, upon
oath deposed and stated:
1. My name is Michael M. Phillips. I am above the age of eighteen (18)
years, of sound mind, and capable of making this affidavit. The facts stated within
this affidavit are within my personal knowledge and are true and correct. I am the
principal attorney of The Michael M. Phillips Law Firm, P.C. in Angleton,
Brazoria County, Texas. I am licensed to practice law in the State of Texas and
have been the primary attorney in charge of the preparation and filing of Trial
Court Plaintiff's Motion to Dismiss Appeal. 2. The document attached as Tab A in the Motion to Dismiss is a true
and correct copy of a document filed in the underlying proceeding, JAS Family
Limited Partnership #4J LTD v. Paula M Miller; Cause No. 65767; In the 149th
District Court, Brazoria County, Texas.
Signed this gth day of June, 2015.
Michael M. Phillips
SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned authority, on this gth day of June, 2015.
\11111/t/ $~'t-v;; f.u~~ SYLVIA FAY HOCUTT ff~i~·;"'i Notary Public, State of Texas '?:,CSS.·.~.:~j My Commission Expires Nota Public in a ~"~'.~-;·. ···~,~ ..,,,,,,?.~.~~~''"' Marc h 17, 201 7 The State of Texas Tab A ,t __ r?on~rnCID at~~~-o'clock-f--M·
JAN 27 2015 CAUSE NO. 65767 ~~ t:!a-..~ Cleft( of District Court~a Co., Texas BY DEPUlY JAS FAMILY LIMITED PARTNERSHIP § IN THE DISTRICT COURT . #4LTD § § vs. § BRAZORIA COUNTY, TEXAS § § PAULAM. MILLER § 149TH JUDICIAL DISTRICT
OR.DER
On the 12th day of November, 2013, the Court held a hearing on Plaintiff's Motion for
Emergency Relief recited in Plaintiff's Second Amended Petition and a Motion to Abate filed by
the Defendant, Paula M. Miller. JAS Family Limited Partnership #4 LTD appeared through its
duly authorized representative, James A. Prince and its counsel, Michael M. Phillips, and
announced ready.. Paula M. Miller, Defendant, appeared in person and prose. After review of
the pleadings, presentation of evidence, and argument of counsel, it is the opinion of this Court
that the Motion to Abate is not well taken and should be DENIED.
IT IS ORDERED that Paula M. Miller's Motion to Abate this proceeding is hereby
DENIED.
The Court further finds JAS Family Limited Partnership #4 LTD's Motion for Emergency
Relief regarding three filed Lis Pendens and an Amendment of the September 19, 2005, Lis
Pendens by an Affidavit of Adverse Possession filed on August 29, 2011, is well taken and
should be GRANTED.
IT IS THEREFORE ORDERED that the notices of Ljs Pendens that were filed by Paula
M. Miller should be released and be of no further force and effect, described as follows:
14132 1. Notice of Lis Pendens filed on or about August 25, 2003, recorded under document
number 2003053083 of the Official Public Records of Brazoria County, Texas (See
Exhibit "A" attached hereto and incorporated herein for all purposes);
2. Notice of Lis Pendens filed on or about September 19, 2005, recorded under
document number 2005054235 of the Official Public Records of Brazoria County,
Texas by Plaintiff, Paula M. Miller (See Exhibit "B" attached hereto and incorporated
herein for all purposes)~
3. Notice of Lis Pendens filed on or about June I 0, 2013, recorded under document
number 2013027728 of the Official Public Records of Brazoria County, Texas by the
Defendant, Paula Miller (See Exhibit "C" attached hereto and incorporated herein for
all purposes); and
4. Affidavit of Adverse Possession executed by Paula M. Miller as a claim recorded
under document number 2011035377 of the Official Public Records of Brazoria
County, Texas purporting to supplement the Original Document filed with the wrong
title of Notice of Lis Pendens Lien documer:tt number 2005054235 (See Exhibit "D',
attached hereto· and incorporated herein for all purposes).
IT IS FURTHER ORDERED that the following three "Release of Lis Pendens" and the
Release of Affidavit of Adverse Possession all attached as Exhibit "E~' hereto shall be executed
by Paula M. Miller immediately after her receipt of notice of entry of this Order by the District
Clerk of Brazoria County, Texas.
IT IS FURTHER ORDERED that JAS Family Limited Partnership #4 LTD acting by and
through its managing member, James A. Prince shall tender into the registry of this Court the
amount equal to one .. half (1/2) of all sums due and payable to "JAS Family Limited Partnership :.#!h!:fsgt ••
#4 LTD'' after deduction of closing costs, commissions, and encumbrances against the subject
property have been fully paid, said sum to be deposited within seventy-two (72) hours of the
receipt of such sales proceeds. The subject property is described as follows:
LOT 28, IN BLOCK 3, OF SOUTHDOWN, SECTION 3, A SUBDIVISION IN BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 17, PAGE 153 OF THE MAP AND/OR PLAT RECORDS OF BRAZORIA COUNTY, TEXAS.
6~ SIGNED this ~1 day of ~4c \1\&c'f '201'}'.
TERRI TIPTON HOLDER JUDGE PRESIDING 149TH JUDICIAL DISTRICT COURT
APPROVED:
THE MICHAEL M. PHILLIPS LAW FIRM, PC
PAULA M. MILLER 'I
03 053083
Ncmce OF US PENQFHS
STATE OF TEXAS COUtlTY or BRAZORIA •
NOTICE IS HEREBY GNel of U. PendlfJIII w.mlng b:1 fhtl pUblic hat the titf• Is .ubjac:t mUtfgatlon. ibla ~~ ltwD"'- ttil W. and IINb t.a ldbJish lion a lntwellt or ....0 tr::a •nti:lln:ll b)' ~Jaa~.qe ·• JM!;!lanlc'a or m~'* lien or t::har;a cr •tiCUmbrance a;alnat I'Nf p-opMy a~ In Bruoria County, Ts1411 a.nd dami~ .. foiiCI!Ml . LOT 'IWEflTY.aGHT (21), BL.Qr;K THfU:E (3), SOUT'HDOWN SECTION
·-·-·····--····. ·······-···=~.:=r~j_~~~~!~:i~lliA MAJ:I OR P.LAT nn:RSJF, RECoRDEe 1 . . . . . . ....... ____ .... ___ IN YOUJ~-17 PAGE 153 AND 164 OF :rHE _,_, , _, ,, ···-·--·------··...... . PlAT RECORllS OF BAAZOIUA COUNif, Tt:XAB. • .. • 0 • • • • • ••• • •• • • • • '~ • • • '. • • • • . . .. • - .. ••• • • • • • . . ··!-··
STATE OF TEXAS • KNpW AU. P'ERSONS BY 11iESE PRESENTS: ,· COUNTY OF BRAZORIA •
• f I ' ~
EXHIBIT " 11 PAGEl~ II ·j
_ -- ·---·· . ........,.
----, •r .t
·.. ~~~ ~-~~)~~~--------------------------------~ •••••••-•u •••-.. ••••• ,.. ,..,,.,. ...._ _ ,, _ _ , '"""''' .. __,..._,,, .. ,.~.-~•••••--.- ........r••••--•••••••••-••••-----
FILED FOR RECORD lUJ A~2S A !lo 15
~~ P,AlDftll COil~
.. ~~ .· .... ,.. I r ~ "· , ~. ~
I
~ ----- ·----- i' •j
. ..... NOTICE OF LIS PENDENS STATE OP' TEKAS )( X ------------~~~~BRAZOXY~~------~~--------------------------------------------------+-
NOncE IS HEREBY GIVEN that the nndmign~ Pmll. M. MIJlcr• claims Icgal and~ title ro aid premises byfinanciai ~ ~ adverso poucslirm. and as conmmni1y~ ouffim:d by the Ins of& ~ ofTc:m, tbmDgh Jml1liage IIIJd 1blt the title is lilbjcc:t1D !.itigatiaa fir legal title lltJdlor . for a di'Yarcc ICiiol1 or dil:scilofhm af~ 1»twc= limll M. MIDcr IUI.dJamcs A. PriDcc f'ammlly known 111 James A. Smiih or aquitlhle Qv1l ~
Tho action fnvolvtls the titlo zmd loeb tD cstabJhh a. lien imc:n::st cr sccb to enforce by 1breciosure a '"--··· ..... .,, _____ ., ... --~!a or..lOIIIt:r:dal.man'!s.&n Cl' c:bargc.or.enamib:rmcc.agaim:tn:al.propcrty.s.it:ostad in~-------· ............ _..________ ..,_____ .. . ·Cmmty, TCXB5 and dcscribcd as follo~ · · - - - ·· -
....... LOJ..t:\.V.EN'l'Y:--mmiT (28), ln.OC.K: 'ITIRBB.(3), SOUlliDDWN sECTION :r.aRFB (I U) A...... .. .. .. .... . SUBDIVISION OF' SS.0611 ACRES OUT OF H.T. & 'B. U. SUR.V:RY, SECTION #I, ADSIXACT 310. BRAZDRIA COUNTY, TEXAS. ACCoRDlNG 1'0 'mE MAP Oll PLAT TB:EREOF, kECOIU>ED IN V!;>LUMB 17. PAGE 153 AND 154 OF mE PLATlECORDS OFBRAZOlUA COUNTY, l'BXAS..
...... SfATE OF 'I'EXAS X )( COUNTY. OF BRAZORIA X .......... ' ........_.. __.. , ,,,.,, ____,.._,_..:...._. _,, ____ __ _..... , .. _,_~ _,...,,_ ... _...........- .............- .....................................:.... , .._, __ .._-:-·· . ·--·-:--·---·..···.......:.......... _.
.................. ·····-··"··· I ..... _................._., .. . . .. ··I·
EXHIBITd'. PAGE~O ~:£. .
... i ~.- '!
22J130Z7728 LP Tol.aJ Pa;es: 2 PC ·.. . IIi F.~l'irr•Jffw.I!JNJfiPl~~~,«NU:CI!IWi II ITI STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF BRAZORIA §
---------------------------N~€E6~~PENfliV·~----------------------------------~
NOTICE IS HEREBY GIVEN that there is pending in the FirSt Comt of Appeals, HOllStony
Harris, Co1lllfy, Texas, a certain action and snit, styled Paula Miller v James Prb:tce m James
Smiih.lliiOlhcrcd 01-13...00243-CV, whcrcinPanla Milli:l; is P~ and James Prmce aka . --····. ···----.---..!~ Sdis~ tfud~-~is ~~·fu'in:v~~ ~- fu~~lvcs. ~-~-· -·----........__. ..-·-·--... ··· ...... ·-. · .. · · ..... .. .. ·located:·in B!RZOI'ia·County;Texas w.I:Uch is descri&c,Hn wit below; 1hat said ·pl.ain1iffassatS .... · · · .. •·
ownership in such. suit in 1imt Pla4Uiff is seeking to acquire certain rights and title thereto. Notice
ofLis Pendens concerning the prOperty at
Property 10: .250405 Legal S0011iDOWN SID, IJLOCK3, WT Oe&crip!ioo: .28 SEC 3., Alll1D HT &B Addreas: 3530 CHAlWOOO DR PEARLAND, TX n5B4
~ood: SOUTHDOWN ORlGINAL 1m AND OLDER Nel;hbo_rhaod CD: S76SS.O
Retom afta' filing 1o: ~Miller, P.O. Box 9g1013, Houston, TX 77098
. \ I t .··aHIB\1"-- I " PAGE_L_.OFL 2013027728 Page 2 of 2
FILED and RECORDED Instrument Number: 2013027728 FUing and Recording Date: 06/1012013 04:03:20 PM Pages; 2 Racordlng Fee: $21.0C1 ·-------tf-+.ltere~iinstnmrent·warFJtED'"O'If1lw1l~mestamp arson an RECORDEO In the OFFICIAL PUBLIC RECORDS of Brazoria Courrty, lexas.
- . .ANY PR6Visi6N'coNiAiNEifiN AN'f·noeuMENrWHicH Rffim1cts "iHE's:A.iE, RENrAL. oit'ti8Eoi= .. . .. . .. ...... .... . . .. ... 11-tE REAL PROPERlY OESCRIBEO THEREIN E3ECAUSE OF RACE OR CO~OR ]S INVALID UNDER FEDERAL. LAW AND IS UNENFORCEABLE.
DO NOT DeSTROY ... Warning, this document Is part of the Official Public Record. I • !
tclerk-megan
I l i I Ii I EXHIBIT 11 ~ l II
PAGE_£_0F0][00_ _I
' .! I
"
AFFIDAVIT OF ADVERSE POSSESSION . e, STATE OFiEXAS § § KNOW ALL BY THESE PRESENTS~ COUNTY OF BRAZORIA ~
Legal: LOTTWENTY-EtGHT (28), BLOCK THREE (3), SOUTI-IDOWN SECTION THREE (111) A SUSDMSJON OF 55,0617 ACRES bUT OF H.T.& B. RR SURVEY, SECTION 11, ABSTRACT 310, BRAZORIA COUN1Y, TEXAS, ACCORDING TO TiiE MAP OR PLAT THEREOF, RECORDED IN VOLUME 17, PAGE 153AND 1540FTI-ffi PlAT RECPRDS OF BRAZDRJA COUNTY, TEXAS.
STAlE OF TEXAS § § COUNlY OF·BRAZORIA §
BEFORE M~ the undersigned ~uthortty, on this day personalty appeared Paule M. Miller, known to ba to be fhe person whose name Is subsoribed fo the foregofng tnstroment, and aokncmledged to me that she executed the same for ihe purposes and consideration therein expre~ed. i i. I
II· ~ ~~nd and se~ of office on this ~day .of August, 2011. r
Given Under,
~!UbluW~ Notary signature
Retum fu:
I i.
EXHI5::!~· PAGE . ~---~t I ..! I I
I I I I I I I I -·. ,_,. .............- ..... ·:-·-· . ... ·----·:· . ·j-- ... .:!-··::: ~ ~ ....i,_, iI ..................................l. . 1 I I ·I··
i.
Il
. . p lr-I --··--·----- --··- .. ·-·· ,-- .. ---·····-'-·--·-·---- --·-- ·- -- ...... -· -· --· .. -· ·------- -··- eXHIB~'- "'f pAGE ·----.-'i' 2) . . i-== I. I •
t RELEASE OF LIS PENDENS
THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZORIA
THAT the undersigned, of the County of Brazoria and State of Texas, Holder of that certain Lis Pendens styled "PAULA M. MILLER vs, JAMES A SMITH, SMITH LIMITED PARTNERSHIP #4 LLC OR JAMES A. PRINCE", in Brazoira County, Texas, said suit further described in Notice of Lis Pendens filed for record in the Office of the County Clerk of Brazoria Counly, Texas, on AUGUST 25, 2003, under County Clerk's File No(s). 2003053083, against the property described as follows:
LOT 28, IN BLOCK 3, OF SOUTHDOWN, SECTION 3, A SUBDIVISION IN BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 17, PAGE 153 OF THE MAP AND/OR PLAT RECORDS OF BRAZORIA COUNTY, TEXAS.
FURTHER, for a good and valuable consideration paid to the undersigned, the receipt of which is hereby acknowledged, the undersigned has RELEASED AND DISCHARGED, and by these presents hereby RELEASES AND DISCHARGES the above described property from said Lis Pendens and lawsuit.
EXECUTED this _ _ _ _ day of _ _ _ _ _ _ _ _ _, 2013.
PAULA M. MILLER
By:_ _ _ _ _ _ _ _ _ _ __ Name: _ _ _ _ _ _ _ _ _ _ __ Title:_ _ _ _ _ _ _ _ _ _ __
THE STATE OF TEXAS
COUNTY OF ________
·This instrument was acknowledged before me on _ _ _ _ _ _ _ __ 2013, by PAULA M. MILLER.
Notary Public, State of Texas My Commission Expires: - - - - - -
EXHlBIT' £ " PAGE_L._Of__L. RELEASE OF LIS PENDENS
THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTYOFBRAZORIA
THAT the undersigned, of the County of Brazoria and State of Texas, Holder of that certain Lis Pendens styled "PAULA M. MILLER vs. JAMES A. SMITH a/k/a JAMES A. PRINCE'\ in Brazoira County, Texas, said suit further described in Notice of Lis Pendens filed for record in the Office of the County Clerk of Brazoria County, Texas, on SEPTEMBER 19, 2005, under County' Clerk's File No(s). 2005054235, against the · property described as follows:
LOT 2&, IN BLOCK 3, OF SOUTHDOWN, SECTION 3, A SUBDIVISION IN BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 17, PAGE 153 OF THE MAP AND/OR PLAT RECORDS OF BRAZORIA COUNTY, TEXAS.
FURTHER, for a good and valuable consideration paid· to the undersigned, the receipt of which is hereby acknowledged, the undersigned has RELEASED AND DISCHARGED, and by these presents hereby RELEASES AND DISCHARGES the above described property from said Lis Pendens and lawsuit.
EXECUTEDthis _ _ _ _ dayof _ _ _ _ _ _ _ ___,2013.
By: _ _ _ _ _ _ _ _ _ _ __ Name:. _ _ _ _ _ _ _ _ _ _ __ Title: _ _ _ _ _ _ _ _ _ _ __
COUNTY OF _______
This instrument was aclrnowledged before me on - - - - - - - - - 2013, by PAULA M. MILLER.
Notary Public, State of Texas My Commission Expires:------
EXHIB,T' ~ I
P.A.GE_2:::._0F_k_ RELEASE OF LIS PENDENS
THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF BRAZORJA
THAT the undersigned, of the County of Brazoria and State of Texas, Holder of that certain Lis Pendens styled "PAULA MILLER vs. JAMES PRINCE alk/a JAMES SMITH", Under Cause Number 01-13-00243-CV, in Brazoira County, Texas, said suit further described in Notice of Lis Pendens filed for record in the Office of the County Clerk of Brazoria County, Texas, on JUNE 10, 2013, under County Clerk's File No(s). 2013027728, against the property described as follows:
LOT 28, IN BLOCK 3, OF SOUTHDOWN, SECTION 3, A SUBDIVISION IN BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 17, PAGE 153 OF THE MAP AND/OR PLAT RECORDS OF BRAZORIA COUNTY, TEXAS.
FURTHER, for a good and valuable consideration paid to the undersigned, the receipt of which is hereby acknowledged, the undersigned has RELEASED AND DISCHARGED, and by these presents hereby RELEASES AND DISCHARGES the above described property from said Lis Pendens and lawsuit.
EXECUTED this _ _ _ _ day of _ _ _ _ _ _ _ _ _., 2013.
PAULA MILLER
By: _ _ _ _ _ _ _ _ _ __ Name:. _ _ _ _ _ _ _ _ _ _ __ Title:_ _ _ _ _ _ _ _ _ _ __
COUNTY OF _ _ __
This instrument was acknowledged before me on - - - - - - - - - 2013, by PAULA MILLER.
Notary Public, State of Texas My Commission Expires:-~---- RELEASE OF AFFIDAVIT OF ADVERSE POSSESSION
THE STATE OF TEXAS KNOWN ALL MEN BY THESE PRESENTS COUNTY OF BRAZORIA
THAT the undersigned, of the County of Brazoria and State of Texas, Holder of that certain Affidavit of Adverse Possession styled "PAULA M. MILLER vs. JAMES A. SMITH a/k/a JAMES A. PRINCE", in Brazoria County, Texas, said suit further described in correction of a Lis Pendens filed for record in the Office of the County Clerk of Brazoria County, Texas, on SEPTEMBER 19, 2005, under County Clerk's File No(s). 2005054235, such notice being filed under County Clerk's File No. 2011035377 (See Exhibit ''1" attached hereto and incorporated herein for all purposes), against the property described as follows: LOT 28, IN BLOCK 3, OF SOUTHDOWN, SECTION 3, A SUBDIVISION IN BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDD IN VOLUME 17, PAGE 153 OF THE MAP AND/OR PLAT RECORDS OF BRAZORIA COUNTY, TEXAS. FURTHER, for a good and valuable consideration paid to the undersigned, the receipt of which is hereby acknowledged, the undersigned has RELEASED and DISCHARGED, and b these presents hereby RELEASES and DISCHARGES the above described property from said Affidavit of 1 Adverse Possession and lawsuit. EXECUTED this _ _ _ day of _ _ _ _ _ _ _ _., 2014.
By: - - - - - - - - - - - - - - - - - Name: ------------------ Title: ------------------
THE STATE OF TEXAS COUNTY OF __________
This instrument W?J.S acknowledged before me on ______________
2014, by PAULA M. MILLER.
Notary Public, State of Texas My Commission Expires: _ _ __ .•• ! •I
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AfFIDAVIT OF ADVERSE POSSESSION ·.. & STArE OF TEXAS § § KNOW ALL BY lliESE PREsENTS: COUNTY OF BRAZORIA . ~
Legal= LOT TWEN'TY-EIGJIT (28), BLOCK THREE (S), SDU11-IDOWN SEaTION THREE (111) A SUBDMSION OF 55,0617 ACRES bUi OF H.T.& B. RR SURVEYr SECTION 11, ABSTRACT 310. BRAZORIA COUNlY, TEX4$, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDa> fNVOLUME 17, PAGE 153 AND 1540rlliE PlAT RECPROS OF BRAZORIA COUNTY, TEXAS.
STATEOFTEXAS § § COUNlY OF·BRAZDR!A §
SEFORE ME; the undersigned authortty, on this day personalfy appeared PaUfa M. Miller, known to ba to ba fhe person whose name fs subson"bed ~ the forego)'ng tnsfrument, and acknowiedged to me that she executed the sama for the purposes and oonslderafion therein expressed.
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