Sterling Interests Investments, Inc. D/B/A Elite Collision Center v. CC Auto Brokers, Inc.

• Court: Court of Appeals of Texas
• Decided: January 21, 2015
• Docket: 14-15-00078-CV
• Status: Published

Opinion

on 1/21/2015 2:43:48 PM

OFFICE OF STAN STANART FILED IN COUNTY CLERK, HARRIS COUNTY, TEXAS 14th COURT OF APPEALS CIVIL COURTS DEPARTMENT HOUSTON, TEXAS 1/21/2015 2:47:02 PM January 21, 2015 CHRISTOPHER A. PRINE Clerk Court of Appeals 301 Fannin Houston, Texas 77002LETTER

OF ASSIGNMENT

Court Docket Number: 978206 Trial Court Number: Four (4)

1· y e. ELITE COLLISION CENTER, ET AL. VS. CC AUTO BROKERS, INC.

APPELLANT(S) APPELLEE(S)

Judge: ROBERTA LLOYD I

Appellant(s) Appellee(s) Attorney: Michael R. N o. 24025414 Marc Wojciechowski, N o. 2184460 1330 Pos Oak Boulevard Suite 2550 17447 Kuykendahl Road, Suite 200 Houston, Texas 77056 Houston, Texas 77379 Phone: (713) 864-6401 Phone: (281) 999-7774

(713) 877-8669 Fax: (281) 999-1955

Elite Collision Center, ET AL., appellant, filed a of Appeal on 16, 2015 the Final Judgment that was signed on December 15, 2014.

Motion to for New Trial January 16, 2015

The Clerk’s Record is due to your office on or before 14, 2015.

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

1525 I TX I (713) 755-6421

1 1

1 FILED 1/16/20159:50:43 PM Stan County County

No. 978206

CC AUTOBROKERS,INC. § IN THE ATLAw § vs. § NUMBERFOUR (4) § § HARRIS TEXAS

Notice is hereby given that the Defendant, Elite Collision et al, from the Final Judgment signed December 15, 2014, the order overruling Defendant’s Motion for Directed Verdict

(and the overruling of those motions by operation of law previously), all adverse interlocutory

rulings that merged into the judgment.

The Final Judgment and all orders were signed in Cause No. 978206; CC Auto Brokers, Inc.

vs. Elite Collision Center, et al; In The County At Law Number Four (4) of Harris

Texas. The appeal will be to the ofAppealsRespectfully

submitted,

THE LAW FIRM

By: /s/ MICHAEL R. HARRIS State Bar No. 24025414 1330 Post Oak Blvd., Suite 2550 Houston, Texas 77056 Telephone No. 713-864-6401 Facsimile No. 713-877-8669

ATTORNEY FOR DEFENDANT

CERTIFICATE OF SERVICE

A true copy of Defendant’s Notice of Appeal was served on Friday, January 16, 2015, by hand delivery, mail, return receipt requested, and/or fax, and/or email to the following counsel ofrecord Marc Wojciechowski, Wojciechowski & Associates, P.C. 17447 Kuykendahl Road, Suite 200 Spring, Texas 77379./s/Michel

Harris

l

2 "CLOSED" CauseNo. 978206 INC.,AND C.C.AUTOBROKERS, § INTHECOUNTYCOURT MICHELLE L. GAY § ATLAWNO. v. § STERLING INVESTMENTS, § HARRIS COUNTY, TEXAS INC. FINAL On the lst day of December, 2014, the Court called the above and lawsuit

to trial. Plaintiff, C.C. Auto Brokers, Inc. appeared by and through its attorney of record and

announced ready for trial. Defendant, Sterling Interests Investments, Inc. appeared by and through

its attomey of record and announced ready for trial. On 2nd day of December, 2014, the Court

impaneled and swore in a of six (6) persons. The parties in the above entitled and

numbered lawsuit presented to the jury live testimony, exhibits, and arguments of counsel. As of

the 3rd day of December, 2014, all parties rested and closed. The Court then submitted the case to

thejury by way of written questions, and instructions. Thejury made findings that were

received by the Court, were filed, and entered on the record. Thejury’s findings are accepted by the

Court in their totality and are incorporated herein by reference.

C.C. Auto Brokers, Inc. moved forjudgment on the answers to Question 1 (liability),

Question 3 (damages) and Question 5 (attorney fees).

It is therefore Ordered, Adjudged, and Decreed that Plaintiff C.C. Auto Brokers, Inc.

have and recover from Defendant Sterling Interests Investments, Inc. actual damages found by the

jury in answer to Question 1 in the amount of

3 It is further Ordered, Adjudged, Decreed that C.C. Auto Inc. have

and recover Interests Investments, Inc. attorneys fees found by the jury in

answer to Question 5 in the amount of $22,500.00.

It is further Ordered, Adjudged, and Decreed that Plaintiff C.C. Auto Brokers, Inc. have

and recover from Defendant Sterling Interests Investments, Inc. prejudgement interest calculated as

simpleinterest,not compounded,at the rate of 5% per annumin the amountof $859.59.

It is further Ordered, Adjudged, and Decreed that all cost of court in the amount of

$99.00 are hereby taxed against the Defendant Sterling Interests Investments, Inc., and awarded to

Plaintiff C.C. Auto Brokers, Inc.

It is further Ordered, Adjudged, and Decreed that Plaintiff C.C. Auto Brokers, Inc. have

and recover from Defendant Sterling Interests Investments, Inc. post judgement interest at the rate

of 5% per compounded annually on the judgement amount of $27,289.48 the date of

this judgement until this judgement is satisfied.

It is further Ordered, Adjudged, Decreed that Defendant Sterling Interests

Investments, Inc. take nothing from Plaintiff C.C. Auto Brokers, Inc. in the above entitled and

numbered lawsuit.

It is further Ordered, Adjudged, and Decreed that execution shall issue on this judgment

and all writs and processes for the enforcement and collection of this judgment and/or court cost

shall issue as necessary.

This judgment is intended to, and does, fully and dispose of all parties and all claims

in the above entitled and numbered lawsuit as of the time of entry of this judgment. This

judgment is final and appealable.2

4 All other relief not expressly granted herein is hereby denied.

Signedthis dayof 2014.

a Lloyd JUDGEPRESIDING

Approvedas to and RenditionRequested:

Mac ski State . No. |44600 Chris Paugh StateBarNo. 24041664 17447 Kuykendahl Road, Suite 200 Spring, Texas 77379 Telephone: 28 1-999-7774 Facsimile: 281-999-1955 Email: ATTORNEYSFORPLAINTIFF, C.C. AUTO BROKERS, INC.

Approved to Form Only:

HARRISLAW

MichaelR. Harris StateBarNo. 24025412 1330 Post Oak Blvd., Suite 2550 Houston, Texas 77056 Telephone: 713-864-6401 Facsimile:713—877—8669 Email: ATTORNEY FOR STERLING INTERESTS INVESTMENTS, INC.3