Structural Insulated Panels Texas, LP and Mattam Enterprises, LLC v. Steven M. Chapman and Cynthia C. Chapman

• Court: Court of Appeals of Texas
• Decided: November 16, 2015
• Docket: 04-15-00718-CV
• Status: Published

Opinion

CIVIL APPEALS - CERTIFICATE

To Be Filed with Court of Appeals

TRIAL COURT NO. 14209B

FILED IN STRUCTURAL INSULATED PANEL 4th COURT IN THE DISTRICT OF APPEALS COURT TEXAS, LP AND MATTAM ENTERPRISES, L.L.C. SAN ANTONIO, TEXAS 11/16/2015 2:40:40 PM VS 198TH JUDICIALKEITH E. HOTTLE DISTRICT Clerk STEVEN M. CHAPMAN AND CYNTHIA C. CHAPMAN KERR COUNTY, TEXAS

Date Notice of Appeal Filed: November li\ 2015

1. Has a motion for new trial been filed: X Yes SEPTEMBER 22ND, 2015

Will a motion for new trial be filed: - - -Yes No TH 2. Date of Judgment signed: AUGUST 26 , 2015

3. The Honorable M. Rex Emerson presided at trial.

4. The Appellant is represented by: VERNON HARRISON SBN 09132000 11645 Hwy 6 S #53, Sugar Land, Tx 77498 (830)329-2658

5. The Appellee is represented by: ALBERT D PATTILLO SBN 15623350 280 Thompson Drive, Kerrville, Tx 78028830-257-8080

6. Supersedeas Bond -----was or X was not filed. Amt.$--------------

7. Name & Address of Court Reporter: Paula Beaver, 830-537-4724 PO Box 233, Comfort, Tx 78013

8. Type of Case: Other Injury or Damages 4-\-.. Witness my hand this the 'l.J? day of November, 2015

Robbin Burlew Kerr County District Clerk .,

Case No. 14209B

STRUCfURAL INSULATED ) IN THE DISTRICI' COURT

PANELS TEXAS, LP AND (

MA'ITAM ENTERPRISES, L.L.C. )

( 198TB JUDICIAL DISTRICI' V. ) ( STEVEN M. CHAPMAN AND ) FILED~/~d 2O/S CYNTHIA C. CHAPMAN ( KERR COUNTY, TEXAS @ : S'l5 .1£M­ NOTICE OF APPEAL

This Notice ofAppeal is filed by STRUCTURAL INSULATED Pr>c."..:.--.

AND MATTAM ENTERPRISES, L.L. C., hereafter called APPELLANTS, Plaintiffs in this

cause and they seek to alter the trial court's ORDER GRANTING DEFENDANT'S

MOTION FOR FINAL SUMMARY JUDGMENT and the order ofthe trial court denying

Plaintiff's Motion for Continuance and would show the court as follows:

L

1.1 The Trial Court. cause number, and style of the case are listed in the caption of

this case as shown above.

n. 2.1 The Order described above is a final and appealable order and was signed on

August 26, 2015, and the PlaintiftlAppellant's Motion for New Trial having been over­

ruled by operation of law on November 9,2015.

Ill.

3.1 The Appellants named above, acting through their attorney of record, desire to

appeal all portions of the order and the trial court's denial of Plaintiff/Appellant's •

motion for continuance, and does hereby file this notice of appeal with the clerk of the

trial court., the District Clerk of Kerr County, Texas.

IV.

4.1 This appeal is being taken to the Fourth (4TH) Court of Appeals, in San Antonio,

Texas.

v. 5.1 The names of the parties filing this notice of appeal are Structural Insulated

Panels Texas, LP and Mattam Enterprises, L.L.C.

VERNON SON ATTORNEY FOR PLAINTIFFIAPPELLANTS 11645 Hwy 6 S #53 Sugar Land, Texas 77498 830-329-2652 SBN 09132000 Email: vlharrisonjr@yahoo.com

CERTIFICATE OF SERVICE I, Vernon Harrison, do hereby certify that a true and correct copy of the above and foregoing Notice of Appeal was furnished to all parti~,l!ndlor their counsel as required by the Texas Rules ofCivil and Appellate Procedure on the ~\l'day of ovember,2015. Case No. 141098

STRUCTURAL INSULATED ) IN THE DISTRICT COURT PAMELS TEXAS, LP AND ( MATTAM ENTERPRlSES,LLC. ) ( 198TH JUDICIAL DISTRICT V. ) ( STEVEN M. CHAPMAN AND ) CYNmIA c. CHAPMAN ( KERR COUNlY, TEXAS

MOTION FOR NEW TRIAL

STRUCTURAL INSULATED PANELS TEXAS, LP AND MATTAM ENTERPRISES, L.L.C., hereafter called PLAINTIFFIMOVANT, moves this Court to set aside the summary judgment rendered against them on August 26,2015, and grant them a new trial in this cause.

1.1 This Motion is presented within the time limits prescribed by the Texas Rules ofCivil Procedure for a Motion for New Trial.

IL

2.1 The Court erred in failing to grant the motion for continuance filed by PlaintifflMovant prior to the hearing. The Defendants provided no notice to PlaintiffIMovant ofthe date and time of the hearing set to hear the motion for summary judgment. Actual notice was not received by PlaintiffIMovant until 20 days prior to the hearing instead of the 21 days required by Rule 166a. The PlaintifflMovant did not have adequate time to prepare and the motion for continuance should have been granted.

2.2 The Court's sustaining of Defendants' objections to documents 1,2,3,4, & 5 was not justified by the filets or argument of counsel. The said documents were llroperly attached to valid affidavit~ and went to show that the PlaintiffIMovant had a valid claim against the Defendants.

2.3 The Court erred in Granting Defendants' objection to the affidavit of Vernon Harrison. 2.4· The Court erred in sustaining Defendants' objection to the affidavit of Matt Moser. 2.5 The Court erred in sustaining Defendants' objection to the affidavit of Tom Moser.

m. 3.1 The Court's Order Granting Defendants' Motion For Final Summary Judgment is not supported by the law or the facts in light of the Court's error in 1) failing to grant PlaintiffIMovant's Motion for Continuance, and 2) granting objections to all of PlaintiffIMovant' s proffered summary judgment evidence. 3.2 There is evidence to sustain and support PlaintiffIMovant's causes of action, and the Court should have denied the motion for summary judgment and allowed the case to proceed to trial.

4.1 PlaintiffIMovant bas meritorious claims against the Defendants.• 4.2 The granting ofa new trial will not prejudice the other party to this cause. 4.3 PlaintiffIMovant is ready, able and willing to go to trial immediately and no delay, harm or prejudice will occur to the other party as a result of PlaintifflMovant's motion. PRAYER.

PlaintifflMovant prays that after notice that the Court bold a hearing, and after such hearing the summary judgment rendered in this cause be set aside and that PlaintiffIMovant be granted a new trial.

CERTIFICATE OF SERVICE

I, Vernon Harrison, do h e Yr¥bify that a true and correct copy ofthe above and foregoing

Motion for New Trial was furnis to all parties and/or their counsel as required by the Texas Rules ofCivil Procedure on y of September,-.. 2015.

~~ , .

;'''--.;/ '" .

VERN~~'~

FllE02"'" :2" _20..;s­ @}r: ss:.., ft.JA ROBBIN BURLEW District Cle rr C unty, TX , NO. 14209B

STRUCTURAL INSULATED PANELS

TEXAS, LP AND MATTAM

ENTERPRISES, L.L.C.

Plaintiffs, §

§ v. § 198TH JUDICIAL DISTRICT § STEVEN M. CHAPMAN AND § CYNTHIA C. CHAPMAN § Defendants. § OF KERR COUNTY, TEXAS

ORDER GRANTING

DEFENDANTS' MOTION FOR FINAL SUMMARY JUDGMENT

On this day, the Court heard and considered Defendants Steven M. Chapman and Cynthia

C. Chapman's Motion for No·Evidence Summary Judgment, and the response thereto, and after

reviewing the evidence and hearing the arguments, the Court finds that the Motion should be

GRANTED.

IT IS THEREFORE ORDERED that the Plaintiffs take nothing, and their suit against

Defendants is dismissed with prejudice to re-file.

IT IS FURTHER ORDERED that Plaintiffs, Structural Insulated Panels Texas, LP and

Mattman Enterprises, L.L.C., jointly and severally, shall immediately pay to Defendants Steven

M. Chapman and Cynthia C. Chapman, the sum of $ 7 ff' as reasonable and necessary

attorney fees.

This is a full and final judgment disposing of all issues and parties, and is appealable.

Let execution issue.

SIGNED on U 2.(.. ,2015.