the Discovery Group, Incorporated D/B/A Preferred Corporate Housing v. Richard Kammen, Individually and Dba Richard Kammen & Associates

CourtCourt of Appeals of Texas
DecidedMarch 17, 2015
Docket01-15-00243-CV
StatusPublished

This text of the Discovery Group, Incorporated D/B/A Preferred Corporate Housing v. Richard Kammen, Individually and Dba Richard Kammen & Associates (the Discovery Group, Incorporated D/B/A Preferred Corporate Housing v. Richard Kammen, Individually and Dba Richard Kammen & Associates) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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the Discovery Group, Incorporated D/B/A Preferred Corporate Housing v. Richard Kammen, Individually and Dba Richard Kammen & Associates, (Tex. Ct. App. 2015).

Opinion

on 3/17/2015 12:21 :19 PM

OFFICE OF STAN STANART FILED IN COUNTY CLERK, HARRIS COUNTY, TEXAS 1st COURT OF APPEALS CIVIL COURTS DEPARTMENT HOUSTON, TEXAS 3/17/2015 12:31:33 PM March 17, 2015 CHRISTOPHER A. PRINE Clerk Court of Appeals 301 Fannin Houston, Texas 77002LETTER

OF ASSIGNMENT

Trial Court Docket Number: 1029597 Trial Court Number: Three (3)

Style: THE DISCOVERY GROUP, VS. RICHARD KAMMEN, INDIVIDUALLY AND

D/B/A CORPORATE HOUSING DBA RICHARD KAMMEN & ASSOCIATES APPELLANT(S) APPELLEE(S)

Judge: LINDA STOREY

Appellant(s) Attorney: Appellee(s) Attorney: Steven D. Poock, N o. 00794473 A. Munzo, N o. 24071782 POBox984 4950BissonnetStreet Land, Texas 77487 Bellaire, Texas 77401 Phone: (281) 277-7678 Phone: (713) 523-0400 Fax: (281) 277-7679 Fax: (713) 523-0408 E-Mail: spook@juno.com E-Mail: N/A

The Group, Incorporated, appellant, filed a Notice of Appeal on March 16, 2015 from the Final that

was on March 5, 2015.

The Clerk’s Record is due to your office on or before 4, 2015.

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

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

1 1

1 FILED 3/16/20151:09:34PM Stan Stanart

County

1029597 THE DISCOVERY GROUP, § IN THE COUNTY CIVIL INCORPORATED d/b/a PREFERRED § CORPORATE HOUSING § § COURT AT LAW NO. THREE

RICHARD KAMMEN, INDIVIDUALLY § and dba RICHARD KAMMEN § OF HARRIS COUNTY,TEXAS ASSOCIATES NOTICE OF APPEAL

1. The Discovery Group, Incorporated d/b/a Preferred Corporate Housing appeals the .Iudgment” in the above-referencedcase signedby CountyCivil at Law No. 3 on March 5, 2015.

2. PlaintiffThe DiscoveryGroup,Incorporatedd/b/a PreferredCorporateHousingappeals the "0rder an Objections " signed by County Civil Court at Law No. 3 and dated March 5, 2015.

3. Plaintiff appeals to the First or Court of Appeals.

Submitted,

Steven D. Poock P.O. Box 984 Sugar Land, TX 77487 Tel: (281) 277-7678 Fax: (281) 277-7679 State BarNo. 00794473 spoock@juno.comCOUNSEL FOR PLAINTIFF

CERTIFICATE OF SERVICE I herebycertifythat the foregoingNotice of Appealhas been forwardedto each attomey of record in accordance with Texas Rule of Civil Procedure 21a, on the day of March, 2015.

StevenPoock

2 No.1029597 THE DISCOVERY GROUP, § IN THE COUNTY CIVIL COURT INCORPORATEDd/b/aPREFERRED § HOUSING

vs. RICHARD and d/b/a § § AT LAW NUMBER THREE (3)

RICHARD KAMMEN & ASSOCIATES OF HARRIS COUNTY, TEXAS

FINAL JUDGMENT BE IT REMEMBERED, on the day of 2014, came on to be heard , Defendant’sFirstAmendedMotion for Judgmentin the above-styled and-numbered cause

came the Defendant by and through his attorney of and announced ready and came the

Plaintiff by and through its attorney of record, and announced ready. The Court considering

the pleadings, and arguments of counsel finds that there is no genuine issue as to any

fact and the Defendant is entitled to judgment as a matter of law.

It is therefore ORDERED, ADJUDGED and DECREED that the Defendant’ s First Amended

Motion for Summary Judgment be and the same is in all things granted.

It is further ORDERED, ADJUDGED and DECREED that the THE DISCOVERY

GROUP, INCORPORATEDd/b/ a PREFERRED CORPORATEHOUSING take nothingby its suit

against Defendant RICHARDKAMMEN because the statute of limitations to said claimhas run and

that Defendant RICHARD KAMMEN recover his reasonable attorney’s fees in the amount of

$10,500.00for the prosecutionof this case through this summaryjudgment

’| |llcostsincurred .- · ·- ·- : ·

herein together with interest on said judgment at the rate of (5%) percent per annum from the

date hereof until paid, for all of which let execution issue.

· -

3 Allrelief not expresslygrantedherein is

day

JUDGE APPROVED TO AS FORM AND SUBSTANCE: McCORMICK, LANZA & McNEEL, LLP

ANDREW P. McCORMICK BarNo. 13457100

LAURIE A. MUNOZ State Bar No. 24071782

4950Bissonnet Street Bellaire,Texas77401 523-0400/(713)523-0408- Fax

ATTORNEYS FORDEFENDANTCERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above foregoing Final Judgment has been served on Steven D. Poock, Attorney at Law, P. O. Box 984, Sugar Land, TX 77487, by facsimile day of ,

ANDREW P. McCORMICK

of this 0 be

the

: .

4 Cause THE DISCOVERY GROUP, § IN THE COUNTY CIVILCOURT INCORPORATEDd/b/a PREFERRED § CORPORATEHOUSING § § AT LAW NUMBER THREE (3) vs. §

RICHARD individually and d/b/a § RICHARD OFHARRIS TEXAS ORDERON OBJECTIONS

After considering DefendantKammen’ objections to the P1aintiff’s Response to Def`endant’s

Amended Motion for Judgment, the the the affidavits, and other

evidence on file, the Court

S the objectionand strikesthe documentsmarked Exhibits l-A, 1-B,1-C,

and l-D attachedto s Response to Defendant’sAmended Motion for SummaryJudgment as

not being properly authenticatedand inadmissiblehearsay.

SUSTAINS the objection and the Section Nos.

contains in the of Megan Margetusakis attached to Plaintiff"s Response to Defendant’s

Amended Motion for Judgment.

SIGNED on

JUDGEPRESIDING

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the Discovery Group, Incorporated D/B/A Preferred Corporate Housing v. Richard Kammen, Individually and Dba Richard Kammen & Associates, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-discovery-group-incorporated-dba-preferred-corporate-housing-v-texapp-2015.