Tom J. Jones, and All Occupants v. Dinh Tran & Sonny & Anna, LLC

• Court: Court of Appeals of Texas
• Decided: January 23, 2015
• Docket: 14-15-00084-CV
• Status: Published

Opinion

on 1/23/2015 11:11 :29 AM

OFFICE OF STAN STANART FILED IN COUNTY CLERK, HARRIS COUNTY, TEXAS 14th COURT OF APPEALS CIVIL COURTS DEPARTMENT HOUSTON, TEXAS 1/23/2015 11:15:10 AM January 23, 2015 CHRISTOPHER A. PRINE Clerk Court of Appeals 301 Fannin Houston, Texas 77002LETTER

OF ASSIGNMENT

Court Docket Number: 1055023 Trial Court Number: Two (2)

1· y e. TOM J. JONES ET AL. VS. TRAN ET AL. APPELLANT(S) APPELLEE(S)

Judge: THERESA W. CHANG I

Appellant(s) Appellee(s) Attorney: A. Rush, N o. 17400700 Vivian H. Phan, N o. 24058044 3806 Live Oak 6918 Corporate Drive, Suite A9 Houston, Texas 77004 Houston, Texas 77036 Phone: (832) 275-3999 Phone: (713) 772-1991 Fax: N/A Fax: (713) 758-0318 E-Mail: N/A E-Mail: vplawfirm@gmail.com

Tom J. Jones, appellant, filed a of Appeal on January 21, 2015 from the Final Judgment that was signed on January 12, 2015.

The Clerk’s Record is due to your office on or before 13, 2015.

/S/Joshua Alegria Joshua 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 Docket Number: 1055023

DINH TRAN et * In the County Civil

vs. at 2(Two) TomJ. Jones et al. * County,Texas

NOTICEOFAPPEALOF COURTDECISIONTO UPHOLDEVICTIONAND RETURNPROPERTYTO OWNEROFRECORD

TOM J. JONES, Appellant, pursuant Texas Rule of Civil Procedure 510.9©(3). Appeals the decision of the County Civil Court of Law No. Two (2) entered on January 12, 2015, in Harris County, Texas in CAUSE NUMBER 1055023.

For these reasons and in the interest of justice, Appellant prays that this Court forward all related documents to the County District Court for resolution. A trial by JURY is requested.Respectfully

submitted,

ones 4223 Lyons Avenue Houston, Texas 77020 (832) 891-8295

CERTIFICATEOF SERVICE

I certify that a true and correct copy of this document was sent to Attomey Vivian H. Pham, Attomey for Dinh Tran and Sonny and Ann LLC, via Fax at 713-758-0318 and via Retum Receipt U.S. Mail to: 6918 Corporate Dr. Ste. A9, Houston Texas 77036 on the Day ofJanuary

J| I / Tom

2 "CLOSED" No.1055023 - DINH TRAN & SONNY & ANNA, § IN THE COUNTY CIVIL COURT LLc § PLAINTIFFS/APPELLANTS, § AT LAWNO. TWO (2) VS. § HARRISCOUNTY, TEXAS TOM J. JONES, AND ALL § OCCUPANTS AT 4223 LYONS § AVENUE, TX 77020

DEFENDANT/APPELLEE. §§

FINAL JUDGMENT

On the heard the Appeal brought by Defendant/Appellant , TOM J. JONES, ET.AL, Plaintiffs/Appellees DINH TRAN & SONNY & ANNA,

LLC from on the Petitionfor ForcibleDetainer.

1. Defendant/Appellant TOM J. JONES, ET.AL appeared in person and by attomey.

2. Plaintiffs/AppelleesDINH TRAN & SONNY & ANNA, LLC appeared by attorney and

representative.

3. The hearing is on the appeal brought by TOM J. JONES, ET.AL, against whom

judgment was rendered in cause number EV6l CO02lOll, In The Justice of Harris

County Precinct 6 Place l.

4. Judgment was rendered on October 16, 2014, following the trial of a Petition for Forcible

Detainer by Plaintiffs/Appellees DINH TRAN AND SONNY AND ANNA, LLC

against TOM JONES, Defendant/Appellant.

5. The Court that it had proper jurisdiction over the cause and that venue was

6. The court found that this was a suit for forcible detainer to leased premises at

3 4223 LYONS AVENUE, HOUSTON, TX 77020 and a lease into by

the parties on March l, 20l l.

7. the lower the Court ORDERED,ADJUDGEDAND DECREED that

Plaintiffs/AppelleesDINH TRAN AND SONNY AND ANNA, LLC should receive

judgment for possession of the premises. The Court further ordered that a Writ of

Possession be granted ordering the Constable of this Precinct to place

Plaintiffs/Appellees TRAN AND SONNY AND ANNA, LLC in possession of

the premises.

8. The Court today proceeded to a trial de novo on the issuespresented.

9. After hearing the evidenceand arguments,the Court ORDERED,that Plaintiffs/Appellees

DINH TRAN AND SONNYAND ANNA, LLC is awardedpossession ofthe rental unit

located at 4223 LyonsAvenue, Houston,TX 77020.

10. Defendant/AppellantTOM J. JONES and all other occupants of the premises is

ORDERED to move out of the rental unit at the above location on or

before . ll. It is ORDERED, that Plaintiffs/Appellees DINH TRAN AND SONNY AND

ANNA, LLC shall have all writs of execution and other process issued which are

to enforce this judgment, including a writ of possession which may issue

|, for which let executionissue.

12. Plaintiffs/Appellees DINH TRAN AND SONNY AND ANNA, LLC is awarded a

judgment in the amount of unpaid rent against Defendant/AppellantTOM

J. JONES.

13. Plaintiffs/Appellees DINH TRAN AND SONNY AND ANNA, LLC is awarded a

4 judgment in the of $__ Defendant/AppellantTOM J.

JONES, for reasonable and necessary and $152.00 in court cost incurred

herein.

14. It is ORDERED that STAN ST ’ T, County Clerk, pay Plaintiffs/AppelleesDINH

AND AND A, held · th| Court i| this ca|e, along any ac| umulated terest. The|e shall be c edited

to y j dgments a ard| to Plaintiffs/ |pell|s DINH T| ` D SONNY D ANNA, LLC.

15. It is, ORDERED, ADJUDGED, AND DECREED by this Court that

Plaintiffs/Appellees DINH TRAN AND SONNY AND ANNA, LLC is entitled to and

shall have judgment against Defendant/AppellantTOM J. JONES for all cost of court,

and for post judgment interest at the rate of 5.00% per annum and the date of judgment herein until paid in for all of which let executionand

such other writs as are necessary issue to thisjudgment.

16. Thisjudgment is and disposesof all parties and claimsin this case.

17. In the event that an appeal of thisjudgment, supersedesbond shall be set in the amount of

$ 0 and shall be posted within ten (10) days from the date of the

signing hereof in the f`0rrnof cash or surety licensed by and to do business in the State of Texasfor such At the of was found to be for the best photographlc carbon or photo copy, paper, etc. All and were present at was and

Judge