Tracette House v. Cuney Homes

Court of Appeals of Texas·Decided November 19, 2015·No. 14-15-00963-CV·Published

Opinion

on 11/19/2015 4:20:36 PM

OFFICE OF STAN STANART FILED IN COUNTY CLERK, HARRIS COUNTY, TEXAS 14th COURT OF APPEALS CIVIL COURTS DEPARTMENT HOUSTON, TEXAS 11/19/2015 4:25:17 PM November 19, 2015 CHRISTOPHER A. PRINE Clerk Court of Appeals 301 Fannin Houston, Texas 77002

LETTER OF ASSIGNMENT

Trial Court Docket Number: 1067413 Trial Court Number: One (1)

Style: TRACETTE HOUSE VS. CUNEY HOMES APPELLANT(S) APPELLEE(S)

Judge: CLYDE R LEUCHTAG

Attorney: Appellee(s) Attorney: Tracette House, Pro Se Kevin Fulton, No. 24059787 Po Box 24453 2855 Mangum Road Suite 114 Houston, Texas 77229 Houston, Texas 77092 Phone: N/A Phone: (713) 677-0109 Fax: N/A Fax: (832) 201-8847 E-Mail: tracette@bu.edu E-Mail: N/A

Tracette House, appellant, a of Appeal on November 9, 2015 the Final that was on October 30, 2015.

The Clerk’s Record is due to your office on or before December 29, 2015.

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

1525 I TX I (713) 755-6421

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1 NOTICE OF APPEAL (COURT OF APPEALS)

THECIVILCOURTFORTHECOUNTYOF HARRIS STATEOF TEXAS

CUNEY HOMES § NOTICE OF APPEAL

CIVIL FILE NO.1067413COURT#1 TRACETTE HOUSE DATEOFORDER

DATEWRITENTERED

TO: County Clerk, County, Texas Civil Courts 201 / Suite500 Houston,Texas77002

PLEASE TAKE NOTICE that, the Defendant appeals the judgment rendered by this Honorable Court in the above styled and number cause. From an order WRIT OF POSSESSION ON PROPERTY of the court (Entered 11/02/2015) on the date shown. e.g., denying Defendant’s motion for a new Trial. e.g., Dismissal under The Rule 12(C) Motion for Judgment on the Pleadings.\

DATED:

TRACETTE HOUSE (Party Appealing) POST OFFICE Box24453 TRACETTE@BU.EDUHOUSTON, TEXAS77229 KEVIN HAROLD FULTON (Attorneyfor 2855MANGUMROADSUITE114 HOUSTON, 77092 7l3—677—0l09 SBN:24059787 ORION REAL SERVICES ESTATE i HOMES ·· 1455w. LOOPS.SUITE 800 TEXAS HOUSTON, 77027

· SIGNATURE

2 NOTICE OF APPEAL (COURT OF APPEALS) 1

THE CIVIL COURT FOR THE COUNTY OF HARRIS STATEOFTEXAS CUNEYHOMES § NOTICEOF APPEAL

v. § CIVIL ACTION FILE NO. 1067413COURT#1 HOUSE TRACETTE §DATE OFORDER DATE ENTERED

APPEAL PETITION AND REVERSAL OF JUDGMENT AND STAY

1. SettlementAttempts. Then, in 2015, T made a second attempt at settling LL/Tenant dispute. In many of the attempts at settlement failed. of by Attorney of "Attorney seeks possession T, before

2. A "demand or substitute method, was given to the Defendant on: August 04, 20 l 5.

Response: The Defendant has fully the Judgment.

3. to Collect the Defendant. The likelihood that the Defendant is able to pay the judgment if obtained, is: "good because Judge determined that Defendant did not owe Plaintiffs any money on Plaintiffs claim."

4. Up

Defendant Response.

Anticipated Defense.

Dollar claim is exaggerated.

The Claim was in the wrong court.

Claim is not valid.

Jury trial requested (where available).CASE

Outlineofthe Case.

Introduction.1. Notice of appeal or Motion for Appellate review.

3 NOTICE OF APPEAL (COURT OF APPEALS) 2

2. has force T to post a bond or provide other 3. T does not need to post a supersedeas bond to begin an 4. Explain why that amount of the bond is appropriate to secure the interest. 5. FRCP 62(C) permits a to stay an injunctive order pending an appeal of the order, whether the order is granted or denied injunctive (characterizing any "order to do," as opposed to an "order to pay," as injunctive. 6. FRCP 62(a) (applying automatic stay while post-judgrnent motions remain pending). 7. Posting a full bond is financially impractical, unnecessary, or impossible because of or exceptionalcircumstances. 8. Legal system should not force parties hit with immense judgments to forgo their rights to appeal. 9. Fed.R. App.P. 8(a);Cal Civ.Pro.Code,995.240(permittingthe trial courtto waivethe bond requirement for an indigent); 10. Cal. R. Ct. 8.112 (West 2008) (permitting a petition for writ of supersedeas to be filed in the appellate court) l2. Need for stay and the reason why security cannot be provided. 13. T of inability, the amount is excessive, legal theory was weak. 14. T will be able to raise substantial issues on appeal.

First, Plaintiff failed to show, as they must, that the Trial Court committed probable error. Instead they simply reiterate arguments the trial court rejected. (e.g., LL claim for back rent). Nor can they show probable B. Second, Plaintiff failed to show, as they must, that without a supersedeas, they would be deprived of the of success on appeal. That is, they have not shown either that the denial of supersedeas would cause them irreparable injury or that the granting of supersedeas would not cause the T disproportionate C. Indeed,Plaintiffcannotmakethat showing. D. The harm in denying supersedeas would be insubstantial, as its plan is to evict the T. E. By contrast, the grant of the supersedeas would cause the T and her animal aide substantial harm.F. "With their obvious potential for financial prejudice and disruption," challenges like Plaintiffs' must not be permitted to drag on to the potential serious injury" of an entity like the PHA or the public at large. G. Given Plaintiffs failure to carry their burden and the serious injury that further delay threatens, this Court should summarily deny their supersedeas and stay request. H. A bond procured through fraud or duress may be unenforceable, but mistake on the part of the obligoras to the contentsof a bond,or its legaleffect,is not a defenseto enforcementof the bond. I.T can win a reversal.

Context.15. LL may not obtain a writ of recovery as if for failure to pay rents not alleged as due in the complaint. 16. Holding forfeiture of T’s public housing lease, considering her disability, indigence, and her willingness to cure any claimed breaches would be inappropriate.

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17.WhereT was evicted,the LL must bearthe expensesof storage, and retum of the T’s personal 18. Involving govemment·subsidized housing, payments of government subsidy after issuanceofwrit thewrit. 19. LL waived the right to restitution by accepting rent for the month in question for future months. 20. And that the rent transactions created a new tenancy by the parties.

Legal Negligence, Breach of Contract, or Breach of Warranty.

Amount of the counterclaim. $1000 response to payments, $906 personal property damage, $500 decreaselossof use, $500lossof use.

Witness : JUDGE CLYDE R. LEUCHTAG

What the witness can offer: By his two in play, were regarded as alternative remedies for the same wrong. Contacted on: October 30, 2015 Discussion held with witness: Plaintiffs right to possession and the conversion itself.

Uncooperative Witness : KEVIN HAROLD FULTON

What the witness can offer: Writ of Possession Letter. Dispossess by

Uncooperative Witness : VALEX "DUKE" AMOS HI

What the witness can offer: "Duke" by fraudulent representations as to his induces T to deliver dwelling unit to him. T believing in good faith that he would conduct an investigationof disputedor transactionor occurrencethat is subjectof claim as agreed. For which he stated required compensation. Otherwise, theft and damages offenses, or other late payment fees or penalties and compensation have not been returned to me.

Uncooperative Witness : ORION REAL ESTATE SERVICES dba CUNEY

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