Case Information

*0 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 11/16/2015 2:40:40 PM KEITH E. HOTTLE Clerk *1 CIVIL APPEALS - CERTIFICATE To Be Filed with Court of Appeals TRIAL COURT NO. 14209B STRUCTURAL INSULATED PANEL IN THE DISTRICT COURT

TEXAS, LP AND MATTAM ENTERPRISES, L.L.C.

VS TH JUDICIAL DISTRICT

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 22 ND , 2015

Will a motion for new trial be filed: Yes No - - -

2. Date of Judgment signed: AUGUST 26 TH , 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. ) TB JUDICIAL DISTRICI' ( V. ) ( FILED~/~d 2O/S

STEVEN M. CHAPMAN AND ) : S'l5 .1£M­ CYNTHIA C. CHAPMAN ( KERR COUNTY, TEXAS @ NOTICE OF APPEAL

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

AND MATT AM 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 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.

*4 Case No. 141098 STRUCTURAL INSULATED ) IN THE DISTRICT COURT PAMELS TEXAS, LP AND ( MATTAM ENTERPRlSES,LLC. ) TH 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 PLAINTIFFIMOV ANT, 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.

L

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 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 *5 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.

IV.

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 r¥bify that a true and correct copy ofthe above foregoing Y Motion for New Trial was furnis Rules ofCivil Procedure on to all parties and/or their counsel as required by the Texas

y of September, 2015. - ..

, ' " ~~ VERN~~'~<c . ;'''--.;/ .

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 $ ff' as reasonable and necessary

7 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.