Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 3/17/2015 12:31:33 PM CHRISTOPHER A. PRINE Clerk *1 on 3/17/2015 12:21 :19 PM OFFICE OF STAN STANART COUNTY CLERK, HARRIS COUNTY, TEXAS CIVIL COURTS DEPARTMENT
March 17, 2015
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. KAMMEN, INDIVIDUALLY AND CORPORATE HOUSING DBA RICHARD
D/B/A KAMMEN & ASSOCIATES
APPELLANT(S) APPELLEE(S)
Judge: LINDA STOREY
Appellant(s) Appellee(s) Attorney: 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 on March 5, 2015.
was
The Clerk’s Record is due office on or before 4, 2015. to your
/S/Joshua Alegria
Alegria
Deputy Clerk
P.O. Box [1525]
Houston, TX 77251-1525 755-64211>.o.
(713)
1525 I I (713) 755-6421 TX 77251-1525 [1] *2 1 FILED 3/16/20151:09:34PM Stan Stanart County 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 The Discovery Group, Incorporated d/b/a Preferred Corporate Housing appeals 1.
the .Iudgment” in the above-referenced case 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 No.1029597 IN THE COUNTY CIVIL COURT INCORPORATEDd/b/aPREFERRED
vs. HOUSING AT LAW NUMBER THREE (3) and d/b/a
RICHARD KAMMEN & ASSOCIATES OF HARRIS COUNTY, TEXAS
FINALJUDGMENT day of BE IT REMEMBERED, on the 2014, came on to be heard ,
Defendant ’s FirstAmendedMotion for Judgment in 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 and arguments of counsel finds that there is no genuine issue as to any
the pleadings,
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 claimhasrun 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.
· -
Allreliefnot expresslygrantedhereinis
day
JUDGE APPROVEDASTOFORMANDSUBSTANCE:
McCORMICK, LANZA & McNEEL, LLP
ANDREW P. McCORMICK
BarNo. 13457100
LAURIE A. MUNOZ
State Bar No. 24071782
4950BissonnetStreet
Bellaire,Texas77401
523-0400/(713)523-0408- Fax
ATTORNEYSFORDEFENDANTCERTIFICATE
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 *5 0 be
the
: .
Cause § IN THE COUNTY CIVILCOURT
INCORPORATEDd/b/a PREFERRED CORPORATEHOUSING AT LAW NUMBER THREE (3)
vs.
RICHARD individually and d/b/a § OFHARRIS TEXAS
ORDERON OBJECTIONS After considering DefendantKammen’ objectionsto 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’sAmendedMotion for SummaryJudgmentas
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 *6 •