Case Information
*0 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 11/17/2015 3:33:54 PM KEITH E. HOTTLE Clerk *1 CIVIL APPEALS - CERTIFICATE To Be Filed with Court of Appeals TRIAL COURT NO.1 2787C TONROY, INC. D/B/A SERV PRO IN THE COUNTY COURT
OF THE HILL COUNTRY
VS AT LAW
CHRISTINE CUBIT KERR COUNTY, TEXAS
Date Notice of Appeal Filed: November 13 t h, 2015
1. Has a motion for new trial been filed: Yes X No - -
Will a motion for new trial be filed: Yes No - - - -
2. Date of Judgment signed: OCTOBER 16 TH , 2015
3. The Honorable SUSAN F. HARRIS presided at triaL
4. The Appellant is represented by: KUNAL UDESHI, SBN 24078744
3131 MCKINNEY AVENUE #600; DALLAS TEXAS 75204
817-851-5860
5. The Appellee is represented by: JOHN SUDYKA, SBN 19463400
10100 REUNION PLACE, SUITE 600, SAN ANTONIO, TX 78216
210-344-3900
6. Supersedeas Bond was or X was not filed. Amt.$ - - - - - - - - - - - - - -
7. Name & Address of Court Reporter: KELLY RODE, 700 MAIN, SUITE 123,
KERRVILLE, TX 78028 (830)792-2207
8. Type of Case: DEBT/CONTRACT
Witness my hand this the __ day of November, 2015
NO.12787C TONROY, INC. DIDIA SERVPRO OF § IN THE COUNTY COURT
THE HILL COUNTRY §
Plaintiff, 20§ § FILE:~2 ,:{LM §
V. § AT LAW NO. 1
§ § Deputy CHRISTINE CUBIT By §
Defendant. § KERR COUNTY, TEXA NOTICE OF APPEAL NOTICE IS GIVEN that Christine Cubit ("Appellant") hereby appeals to the Texas
Fourth Court of Appeals of San Antonio. Texas from Summary Judgment issued by the
Honorable Judge of the County Court at Law for Kerr County. Texas on October 16, 2015 in the
above numbered and entitled cause of action.
Tonroy, Inc. d/b/a Servpro of the Hill County ("Appellee"l. the party in whose favor
Summary Judgment was granted. may be served through its attorney of record. John Sudyka. at
10 J 00 Reunion Place, Suite 600, San Antonio, Texas 78216. facsimile number 210-366-4301. REOUEST FOR RECORD
•
Pursuant to Texas Rules of Appellate Procedure 34 and 35, Christine Cubit hereby
requests that the clerk's record and reporter's record. if any, in the above styled and numbered
cause be prepared and forwarded to the Fourth Court of Appeals at the Court's earliest
convenience and within sixty (60) days after October 16,2015, as prescribed by Texas Rule of
Appeallate Procedure 35.1. Defendant awaits instructions of the Court as to the amount, place,
and manner of payment to be made for the costs of preparation of the records herein requested.
Respectfully Submitted, THE LAW OFFICES OF KUNAL UDESHI 3131 McKinney Avenue #600 Dallas. Texas 75204 T; 817-851-5860 F: 817-900-8740 kunal.k.udeshi.law@gmail.com . !\ / . '.- \ , " /" ' By: KUNAL UDESHI Attorney for Christine Cubit State Bar No. 24078744 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing was served on
John Sudyka, counsel of record for Appellee Tonroy, Inc. d/b/a Servpro of the Hill Country, by
e-mail transmission to jms@jao-Iaw.com before 5:00 p,m. on the ___ day of November,
2015. .. ) "
KU'NAL UDESHI *4 o o
CAUSE NO. 12787C TONROY, INC. D/B/A SERVPRO § IN THE COUNTY COURT
OF THE HILL COUNTRY, §
§ PlaiDtiff §
§ AT LAW NO. 1 V. §
§ CHRISTINE CUBIT, §
§ Defendant § KERR COUNTY, TEXAS
ORDER ON SERVPRO'S MOTION FOR TRADITIONAL SUMMARY JUDGMENT
ON THIS DAY, came on to be heard the Motion for Traditional Summary Judgment
submitted by PlaintiffTonroy, Inc., doing business as Servpro ofThe Hill Country ("Servpro"). The
Court, having considered Servpro's Motion for Traditional Summary Judgment, any responses or
replies of the respective parties, the pleadings and evidence herein, and the argument of counsel
presented in this matter, has determined that Servpro's Motion for Traditional Summary Judgment
is well-taken and should be granted.
IT IS THEREFORE ORDERED that Servpro's Motion for Traditional Summary Judgment
is granted and judgment is hereby rendered in favor of Servpro on its claims and causes of action
against Defendant Christine Cubit (,'Defendant"). It is FURTHER ORDERED that:
1. Servpro is awarded judgment against Defendant in the principal amount of
$24,234.64.
2. Servpro shall have and recover from Defendant pre-judgment interest on the amount
described in the preceding item 1 at the rate ofeighteen percent (18%) per annum from
April 8, 2012, to the date of this Judgment.
3. Servpro shall further have and recover from Defendant the amount of Servpro's
reasonable and necessary attorney fees as requested in Servpro's Motion for
Traditional Summary Judgment, the amount of which shall be determined at a later
date following a hearing on such matter before this Court. FILEOlcY1b 2fiS CD 9: 6S: ~M Order on Senpro's Motron for Trlldiliollal Summal')' Judgment ROBBIN BU LEW Page 1 of 2 Pages (Cause No. 11787C) IL.1 ..1 ~. unty,TX ,Ke
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o 4. To conserve judicial resources and minimize further time and expense, (a) the
attorneys for the parties are ordered to attempt, within fourteen (14) days after the
date ofthis Judgment, to reach agreement on the reasonable amount ofattorney fees
to be awarded Servpro. If they do reach agreement within this fourteen (14) day
period, Servpro's counsel is directed to prepare a proposed Order regarding such
attorney fees and submit it to the Court for consideration. If they are unable to
reach agreement within this fourteen (14) day period, the Court shall determine the
reasonable amount of attorney fees to be awarded Servpro based on the evidence
and arguments to be presented at the later hearing described in the preceding item
3 and in any written briefing and affidavits submitted to the Court prior to such
hearing.
5. Servpro shall further have and recover from Defendant post-judgment interest on the
total amount of this Judgment at the rate of eighteen percent (18%) per annum from
the date of this Judgment until paid. Any and all costs of court shall be taxed against Defendant.
6.
7. Servpro shall have all writs of execution and other process issued which are
necessary to enforce and collect this Judgment, for which let execution issue.
8. All other relief not specifically granted in this Judgment is denied. This Judgment
disposes of all claims and all parties in this lawsuit, except for the amount of
reasonable and necessary attorney fees herein awarded to Servpro, which will be
determined at a later date as stated above.
SIGNED this III+" day of 0 cfebp", , 2015.
~o&J EPRESiDING [Remainder ofpage intentionally left blank] Order on Servpro's Motion for Traditional Summary Judgment Page 2 of 2 Pages (Clluse No. 11787C)