Daisy Wanda Garcia v. Thomas Lee Baumgarten ( 2015 )

ACCEPTED
03-14-00267-CV
6041222
THIRD COURT OF APPEALS
AUSTIN, TEXAS
7/13/2015 3:07:07 PM
JEFFREY D. KYLE
CLERK
NO.03-14-00267-CV
In the Court of Appeals RECEIVED IN
for the Third Judicial District of Texas 3rd COURT OF APPEALS
AUSTIN, TEXAS
at Austin 7/13/2015 3:07:07 PM
JEFFREY D. KYLE
Clerk
DAISY WANDA GARCIA,
Appellant/Defendant,
v.
THOMAS LEE BAUMGARTEN,
Ap pellee/Plain tiff.
Appeal from the 201 st Judicial District Court
Travis County, Texas
Trial Court Cause No. D-I-GN-12-002429
APPELLEE'S NOTICE OF SALE OF PROPERTY
The trial court's April 18,2014 Summary Judgment that is the subject of this
appeal ordered that the parties sell the property at issue in the underlying litigation
(the "Exposition Property"). CR 666-69. Enforcement of the trial court's April 18,
2014 Summary Judgment has never been stayed and Appellant Daisy Wanda
Garcia never posted a supersedeas bond.
Consequently, the Exposition Property was sold to a third-party on July 2,
2015. A certified copy of the deed conveying the Exposition Property is attached
- 1-
to the Affidavit of Nicholas P. Laurent. See Exhibit A, Affidavit of Nicholas P.
Laurent and Exhibit A-I, Certified copy of deed.
Appellee Thomas Lee Baumgarten files this notice because the conveyance
of the Exposition Property may moot some of the issues currently being considered
by the Court.
PRAYER
Appellee Thomas Lee Baumgarten respectfully prays that the Court affirm
the trial court's April 18, 2014 Summary Judgment and grant him all other relief to
which he may show himself entitled.
Respectfully submitted,
Nicholas P. Laurent
State Bar No. 24065591
Raymond E. White
State Bar No. 21321950
MCGINNIS, LOCHRIDGE & KILGORE, L.L.P.
600 Congress Avenue, Suite 2100
Austin, Texas 78701
(512) 495-6000
(512) 495-6093 FAX
nlaurent@mcginnislaw.com
rwhite@mcginnislaw.com
By: lsi Nicholas P. Laurent
Nicholas P. Laurent
ATTORNEYS FOR APPELLEE
THOMAS LEE BAUMGARTEN
-2 -
CERTIFICATE OF SERVICE
I certify that a true and complete copy of the above and foregoing Appellee's
Notice of Sale of Property was sent by electronic mail and certified mail, return
receipt requested on this the 13th day of July, 2015 to the following:
Mr. Stephen Casey
Casey Law Office, P.C.
595 Round Rock West Drive, Suite 102
Round Rock, Texas 78681
(512) 257-1324
(512) 853-4098 (fax)
info@caseylawoffice.us
ATTORNEYS FOR APPELLANT
DAISY WANDA GARCIA
/s/ Nicholas P. Laurent
Nicholas P. Laurent
-3-
NO.03-14-00267-CV
In the Court of Appeals
for the Third Judicial District of Texas
at Austin
DAISY WANDA GARCIA,
Appellant/Defendant,
v.
THOMAS LEE BAUMGARTEN,
Appellee/Plaintiff.
Appeal from the 201 st Judicial District Court
Travis County, Texas
Trial Court Cause No. D-I-GN-12-002429
AFFIDAVIT OF NICHOLAS P. LAURENT
STATE OF TEXAS §
§
COUNTY OF TRAVIS §
I, Nicholas P. Laurent, being duly sworn state as follows:
"My name is Nicholas P. Laurent. I am an attorney in Austin, Texas and I
am counsel of record for Appellee in this lawsuit. I am over eighteen (18) years of
age, am of sound mind, have never been convicted of a felony, and I am fully
capable and competent to testify to and have personal knowledge of the matters
stated in this affidavit. Unless otherwise indicated, every statement of fact
contained herein is true and correct. EXHIBIT
A
"Attached hereto as Exhibit A-I is a true and correct copy of a Warranty
Deed that was executed by Appellee Paul Jennings Baumgarten, as independent
executor of the Estate of Thomas Lee Baumgarten, deceased, and Appellant Daisy
Wanda Garcia conveying the property at issue in the underlying litigation located
at 1901 Exposition Blvd., Austin, Texas 78703, more particularly described as
follows:
The south 70 feet of Lot 11, Block 18, Westfield A, a subdivision in
Travis County, Texas, according to the map recorded in Volume 3,
Page 107, Map Records, Travis County, Texas.
"The deed is recorded as Instrument Number 2015105083 in the official
Travis County, Texas land records.
"Further affiant sayeth not."
Nicholas P. Laurent
SWORN TO and SUBSCRIBED before me by Nicholas P. Laurent on this
the 13th day of July, 2015.
(Personalized Seal)
.<``:~;;,;:... Tammy l Kurtz
!g..:.:.:AJ~\ Notary Public
\':?,~ ,``l
\* i., 'pi{}S f
.' '2~......
State 01 Texas
My Comrmssion Expires
SEPTEMBER 27, 2017
-2-
ELECTRONICALLY RECORDED 2015105083
TRV 4 PGS
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MA Y REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM
ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT
IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
WARRANTY DEED
Date:
Grantor: DAISY WANDA GARCIA AND PAUL JENNINGS BAUMGARTEN, INDEPENDENT
EXECUTOR OF THE ESTATE OF THOMAS L. BAUMGARTEN, DECEASED
Grantor's Mailing Address: I r- ~wyv& {irk {d' IT-P ~I~;t~ 77:3 7'1
Grantees: RMD,INC.
Grantee's Mailing Address: 1901 Exposition, Austin, TX 78703
Consideration:
Cash and other good and valuable consideration, the acceptance of which is bereby
acknowledged by the signature of Grantor below. There is no lien, either expressed or implied, created
by the exchange of property. Any such lien is waived and released by Grantor.
Property (including any improvements):
The south 70 feet of Lot 11, Block 18, Westfield A, a subdivision in Travis County, Texas,
according to the map recorded in Volume 3, Page 107, Map Records, Travis County, Texas.
Reservations from Conveyance:
None
Exceptions to Conveyance and Warranty:
None
Grantor, for the Consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together
with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to
Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs
and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's
heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same
or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance
and Warranty.
When the context requires, singular nouns and pronouns include the plural.
GRANTOR __
~r C;'''"''\ ,;L~ -, ~'
"..Y~1S¥~,®\ GARCL~===
GRAN-coR--~
EST'A1E OF THOMAS L. BAUMGARTEN,
DECEASED
PAUL JENNINGS BAUMGARTEN, fNDEPENDENT
EXECUTOR
State of Texas
County of hall;' 5
I, \/1'CJ(; Ah~4e}A ,aNoiaryPublicfortheStateof
Texas, do hereby certify that DArSY WANDA GARCIA, personally appeared before me on this day
and acknowledged the due execution of the foregoing instrument
State of Texas
County of``~ ~ _
I, ,a Notary Public for the State of
Texas, do hereby certify that PAUL JENNINGS BAUMGARTEN, INDEPENDENT EXECUTOR for
Grantor, personally appeared before me on this day and acknowledged the due execution of the
foregoing instrument.
Witness my hand and official seal, this day of 2015,
Notary Public, State of Texas
2
When tile context requires, singular nouns and pronouns include the plural.
GRANTOR
DAISY WANDA GARCIA
State of Texas
County of_~_`` _
I, , a Notary Public for the State of
Texas, do hereby certify that DAISY WANDA GARCIA, personally appeared before me on this day
and acknowledged the due execution of the foregoing Instrument.
Witness my hand and official seal, this day of 2015.
Notary Public, State of Texas
State ofTexa~ L.-- . «:
County of II vLI,t"'(' \ ./
I, -,-:-I\j-,\,-(\.-:.-Vl-,-:-:S._C...,..'_\,",~,-.-,·\"r-,~,::::-:'::-c" ~:-:7~:-:::-:-:::-:-=::::::-::-' a Notary Public for the State of
Texas, do hereby certify that PAUL JENNJNG' AUMGARTEN, INDEPENDENT EXECUTOR for
Grantor, personally appeared before me on this day and acknowledged the due execution of tile
foregoing instrument.
Witness my hand and official seal, this g:p+ tdr;y ~f_."I-':'-=~+-
``
Notary Public, State of Texas
AFTER RECORDING RETURN TO:
MARISA K KIRKSEY
My Commission ExpIres
2 August 2, 2017
fJjJ'
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS
DANA DEBEAUVOIR, COUNTY CLERK
TRAVIS COUNTY; TEXAS '
July 02 2015 03:49 PM
FEE: $ 38_00 2015105083