ACCEPTED
01-15-00228-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
7/28/2015 4:59:41 PM
CHRISTOPHER PRINE
CLERK
FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
7/28/2015 4:59:41 PM
No. 01-15-00228-CV and 01-15-00440-CV
CHRISTOPHER A. PRINE
Clerk
________________________________________________________________
IN THE FIRST COURT OF APPEALS OF TEXAS
________________________________________________________________
IN RE ERNEST R. KOONCE, RELATOR
________________________________________________________________
Original Proceeding From the 127th Judicial District Court of Harris
County, Texas
Cause No. 2010-64752
__________________________________________________________________
OBJECTION TO MOTION TO CONSOLIDATE
ERNEST R. KOONCE
RELATOR, Pro Se
15938 Fleetwood Oaks Drive
Houston, Texas 77079
Page 1 of 7
TO THE HONORABLE COURT OF APPEALS OF TEXAS:
Ernest R. Koonce, Relator, and those similarly situation,
respectfully submit this Objection to Real Party In Interests and
Respondent, Wells Fargo’s Motion to Consolidate both cases, and
would show the Court as follows:
IDENTITY OF PARTIES AND THEIR COUNSEL
Relator, Ernest R. Koonce, hereby certifies that the following are the
list of parties and their respective counsel, if any, to the best of his
knowledge and understanding of the rules.
PARTIES COUNSEL
Relator
ERNEST R. KOONCE Pro Se
Respondent
HONORABLE RK SANDILL 127thth Civil District
Court of Harris County, TX
201 Caroline, 10th Floor
Houston, Texas 77002
Court Phone Number:
(713) 368-6161
Chris Daniels 201 Caroline
Harris County District Clerk Houston, Texas 77002
Real Party in Interest:
WELLS FARGO BANK, NA Bradley Chambers
Texas Bar No. 2400186
Valerie Henderson
Texas Bar No. 24078655
Baker, Donelson,
Bearman, Caldwell &
Berkowitz, P.C.
1301 McKinney Street
Suite 3700
Page 2 of 7
Houston, Texas 77010
Tel: (713) 650-9700
Fax: (713) 650-9701
vhenderson@bakerdonelson.com
TO THE HONORABLE COURT OF APPEALS:
Petition and Realtor, Ernest Ray Koonce, hereby objects to the
untimely filed motion of Wells Fargo. Wells Fargo’s attorney, Valerie
Henderson, had previously contacted Petition/Realtor Ernest Ray
Koonce (hereinafter referred to as “Koonce”) prior to any payment
for the Writ of Mandamus. At that time, Koonce agreed because he
was lead to believe that Valerie Henderson was going to immediately
file the motion so as to avoid paying additional fees. When no
motion was actually filed, Koonce believed it was because
Henderson had changed her mind. Had Koonce not been tricked
into believing that motion would be timely filed, Koonce never would
have agreed to it. The following email is a true and correct copy of
the original from an email Koonce received from Valerie Henderson
on June 15, 2015:
On Mon, Jun 15, 2015 at 3:48 PM, Henderson, Valerie
wrote:
Mr. Koonce:
We are preparing our response to your recent pleading
“Petition for Permission to Appeal Amended Order
Page 3 of 7
Reversing the Granting of Plaintiff’s Plea to the
Jurisdiction and Standing of Wells Fargo Bank, NA or
Alternative, Petition for Writ of Mandamus” and noticed
an error by the appellate court that we wanted to discuss
with you. We presume you filed that recent pleading in
response to the appellate court’s April 30 order. The
clerk, however, docketed the pleading in a different cause
number and is now asking you to pay another filing fee.
You should have been mailed a copy of the Court’s order
on June 11. In case you have not yet received it, I am
attaching a copy to this email.
We have prepared a motion to consolidate the appeals:
(1) 01-15-00228-CV and (2) 01-15-00440-CV.
If the court grants our motion, you should not have to
pay a second filing fee.
We are required to ask whether you are opposed to our
motion to consolidate the appeals.
Please let me know.
Valerie G. Henderson
Associate Attorney
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
1301 McKinney Street
Suite 3700
Houston, Texas 77010
Direct: (713) 286-7172
Facsimile: (713) 650-9701
E-mail: vhenderson@bakerdonelson.com
www.bakerdonelson.com
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
represents clients across the U.S. and abroad from offices
in Alabama, Florida, Georgia, Louisiana, Mississippi,
Tennessee, Texas and Washington, D.C.
Page 4 of 7
What is clear from the above email, Valerie Henderson
specially states that “if the motion is granted, you should not have
to pay the second fee.” The only reason Koonce agreed to the
motion was to avoid paying that second fee. However, since Valerie
Henderson intentionally waited until the time she was required to
file and lied to Koonce about her intention, this Court should deny
the motion or, require Henderson to pay Koonce the additional fee
he was required to pay. Koonce had to pay an additional $145.00
filing fee for the Writ of Mandamus, a fee which Koonce should not
have had to pay if Henderson had timely filed the motion as she
claimed she would. It would be fundamentally unfair at this point
to allow the two cases to be consolidated after fees had been paid,
and Valerie Henderson misrepresenting her intentions and
misleading Koonce into believing that the motion would be filed
right away. This is a habit of Ms. Henderson in misrepresenting
facts, evidence, and statements. She should not be rewarded for
her lies.
Therefore, Koonce objects to the untimely filing of the Motion
to Consolidate, for Henderson’s misrepresentations to this Court,
and withdraws his prior agreement since Henderson breached that
Page 5 of 7
agreement. Koonce further objects because counsel failed to
provide a word count in accordance with the Rules of Appellate
Procedure.
PRAYER
Koonce prays that this Court deny Respondent/Real Party In
Interest Wells Fargo Bank, NA’s Motion to Consolidate, or should
the Court grant this untimely motion, which consent was procured
through misrepresentations and means of fraud, that Henderson be
required to reimburse Koonce for the additional filing fee, and for
such other and further relief as the Court may deem just and
proper.
Respectfully submitted:
/s/ Ernest R. Koonce
Ernest R. Koonce
15938 Fleetwood Oaks Dr.
Houston, TX 77079
Tel: (832) 434-3183
Rayk469@gmail.com
Word count: 945
Page 6 of 7
CERTIFICATE OF SERVICE
On July 28, 2015, pursuant to Rule 21(a) of the Texas Rules of
Civil Procedure, a true and correct copy of the foregoing document
has been sent to the following via e-filing as follows:
Bradley Chambers
Texas Bar No. 2400186
Valerie Henderson
Texas Bar No. 24078655
Baker, Donelson, Bearman,
Caldwell & Berkowitz, P.C.
1301 McKinney Street
Suite 3700
Houston, Texas 77010
(713) 650-9700 – Telephone
(713) 650-9701 – Facsimile
vhenderson@bakerdonelson.com
Page 7 of 7
