Freda White v. Primose at Heritage Park ( 2015 )


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  •                                                                                                                                                                                     on     5/28/2015          2:05:31         PM
    OFFICE                  OF      STAN                STANART                                             FILED IN
    COUNTY             CLERK,             HARRIS               COUNTY,                TEXAS            14th COURT OF APPEALS
    CIVIL       COURTS                  DEPARTMENT                                          HOUSTON, TEXAS
    5/28/2015 2:09:17 PM
    May       28,      2015
    CHRISTOPHER A. PRINE
    Clerk
    Court       of Appeals
    301      Fannin
    Houston,           Texas          77002
    LETTER OF
    Court         Docket          Number:          1061446
    Trial      Court         Number:             Four   (4)
    Style:
    FREDA               WHITE                                                                                     VS.                                           AT HERITAGE                   PARK
    APPELLANT(S)                                                                                                                APPELLEE(S)
    Judge: ROBERTA LLOYD
    Appellant(s)                   Attorney:                                                                                  Appellee(s)                Attorney:
    Freda          White,           Pro     Se                                                                                Scott        H.       Fournier,          N o. 24085312
    10355 Old Bammel No. 4204                                                                                                 3311 Richmond Avenue, Suite 305
    Houston,               Texas          77086                                                                               Houston,               Texas         77098
    Phone:           N/A                                                                                                      Phone:            (713)          622-2111
    Fax:        N/A                                                                                                            Fax:         (713)        622-2119
    E-Mail:            N/A                                                                                                     E-Mail:              scott@cweren1aw.com
    Freda       White,          appellant,                    a                  of Appeal       on May          27,     2015                  the      Final                    that        was             on    May      11,
    2015.The
    Clerk’s          Record          is due    to your         office      on   or before        June         10,    2015.
    /S/Joshua           Alegria
    Alegria
    Deputy           Clerk
    P.O.      Box       1525
    Houston,           TX       77251-1525
    (713)       755-64211>.o.
    1525   I                   TX     77251-1525        I      (713)     755-6421
    1 of 1
    1
    at HERITAGEPARK                §          INTHECOUNTYCIVILCOURT
    §          at LAWNO. FOUR (4)
    WHITE                              §          HARRISCOUNTY,TEXAS
    AFFIDAVIT
    with PAUPER's
    MOTIONTOAPPEAL
    FREDABRASHERWHITE,Pro Se Litigant, as Defendant, requests with sincerest intent for Remedy that
    the Court grant Relief to Defendant for late fees, administartive fees, costs of court fees, attorneys'
    fees and any & all other and further relief, both general and special, that the Plantiff, with intentional
    prejudice, may show justily entititled.
    FREDABRASHERWHITEis currently stating Non—Waiverof right to seek Legal Counsel and
    Representation in this matter at some time in the future.
    FREDABRASHERWHITE,as Defendent for good cause, prays for                             against the Plantiff,
    Primrose at Heritage Park, due to Untimely and Late Notice of Appearance of Councel for Plantiff,
    Primrose at Heritage Park. Certified Mail signed Receipt with show evidence of this Untimely and Late
    2
    BRASHERWHITE,as Defendent for good cause, prays for Relief Judgment against the Piantiff,
    at Heritage Park, due to Plantiff and their Counsel Contest of Defendant's Motion for
    BRASHERWHITE,as Defendent for good cause, prays for Relief Judgment against the Plantiff,
    at Heritage Park, due Plantiff and their Counsel NON-Notice to Defendant, Freda Brasher
    White, of Default Judgment from May 11, 2015 hearing in County Civil Court at Law No. Four, Harris
    County, Texas under the above named Docket number.
    FREDABRASHERWHITE,as Defendent for good cause, prays for Relief Judgment against the Plantiff,
    Primrose at Heritage Park, and their Counsel; That these named parties with prejudice violated
    Defendant's legal rights under Texas Rules of CivilProcedure 124.
    FREDABRASHERWHITE,as Defendent for good cause, prays for Relief Judgment against the Plantiff,
    Primrose at Heritage Park, by granting of requested Pauper's Affadivit with Defendant' proven
    inability to pay, of Attorneys' fees and Plantiff's supplementation   of requested relief with May 11,
    2015 Default Judgment against this Defendant.
    3
    Docket
    Number:
    1061446
    PARK
    HERITAGE             §              INTHECOUNTY   COURT
    CIVIL
    §             at LAWNO. FOUR(4)
    WHITE                                            COUNTY,
    HARRIS   TEXAS
    BRASHERWHITE,for good cause, is filing this Motion while seeking   treatment and
    surgical intervention for Li-Fraumeni Syndrome.
    Respectfully,
    BRASHER
    FREDA        ProSe
    WHITE,
    10335OldBammelN.HoustonRoad#4204
    Houston, Texas 77086
    THISDOCUMENT
    NOTICE:         CONTAINS
    SENSITIVE
    DATA
    ’I      that the                this document are true
    Signature
    4
    ddress
    (Daytime)
    SUBSCRIBED
    AND                 TOBEFORE
    me
    this      day of             ,20
    .
    NOTARYPUBLICfor the State of Texas
    5
    -
    '                                                                                             ·
    DEFENDANT'S
    PAUPER'S
    AFFIDAVIT
    FORAPPEAL
    TEXAS
    ·
    BEFOREM the                    authority, on this day personally appeared
    ,
    who, being byme duly sworn, on oath stated:
    "My                                                                         1
    premises which is the subject of this suit. I wish to appeal the judgment of this court
    pursuant to Rule 749a of the Texas Rules of Civil Procedure and Section                   of the
    Texas Property Code. My income, property, monthly expenses, debts, and dependents are
    described below:
    n 1A             n
    a) Net Employment:                   $
    b) Spouse Income (available to me):$
    c) TANFIncome:                             '
    d) SSI/SSDI Income:                  $
    e) Other Income                      $
    a) Vehicles[make/yr)
    -
    AppxBalanceofVehicleLoan:$
    Appx Balance of Vehicle Loan: $
    b) Checking Account:                 Savings Account: $                    Cash: $
    c) Other real or personal property (excluding ousehold furnishing, clothes, tools of a
    trade, and personal effects):
    1 of 1
    6
    Rent         portion]:                             Food:
    Car                                                ChildCare/Support:
    Applian
    Clothing/
    Laundry:
    Transportation:
    Insurance:
    Medical/ Dental:
    Utilities:
    .
    ChildSupport:                                      Other:
    Resi
    CreditCard:
    ential
    dd
    Other:
    Spouse
    ess
    Payday Loan:                                       Other:
    Child
    3
    Child1
    Child
    4
    OtherI
    2                                                               /
    am unable to pay any part of the costs of appeal, file an appeal bond, or give security for
    appeal because of my financial condition. I verify that the statements made in this
    and
    true
    are    correct."SignaturePrinted
    Name
    Address
    Phone Number [Daytime]
    SUBSCRIBEDANDSWORNTO BEFOREme on this                       day of                  20
    .
    2o2f
    NOTARY
    PUBLIC
    fortheStateofTexas
    7
    NOTICE:THISDOCUMENTCONTAINSSENSITIVE
    ·
    "he               will inthe Cause               whenyou     thisform.)
    Petitioner!
    Inthe:
    '
    CourtNum r             ounty Court
    Justiceofthe
    Respondent!
    Defendant                                                                                                  County,Texas
    Unsworn Declaration of Indigency
    1. I am filingthis Unsworn Declaration of Indigency in place of an Aftidavit of Indigency as
    allowed by Section 132.001 of the Texas Civil Practices and Remedies Code.
    2. I am unable to pay court costs. I declare under        of                                that the statements made
    in this Unsworn Declaration of Indigency are true and correct.
    My name rs:
    First                               Mi die                              Last
    .
    My date of birth is:                I         I
    Month          Day         Year
    Myaddress
    Street Addres                                       City           State    Zip         Country
    .
    My email address is:
    .
    4. Government Entitlements            one.)
    I do not currently receive any government entitlements based on indigency (poverty).
    receive the following government entitlements based on indi|enc (poverty):
    - -      |nt entitlements based on indigency include but are not limited t|. ood
    WIC Chip, AABD, Needs-based VAP| sion Public Housing, |un                         ss s ance, County
    ealth are,     |neral Assistance, LISin Medica                           CommunityCare via DADS,Low-Income
    EmergencyAssistance,Child are |ssistance underChildCareand Development
    =oc         .
    List all government entitlements based on indigency received by you or your dependents and the dollar
    ofthe ifa|                                proof
    ofthe
    govemment
    entitlements
    received
    tothi|
    Na                   elit                       Person
    Getting
    theBenefit Doll
    r
    5. Incomea.
    My n monthly income from employment (after taxes) is:                    $
    or   I am not currently employed or self—empIoyed.
    ,
    sp use’s net monthly income (after taxes) is:
    ,               I am not married.
    '      or                            My spouse’s income is not available to me.
    c. A other income I receive is listed below: List sourceofincome(i.e.unemployment,
    social security, interest, dividends, child support, spousal support) and the monthly amount you recei e
    '
    © TexasLawHeIp.org,   Declaration of             December 2014                                                         Page 1 of 2
    Texas Rules of CivilProcedure, Rule 145 and Texas CivilPractice &Remedies Code, Rule 132.001
    8
    ``ll
    6.                       —The people who depend on me financiallyare listed below:
    Relationship Me
    '.   Property —l own the following property:
    List the property and its value - the amount the property would sell for less the amount you still owe on it. lf
    there is no property in a particular category,
    Bank Accounts (listbank,typeof_account
    and amountof$ inaccount)
    (list m      and
    Real          - H0      e 0r Land (do not list the house you live in)
    Other               of Value (likeboats, jewelry, stocks,
    |_
    ,_                                                                                                          ’
    0.                                —-l                       lTlOriuuy
    Rentl Mortgage                                           Insurance (auto, life,health, etc.)
    Food                                $                    Vehicle      ents
    Utilities(electric/gas)                                  Gas,
    Telephone                           $                   Child support l spousal                    $
    Clothing and laundry                $                   Other expensesldebts: (descri e)
    Medical,dental expenses
    Childcare, school tuition           $                                                             $
    Household supplies                  $
    Total monthly expenses:
    9. Additional information
    Li t ny other facts you wan the             know, such as unusual medical expenses, family emergencies,      etc.
    10. Formally signed under penalty of perjury in                                                County, Texas        n this
    date:          l
    Signature
    © TexasLawHe|p.org- Declarationof Indlgency,December 2014                                                       Page 2 of 2
    Texas Rules of Civil        Rule 145 and Texas CivilPractice &Remedies Code, Rule 132.001
    9
    of Service
    l willgive a copy of this document to the PIaintiff’sattorney or the Plaintiff(ifthe Plaintiffdoes
    not have an attorney) on the same day this document is tiled with (turned into) the Court as
    follows:
    If I filethis document electronically, l willsend a copy of it to the Plaintiffor the Plaintiffs
    attorney through the electronic file manager if possible. lf not possible, I willgive a copy to the
    Plaintiffor the Plaintiffs attorney in person, by mall, by commercial delivery service, by fax, or
    byemail.
    Ifl file a paper copy of this document, l will give a copy of it to the Plaintiff or the Plaintiff’s
    attorney in person, by mail, by commercial delivery service, by fax, or by email.
    Defendant’s Signature
    © TexasLawHeIp.org,Civil     February 2014                                                        Page 2 of 2
    fillingout this form, read the Answer informationSheet at
    10
    at HERITAGEPARK                                 In the County      Court
    at LawNo. Four (4)
    WHITE                                               Harris County, Texas
    ROBERTALLOYD,                Judge
    DocketNumber:1061446
    I, Freda Brasher White, Pro Se Litigant, do certify that a true copy of this Motion for Appeal was or will
    be served on Counsel for          PrimRose at Heritage Park Apartments, Attorneys of The Cweren Law
    Firm including Brian P. Cweren, Scott H. Fournier, and/or the appointed representative by FAX
    and via U.S. Postal Service 1st Class Mail in accordance with the Texas Rules of Civil
    DELIVERY
    Procedure on May 27th, 2015.
    RespondentFREDA
    BRASHERWHITE,Pro
    10335 Old Bammel N. Houston Rd, #4204
    Houston, Texas 77086
    11
    at HERITAGEPARK                               In the County CivilCourt
    at Law No. Four (4)
    WHITE                                                Harris County, Texas
    ROBERTALLOYD,                Judge
    Docket Number: 1061446
    Certificateof Service
    I, Freda Brasher White, Pro Se Litigant, do         that a true copy of this Motion for Revocation of
    Writ of Possession was or will be served on Counsel for             PrimRose at Heritage Park
    Apartments,    Attorneys   of The Cweren Law Firm including Brian P. Cweren, Scott H. Fournier, and/or
    the appointed representative by FAXDELIVERY
    and via U.S. Postal Service 1st Class Mail in accordance
    with the Texas Rules of CivilProcedure on May 27th, 2015.
    Respondent
    Se|
    FREDA
    BRASHER
    WHITE,
    Pro
    10335 Old Bammel N. Houston Rd, #4204
    Houston, Texas 77086
    12
    PARK
    at HERITAGE                                  Inthe CountyCivilCourt
    at Law No. Four (4)
    Harris         Texas
    ROBERTALLOYD,              Judge
    Docket   1061446
    Number:
    I, Freda Brasher White, Pro Se Litigant, do certify that a true copy of this Motion for Revocation of
    Writ of Possession was or will be served on PrimRose at Heritage Park Apartments, Manager Blanca
    Munoz, Assistant Manager Sylvia Espinoza, and/or the appointed representative by HANDDELIVERY
    at
    the onsite       location for afore mentioned apartment complex at 10335 Old Bammel North
    Houston Road, Houston, Texas, 77086 in accordance with the Texas Rules of CivilProcedure on May
    27th, 2015.
    Respondent
    Se|
    FREDA BRASHERWHITE, Pro
    10335 Old Bammel N. Houston Rd, #4204
    Houston, Texas 77086
    13
    PARK
    at HERITAGE                                    In the CountyCivilCourt
    at Law No. Four (4)
    WHITE                                              HarrisCounty,Texas
    ROBERTALLOYD,
    DocketNumber:1061446
    Certificateof Service
    Freda Brasher White, Pro Se Litigant, do certify that a true copy of this Motion for Paupers Affadavit
    was or will be served on PrimRose at Heritage Park Apartments, Manager Blanca Munoz, Assistant
    at the onsite
    Manager Sylvia Espinoza, and/or the appointed representative by HANDDELIVERY
    location for afore mentioned apartment complex at 10335 Old Bammel North Houston
    Houston, Texas, 77086 in accordance   with the Texas Rules of Civil Procedure on May 27th, 2015.
    RespondentFREDA
    BRASHERWHITE,Pro
    10335 Old Bammel N. Houston Rd, #4204
    Houston, Texas 77086
    14
    PARK
    at HERITAGE                                     Inthe CountyCivilCourt
    at Law No. Four (4)
    Harris         Texas
    LLOYD,
    ROBERTA
    Docket Number: 1061446
    Certificate of Service
    l, Freda Brasher White, Pro Se Litigant, do certify that a true copy of this Motion for Paupers
    Attorneys of The
    was or will be served on Counsel for Plantiff, PrimRose at Heritage Park Apartments,
    Cweren Law Firm including Brian P. Cweren, Scott H. Fournier, and/or the appointed representative by
    and via U.S. Postal Service 1st Class Mail in accordance with the Texas Rules of Civil
    FAXDELIVERY
    Procedure on May 27th, 2015.
    Respondent                                                                               -
    BRASHER
    FREDA         ProSe
    WHITE,
    10335 Old Bammel N. Houston Rd, #4204
    Houston, Texas 77086
    15
    “CLOSED"
    ,
    1061446
    PRIMROSE AT HERITAGE PARK                         §            IN THE COUNTY CIVIL COURT
    §
    VS.                                               §                AT LAW NUMBER FOUR (4)
    FREDA WHITE AND ALL
    OTHEROCCUPANTS                                    §                              TEXAS
    HARRISCOUNTY,
    IT REMEMBERED that on this day came on to be heard the above-entitled and
    numbered        and Plaintiff PRIMROSE AT HERITAGE PARK ("Plaintiff’) appeared before
    ·   the Court and             ready for trial. Defendant FREDA WHITE and All Other Occupants
    (collectively referred to as "Defendant") failed to appear and wholly made default at the time of
    trial.The
    Court, after considering the pleadings on file, the evidence presented at trial and the
    arguments of the parties, is of the opinion and        that: (l) Plaintiff is the owner and landlord
    of and the Defendantis the tenant of the residentialleasedpremiseslocatedwithinCountyCivil
    Court at Law Number Four (4), of Harris County, Texas at 10335 Old Bammel North Houston
    Road, Apartment Number 4204, Houston, Harris                Texas 77086, ("Leased Premises"); (2)
    Plaintiff terminated the Defendant’s right to occupy the Leased Premises; (3) Plaintiff made
    writtendemandupon the Defendantand all occupantsof the Leased Premisesto vacate same,
    which demand was received by the Defendant as required by law; (4) the Defendant is thereby
    guilty of forcible detainer; (5) Plaintiff is entitled to immediate possession of the Leased
    Premises from the Defendant and all occupants of the Leased Premises; (6) Plaintiff is entitled to
    recover any and all past due rental amounts due from the Defendant and all occupants of the
    Leased Premises; (7) Plaintiff is entitled to recover its costs of court from the Defendant and all
    1
    16
    of the Leased Premises; and (8)              is entitled to recover its attomeys’ fees and
    litigationcosts necessaryand reasonablyincurredby the prosecutionof this cause of actionfrom
    the Defendant and all occupants of the Leased Premises. It is therefore,
    that
    andDECREED
    ADJUDGED
    ORDERED,                                                                 ATHERITAGE
    PRIMROSE
    PARK           shall    be   and      hereby   is       awarded         possession   on    or     after
    Premiseslocatedat 10335Old
    /                                             , 2015,of the Leased
    N hHouston
    Bammel                       4204,Houston,
    Number
    Road,Apartment                                                           Texas77086,
    County,
    from FREDA WHITE and All Other Occupants, jointly and severally; it is,
    ‘.|                     A           A
    .
    ··         .             -            ·• o1mme|1ae •• ·             ·      ·
    ORDERED, ADJUDGED and DECREED that Defendant FREDA WHITE shall pay to
    Plaintiff PRIMROSE AT HERITAGE PARK                                                  in past due rental
    amounts properly due and owing Plaintiff PRIMROSE AT HERITAGE PARK pursuant to the
    terms of the Lease, with interest thereon at the rate of five (5%) percent per            from the date
    of this Judgment until paid; it is,
    ORDERED, ADJUDGED and DECREED that Defendant FREDA WHITE shall pay to
    Plaintiff PRIMROSE AT HERITAGE PARK all its costs of court, together with post-judgment
    interest thereon at the rate of five (5%) percent per annum from the date of this Judgment
    paid; it is, further,
    ORDERED, ADJUDGED and DECREED that Defendant FREDA WHITE shall pay to
    the Plaintiff PRIMROSE AT HERITAGE PARK $                                                 in attorneys’
    fees and litigation costs necessary and reasonably                  by the prosecution of this cause of
    action, pursuant to the terms of the lease, with interest thereon at the rate of five (5%) percent per
    2
    17
    from the date of this Judgment until paid; it is further,
    ORDERED, ADJUDGED and DECREED that Plaintiff PRIMROSE AT HERITAGE
    PARK shall have and             from Defendant FREDA WHITE additional attorneys’ fees in the
    followingamounts: $7,500.00in the event of an unsuccessfulappeal by DefendantFREDA
    WHITE to the Court of Appeals; an additional $7,500.00 for making or responding to an
    unsuccessfulpetitionfor review to the SupremeCourt of Texas; and an additional$7,500.00if
    the petition for review is granted by the Supreme Court of Texas. Interest on said sum for
    attorneys’ fees shall accrue at the rate of        percent (5%) per           from the date of this
    Judgment until paid; it is further,
    ORDERED, ADJUDGED and DECREED that in the event of an appeal of this
    Judgment, Defendant FREDA WHITE’s supersedeas bond is hereby set at ten (10) times the
    market rent for Defendant’s apartment, in the amount of $                         ·            and
    shall be posted within ten (10) days of the date of this Judgment in the form of cash, cashier’s
    check, or by and through a corporate surety licensed for such purposes and doing business in the
    State of Texas; and,
    This judgment          disposes of all claims and all parties and is appealable.
    SIGNED on this          day of May, 2015.
    3
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    APPROVED AND ENTRY REQUESTED:
    LAWFIRM
    P.
    State Bar No. 24001956
    H.
    StateBarNo. 24085312
    3311 Richmond, Suite 305
    Houston, Texas 77098
    Telephone: (713) 622-2111
    Facsimile:   (713) 622-2119
    FOR PLAINTIFF,
    PRIMROSE AT HERITAGE
    At the time of
    foundto be            for           photographic
    reproduction          of Iiiegibllity,       or
    photo copy, discoiored paper. etc. AHblockouts,
    and changes                at the
    the instrumentwas     and recorded.
    4
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Document Info

Docket Number: 14-15-00458-CV

Filed Date: 5/28/2015

Precedential Status: Precedential

Modified Date: 9/29/2016