Jeffray Alter v. Benjamin Carmona and Beacon Sales Acquisitions, Inc. ( 2014 )

ACCEPTED
14-14-00983-CV
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
12/29/2014 12:04:03 PM
CHRISTOPHER PRINE
CLERK
No. 14-14-00983-CV
FILED IN
14th COURT OF APPEALS
HOUSTON, TEXAS
IN THE COURT OF APPEALS F OR HET
12/29/2014 12:04:03 PM
FOURTEENTH DISTRICT OF T EXAS CHRISTOPHER A. PRINE
Clerk
JEFFRAY ALTER
V.
BENJAMIN CARMONA AND BEACON SALES ACQUISITIONS, INC.
On Appeal from the 61st Judicial District Court of Harris County, Texas
District Court Cause No. 2011-23496
MOTION TO DISMISS APPEAL
TO THE HONORABLE FOURTEENTH COURT OF APPEALS:
Appellees, Benjamin Carmona and Beacon Sales Acquisitions, Inc., file this
Motion to Dismiss the appeal in this matter filed by Appellant, Jeffray Alter.
PRELIMINARY STATEMENT
This appeal should be dismissed because Jeffray Alter unconditionally
moved for entry of the trial court’s Final Judgment in this case, and in the form
Jeffray Alter drafted and approved. As a result, Jeffray Alter has waived any right
to challenge the judgment on appeal.
ARGUMENT
Following the jury trial of this matter, Jeffray Alter filed a Notice of
Submission, attaching a document the Notice referred to as “Plaintiff’s Final
Judgment.” (Ex. A) (emphasis added). The proposed Final Judgment attached to
the Notice was drafted by Plaintiff and signed by his counsel. (Id.) The proposed
Final Judgment “incorporated” the jury charge and verdict “for all purposes,” and
set forth each of the jury’s findings in the proposed Final Judgment itself. (Id.) It
also states: “Because it appears to the Court that the verdict of the jury is for the
Plaintiff, judgment should be rendered on the verdict in favor of the Plaintiff.” (Id.)
Again, all of this language was drafted by Plaintiff. The Court signed Jeffray
Alter’s proposed Final Judgment, without any changes, on September 23, 2014.
(Ex. B)
On October 9, 2014, Appellee’s insurance carrier tendered a check in the
amount of $19,092.16, comprised of the $16,246.87 judgment plus $2,845.29 in
post-judgment interest. By way of its delivery from Hawkins & Associate on
October 16, 2014, this check was unconditionally tendered to Alter’s counsel for
full payment and satisfaction of the judgment, plus interest, that Alter proposed
and set for submission. (Ex. C) Alter now attempts to appeal the very judgment
he asked the trial court to enter, and has not returned the check.
2
A. Generally, a party waives its right to appeal by proposing,
consenting, or agreeing to a final judgment.
It is black letter law that a party can waive its right to appeal by proposing a
Final Judgment. Indeed, a party generally cannot appeal from or attack a judgment
to which it has consented or agreed. See, e.g., Boufaissal v. Boufaissal, 251 S.W.3d
160, 166 (Tex. App.—Dallas 2008, no pet.) (holding party cannot complain on
appeal about an invited action or ruling); Bonner v. Tex. Children's Hosp., No. 13-
03-228-CV, 2006 Tex. App. LEXIS 1331, at *10 (Tex. App.—Corpus Christi
2006, pet. denied) (holding party waived right to appeal a judgment that was
requested “unqualified”); Leeper v. Woodrick, No. 2-04-00371-CV, 2005 Tex.
App. LEXIS 4834, at *7 (Tex. App.—Fort Worth 2005, no pet.) (dismissing appeal
on grounds that appellant consented to judgment); In re P.M.M., No. 07-00-00253-
CV, 2001 Tex. App. LEXIS 955, at *4-5 (Tex. App.—Amarillo 2001, no pet.)
(affirming order appellant approved “as to form and substance”); Hosey v. First
Nat’l Bank, 595 S.W.2d 629, 630 (Tex. Civ. App.—Corpus Christi 1980, writ
dism’d) (holding party waived right to appeal from agreed judgment); Posey v.
Plains Pipe Line Co., 39 S.W.2d 1100, 1100 (Tex. Civ. App.—Amarillo 1931, no
writ) (holding party had no right to appeal agreed judgment).
The rationale behind this rule is that a party should not be allowed to
challenge on appeal an action or ruling which it invited. Gillum v. Republic Health
Corp., 778 S.W.2d 558, 563 (Tex. App.—Dallas 1989, no pet.). A party’s consent
3
to the trial court’s entry of judgment waives any error, except for jurisdictional
error, contained in the judgment, and that party has nothing to properly present for
appellate review. DeLee v. Allied Finance Co., 408 S.W.2d 245, 247 (Tex. Civ.
App.—Dallas 1966, no writ).
B. To preserve a right to appeal, a party must make the trial court
aware that it disagreed with the final judgment.
If a party wants to preserve the right to appeal, it must follow steps set forth
by the Texas Supreme Court in First Nat’l Bank of Beeville v. Fojtik, 775 S.W.2d
632, 633 (Tex. 1989). These are not difficult, but they are mandatory.
In Fojtik, after the jury returned a verdict of zero damages, the plaintiffs
filed a motion for judgment that read as follows:
While Plaintiffs disagree with the findings of the jury and feel there is
a fatal defect which will support a new trial, in the event the Court is
not inclined to grant a new trial prior to the entry of judgment,
Plaintiffs pray the Court enter the following judgment. Plaintiffs agree
only as to the form of the judgment but disagree and should not be
construed as concurring with the content and result.
Id. at 633 (emphasis added). The Supreme Court recognized the plaintiffs’
“reservation of the right to complain . . . [as] an appropriate exercise of such a
right.” Id. It explained: “There must be a method by which a party who desires to
initiate the appellate process may move the trial court to render judgment without
being bound by its terms.” Id.
4
Courts applying Fojtik have clarified that, although “specific language” may
not be absolutely necessary, the issue is “whether the trial court was made aware
that the party requesting judgment be entered disagreed with the judgment.”
Seeberger v. BNSF Ry. Co., No. 01-12-00583-CV, 2013 Tex. App. LEXIS 12108,
at *7 (Tex. App.—Houston [1st Dist.] Sept. 26, 2013, pet. denied). One court
explained that “when a party makes an unqualified motion for entry of judgment . .
. the only issue is whether the trial court entered the judgment that the party asked
it to enter.” Sincerely Yours, L.P. v. NCI Bldg. Sys., L.P., No. 07-10-00280-CV,
2011 Tex. App. LEXIS 931, at *5 (Tex. App.—Amarillo 2011, pet. denied). That
court ultimately dismissed the appeal in that case, concluding:
If a party moves for entry of judgment without reservation, as
[appellant] did in the present case, we hold that all appellate issues
that challenge the judgment or any portion of the judgment that was
unqualifiedly requested by that party and entered by the trial court are
waived. If a party wants to preserve issues for attack on appeal, the
party must reserve that right in its motion for entry of judgment by
stating that it agrees only with the form of the judgment, and disagrees
with the content and result of the judgment.
Id. at *6-7.
C. Jeffray Alter waived his right to appeal by unconditionally
requesting the Final Judgment.
Jeffray Alter did not follow any of the steps set forth in Fojtik or the cases
following it. In fact, he did exactly the opposite. Alter requested the trial court to
sign a final judgment without ever stating his disagreement with the judgment,
5
without explaining he was agreed only as “to form,” without reserving his right to
appeal, and without otherwise noting his intention to challenge the judgment.
Instead, Alter unconditionally submitted a proposed Final Judgment (signed by his
counsel) that rendered judgment in his favor. At the time of this action, the trial
court was not aware that Alter disagreed with the judgment. 1 And it entered the
judgment Alter requested. As such, Alter waived his right to appeal the Final
Judgment and the jury’s findings incorporated into that judgment.
CONCLUSION
For all these reasons, Appellees, Benjamin Carmona and Beacon Sales
Acquisitions, Inc., request the Court to dismiss Jeffray Alter’s appeal (before
setting the parties’ briefing schedule, to save time and resources) because he
received exactly what he requested—a Final Judgment based on the jury’s
findings. Appellees further request any further relief to which they are entitled.
Respectfully submitted,
/s/ Jessica Z. Barger
Jessica Z. Barger
State Bar No. 24032706
Bradley W. Snead
State Bar No. 24049835
WRIGHT & CLOSE, LLP
1
A month later, on October 22, 2014, Alter filed a motion for new trial and motion for judgment notwithstanding
the verdict complaining about the judgment and expressing his intent to appeal. This is too late. This occurred
after the trial court signed his proposed final judgment that he set for submission. Alter never indicated to the
trial court that he disagreed with the verdict prior to submitting a proposed judgment on the jury’s verdict. The
trial court signed Alter’s proposed judgment based on the jury’s verdict.
6
One Riverway, Suite 2200
Houston, Texas 77056
(713) 572-4321
(713) 572-4320 (fax)
barger@wrightclose.com
snead@wrightclose.com
ATTORNEYS FOR BENJAMIN
CARMONA AND BEACON SALES
ACQUISITION, INC.
7
CERTIFICATE OF SERVICE
I hereby certify that, on December 29, 2014, a true and correct copy of this
document was served on counsel of record in compliance with the Texas Rules of
Appellate Procedure:
Richard Plezia
Bridget Ann White
RICHARD J. PLEZIA & ASSOCIATES
11200 Westheimer, Suite 620
Houston, Texas 77042
Frederick J. Dailey
FREDERICK J. DAILEY P.C.
1710 South Dairy Ashford, Suite 103
Houston, Texas 77077
/s/ Jessica Z. Barger
Jessica Z. Barger
8
TAB A
9/10/2014 3:59:18 PM
Chris Daniel - District Clerk
Harris County
Envelope No: 2449173
By: KIRBY, TERESA A
CAUSE NO. 2011-23496
JEFFRAY ALTER § IN THE DISTRICT COURT OF
§
v. § HARRIS COUNTY, TEXAS
§
BENJAMIN CARMONA & BEACON §
SALES ACQUISITION, INC. § 61ST JUDICIAL DISTRICT
NOTICE OF SUBMISSION
Please take notice that Plaintiff's Final Judgment will be heard by submission on the 22nct
day of September, 2014 at 8:00 a.m. before the Honorable Judge Al Bennett, located at 201
Caroline, Houston, Texas 77002.
Respectfully submitted,
Is/ Richard J. Plezia
RICHARD J. PLEZIA
RICHARD J, PLEZIA & ASSOCIATES
11200 Westheimer, Suite 620
Houston, Texas 77042
Telephone: 713-800-1151
Facsimile: 281-602-7735
CO-COUNSEL FOR PLAINTIFF
FREDERICK J. DAILEY
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14730 Carolcrest
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Houston, Texas 77079
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CERTIFICATE OF SERVICE
Pursuant to Texas Rules of Civil Procedure, I have delivered copies of this document on
the 101h day of September, 2014, to all opposing counsel and/or parties in one or more of the
following ways (as indicated):
Certified Mail Return Receipt Requested
_lL Telephonic Document Transfer (Via Fax)
Regular Mail
Hand Delivery
_lL Notice Provided byE-filing with the Court
Is/ Richard J. Plezia
RICHARD J. PLEZIA
Steven R. Hollingsworth
HAWKINS & ASSOCIATES
2777 Allen Parkway, Suite 370
Houston, Texas 77019
I, Chris Daniel, District Clerk of Harris
County, Texas certify that this is a true and
correct copy of the original record filed and or
recorded in my office, electronically or hard
copy, as it appears on this date.
Witness my official hand and seal of office
this December 29. 2014
Certified Document Number: 62297276 Total Pages: 2
Chris Daniel, DISTRICT CLERK
HARRIS COUNTY, TEXAS
``
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In accordance with Texas Government Code, 406.013 electronically transmitted authenticated
documents are valid. If there is a question regarding the validity of this document and or seal
please e-mail support@hcdistrictclerk.com
9/10/2014 3:59:18 PM
Chris Daniel - District Clerk Harris County
Envelope No. 2449173
By: TERESA KIRBY
CAUSE NO. 2011-23496
JEFFRA Y ALTER § IN THE DISTRICT COURT OF
§
v. § HARRIS COUNTY, TEXAS
§
BENJAMIN CARMONA & BEACON §
SALES ACQUISITION, INC. § 6tST JUDICIAL DISTRICT
FINAL JUDGMENT
On August 25, 2014, this cause came to be heard and Jeffray Alter, appeared in person
and by attorney of record and announced ready for trial. Benjamin Carmona and Beacon Sales
Acquisition, Inc., Defendants, appeared in person and by attorney of record and announced ready
for trial. A jury consisting of twelve qualified jurors was duly empanelled and the case proceeded
to triaL
The Court after motion for Directed Verdict brought by the Defendants granted a directed
verdict dismissing Plaintiffs claims for gross negligence on the part of both against Defendants,
granted Directed Verdict dismissing claims for contributory negligence alleged by Defendants.
:I
:I At the conclusion of the evidence, the Comt submitted the questions of fact in the case to
the jury. The charge of the Court and the verdict of the jury are incorporated for aU purposes by
reference herein. The jury returned the following finding:
QUESTION NO. 1:
Did the negligence, if any, of Benjamin Carmona proximately cause the occurrence in
question?
,, Beacon Sales Acquisition, Inc. is legalJy responsible for the conduct of Benjamin
I
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) Cannona, its employee, on the occasion in question.
Answer "Yes" or "No":
YES
Final Judgment 1
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QUESTION NO. 2:
What sum of money, if paid now in cash, would fairly and reasonably compensate J effray
Alter for his injuries, if any, that resulted from the occurrence in question'?
Consider the elements of damages listed below and none other. Consider each
element separately. Do not award any sum of money on any element ifyou have otherwise,
under some other element, awarded a sum of money for the same loss. That is, do not
compensate twice for the same loss, if any. Do not include interest on any amount of
damages you find.
You are instructed that any monetary recovery for loss of earning capacity is subject
to federal income taxes. Any recovery for any other element of damages listed below is not
subject to federal income taxes.
Do not include any amount for any condition that did not result from the occurrence
_____________in_ques_tiun.~---~-----~---~---~-----~---~------
Do not include any amount for any condition existing before the occurrence in
question, except to the extent, if any, that such other condition was aggravated by any other
injuries that resulted from the occurrence in question.
Do not include any amount for any condition resulting from the failure, if any, of
Jeffray Alter to have acted as a person of ordinary prudence would have done under the
same or similar circumstances in caring for and treating his injuries, if any, that resulted
from the occurrence in question.
Answer separately, in dollars and cents, for damages, if any. Do not reduce the
amounts, if any, in your answers because of the negligence, if any, of Jeffray Alter, in
Question Nos. 1 and 2. Any recovery will be determined by the court when it applies the
law to your answers at the time of judgment.
Final Judgment 2
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a. Physical pain and mental anguish sustained in the past.
Answer: _,.;J$~1..1.!.0~0=0C!.!.O!.!:O:..__
b. Physical pain and mental anguish that, in reasonable probability, Jeffi"ay Alter
will sustain in the future.
Answer: $0.00- - -
c. Physical impairment sustained in the past.
Answer: $0.00_ _
d. Physical impairment that, in reasonable probability, Jeffray Alter will sustain
in the future.
Answer: $0.00- - -
e. Loss of eaming capacity sustained in the past.
Answer: $0.00_ _
f. Loss of eaming capacity that, in reasonable probability, Jeffray Alter will
sustain in the future.
Answer: . $0.00
---
g. Medical care expenses incurred in the past.
Answer: _$15,246.87_
h. Medical care expenses that, in reasonable probability, Jeffray Alter will incur
in the future.
Answer: $0.00- - -
Because it appears to the Court that the verdict of the jury is for the Plaintiff, judgment
should be rendered on the verdict in favor of the Plaintiff.
Further, the Court finds that prejudgment interest is 5.0%. On September 2, 2014, the
prime rate was 3.25%. Prejudgment interest beings on April 17, 2011, the date the lawsuit was
Final Judgment 3
s JO £<>lied- SLZL6'l'l9 :J<>qwnN lU<>wnooa p<>YJU<>:J
filed, to and including the day before the date shown when this judgment is signed. The daily
rate of prejudgment interest is 0.01369863%.
Further, the Court finds Benjamin Cannona was working within the course and scope of
his employer Beacon Sales Acquisition, Inc. This was admitted by the parties, bo,th Plaintiff and
Defendants.
Further, the Court finds that pursuant to Tex. Prac. & Rem. Code§ 33.013 Beacons Sales
Acquisition, Inc. is liable for the jud&rment rendered herein.
Further, the Court finds that the amount of the judgment for Jeffiay Alter is $16,246.87.
IT IS THEREFORE ORDERED that Jeffiay Alter recover actual damages from the
Defendant Beacon Sales Acquisition, Inc. in the sum of $16,246.87 plus prejudgment and post
judgment interest as calculated in this order.
IT IS THEREFORE ORDERED that the total amount of the judgment here rendered
will bear interest at the rate of 5.00% compounded annually until the date the judgment is paid.
The daily rate is: 0.01369863%.
All costs of court spent or incurred in this cause are adjudged against Defendants.
All writs and processes for the enforcement and collection of this judgment or the costs
of court may issue as necessary.
All relief requested in this case and not expressly granted is denied. This judgment finally
disposes of all parties and claims and is a final judgment.
All other relief not expressly granted in this judgment is denied.
SIGNED this _ _ day of _ _ _ _ _ _ _ , 2014.
JUDGE PRESIDING
Final Judgment 4
SJO p a~nd- SLZL6"Cl9 :JaqwnN lUawn;:,oa pag:pJa;J
Texas ar No. J 6072800
RICHARD J. PLEZIA & ASSOCIATES
11200 Westheimer Rd., Suite 620
Houston, Texas 77042
Phone: 713-800-1151
Facsimile: 281-602-7735
ATTORNEY FOR PLAINTIFF
Final Judgment 5
S JO S ::l~lld- SLZL6ZZ9 :J::JqwnN lU::Jwnooa p::l!J!lJ::l:J
I, Chris Daniel, District Clerk of Harris
County, Texas certify that this is a true and
correct copy of the original record filed and or
recorded in my office, electronically or hard
copy, as it appears on this date.
Witness my official hand and seal of office
this December 29.2014
Certified Document Number: 62297275 Total Pages: 5
Chris Daniel, DISTRICT CLERK
HARRIS COUNTY, TEXAS
In accordance with Texas Government Code 406.013 electronically transmitted authenticated
documents are valid. If there is a question regarding the validity of this document and or seal
please e-mail support@hcdistrictclerk.com
TAB B
• I~ 1
9/10/2014 3:59:18 PM
Chris Daniel • District Clerk Harris County
Envelope No. 2449173
By: TERESA KIRBY
CAUSE NO. 2011-23496 @qOJ
JEFFRAY ALTER § IN THE DISTRICT COURT OF
§
v. § HARFUSCOUNTY,TEXAS
§
.BENJAMIN CARMONA & BEACON §
SALES ACQUISITION, INC. § 6tST JUDICIAL DISTRICT
FINAL JUDGMENT
. . .. t·.
On August 25, 2014, this cause came to be heard and Jeffray Alter, appeared in person
and by attorney of record and announced ready for trial. Benjamin Carmona and Beacon Sales
Acquisition, Inc., Defendants, appeared in person and by attorney of record and announced ready
for trial. A jury consisting of twelve qualified jurors was duly empanelled and the case proceeded
to trial.
The Court after motion for Directed Verdict brought by the Defendants granted a directed
$erdict. dismissing Plaintiffs claims for gross negligence on the part of both against Defendants,
-------·~eacon and-Carmona:-Tlie"Courtafter inohoni'Or"'btrecfed--verdictoroughToy the-Plaintiff.·
gr~'}tei:l Directed Verdict dismissing claims for contributory negligence alleged by Defendants.
At the conclusion of the evidence, the Court submitted the questions of fact in the case to
the jury. The charge ofthe Court and the verdict of the jury are incorporated for all purposes by
reference
.·, herein. The jury returned the following finding:
QUESTION NO. 1:
V)
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q1;1estion?
Did the negligence, if any, of Benjwnin Carmona proximately cause the occurrence in
Beacon Sales Acquisition, Inc. is legally responsible for the conduct of Benjamin
Curmooa, its employee, on the occasion in question .
• ~ 1'. i;. . .. ~
Answer "Yes" or "No":
YES
Fi~!al Judgment
RECORDER'S MEMORANDUM '
Th1s inslrument is of poor quamy
at the lime of 1mag1ng
'.
QUESTION
•~I ·I
NO. 2:
I ~
What sum of money, if paid now in cash, would fairly and reasonably compensate Jeffray
Alter for his injuries, if any, that resulted from the occurrence in question?
· Consider the elements of damages llsted below and none other. Consider each
~lement separately. Do not award any sum of money on any element if you have otherwise,
under some other element, awarded a sum of money for the same loss. That ~is, do not
compensate twice for the same loss, if any. Do not include ipterest on any amount of
damages you find.
.,
.L . . you are instructed that any monetary recovery for loss of earning capacity is subject
.. ••. r':· ti"'
tci fed~ral income taxes. Any recovery for any other element of damages listed below is not
subject to federal income taxes.
~•,
~ Do not iriclude.any amount for any condition that did not result from the occurrence
_____________in~ques.tion . _ _ _ _ __
Do not include any amount for any condition existing before the occurrence in
question, except to the extent, if any, that such other condition was aggravated by any other
injuries that resulted from the occurrence in question.
Do not include any amount for any condition resulting from the failure, if any, of
::~:.: ,s.., !i':~·
Jef,fray' Alter to have acted as a person of ordinary prudence would have done under the
same or similar circumstances in caring for and treating his injuries, if any, that resulted
from the occurrence in question.
Answer separately, in dollars and cents, for damages, if any. Do not reduce the
amounts, if any, in your answers because of the negligence, if any, of Jeffray Alter, In
Question Nos. 1 and 2. Any recovery will be determined by the court when it applies the
la).v. to your answers at the time of judgment.
Final Judgment 2
a. Physical pain and mental anguish sustained in the past.
Answer: _..:~:$:..:.I..,..o=oo.....=oo...___
b. Physical pain and mental anguish that, in reasonable probability, Jeffray A1ter
• ••• J
will sustain in the future .
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Answer: $0.00._ __
c. Physical impairment sustained in the past.
Answer: $0.00_ __
d. Physical impairment that, in reasonable probability, Jeffiay Alter will sustain
in the future.
Answer: _$0.00_ __
e. Loss of eaming capacity sustained in the past.
Answer: $0.00._ __
·---··.. ~ ____··.:..::._·_ _ _ _
f.·- L~!~f e``~ng __``£.~city that, in t:ea``abl~_pr``~bili``.-:!_````--Al``...``-11 ...
sustain in the future.
Answer: $0.00._ __
g. Medical care expenses incurred in the past.
Answer: _$15,246.87_
h. Medical care expenses that, in reasonable probability, Jeffiay Alter will incur
in the future.
Answer: _$0.00._ __
·,Because it appears to the Court that the verdict of the jury is for the Plaintiff, judgment
. ·',- ..
should be rendered on the verdict in favor of the Plaintiff.
Further, the Court ~nds that prejudgment interest is 5.0%. On September 2, 2014, the
prime rate was 3.25%. Prejudgment interest beings on April 17, 2011, the date the lawsuit was
)
Final Judgment 3
flied, to and including the day before the date shown when this judgment is signed. The daily
rate of prejudgment interest is 0.01369863%.
Further, the Court finds Benjamin Cannona was working within the course and scope of
his employer Beacon Sales Acquisition, Inc. This was admitted by the parties, both Plaintiff and
Defendants.
Further, the Court finds that pursuant to Tex. Prac. & Rem. Code§ 33.013 Beacons Sales
Acquisition, Inc. is liable for the judbrment rendered herein .
.--:further, the Court finds that the amount of the judgment for Jeffiay Alter is $16,246.87.
r: . IT IS THEREFORE ORDERED that Jeffray A1ter recover actual damages from the
Defendant Beacon Sales Acquisition, Inc. in the sum of $16,246.87 plus prejudgment and post
judgment interest as calculated in this order.
IT IS THEREFORE ORDERED that the total amount of the judgment here rendered
will bear interest at the rate of 5.00% compounded anp.ually until the date the judgment is paid.
The daily rate is: 0.01369863%.
AU costs of court spent or incurred in this cause are adjudged ~gainst Defendants .
.fJl writs and processes for the enforcement and collection of this judgment or the costs
of court may issue as necessary.
•'·
All relief requested in this case and not expressly granted is denied. This judgment finally
disposes of all parties and claims and is a final judgment.
All other relief not expressly grant~ in tltis judgment is denied.
SIGNED this day of SEP 2 ~ 2014
·\
4
Texas ar No. 16072800
RICHARD J. PLEZIA & ASSOCIATES
11200 Westheimer Rd., Suite 620
Houston, Texas 77042
Phone:713-800-1151
Facsimile: 281-602-7735
ATTORNEY FOR PLAINTIFF
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I, Chris Daniel, District Clerk of Harris
County, Texas certify that this is a true and
correct copy of the original record filed and or
recorded in my office, electronically or hard
copy, as it appears on this date.
Witness my official hand and seal of office
this October 6. 2014
Certified Document Number: 62464336 Total Pages: 5
Chris Daniel, DISTRICT CLERK
HARRIS COUNTY, TEXAS
In accordance with Texas Government Code 406.013 electronically transmitted authenticated
documents are valid. If there is a question regarding the validity of this document and or seal
please e-mail support@hcdistrictclerk.com
TAB C
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AMERICAN INTER NATIONAL GROU P - (LMS)
P.O. Box 9918
Amarillo, TX 791 05-59 18
Electronic Service Requested
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OCT 1 6 2014
3 - I>IG IT 7 7 0
1 3 899 0 - 38 20 AT 0-403 Check No.: 27251226
111'1' alt•tlllu•ll''l•'ll •l'lllllln•t•III•'•'•I•IIJ•It111'1'111 RFP No.: 657077 ~
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( . HAWKINS % HAWKINS & ASSOC 57 Check Date: 10/10/2014
2777 ALLEN PKWY STE 370 >
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HOUSTON, TX 77019-2192 Check Amount: 19,092.16 w
Insured: BEACON SALES ACQU ISITION,
INC.
Claimant: ALTER JEFFRAY
Claim Office: 684
Insuring Company: NATIONAL UNION FIRE
INSURANCE CO. OF
PITTSBURGH
Payee Name: JEFFRAY ALTER AND HIS
ATTORNEY
Po licy No. Claim No. Symbol Date of Loss Type Status I Amount
000001469509 00341124 03 12/21/2010 IND 0 I 19,092.16
Total Amount 19,092.16
Reason for Payment
JUDGMENT PLUS INTEREST
Use File# 684/00341124 on all correspondence for prompt processing.
For check information call: 877-802-5246
F O R SEC URI TY PUR PO SES, T H E FACE O F THIS DOCUMENT CONTAINS • A BLUE BAC KGROUND AND MICROPRINTING IN THE BORDER
NATIONAL UNI ON FIRE LNSURANCE CO. OF PITISBURGH
C la im No: 0034 11 24 Policy No.: 000001469509 CII ECK No. 2725 1226
Reason for Payment JU DGM ENT PLUS INTEREST RFP No. 00657077
DATE 10/10/2014
*********Nineteen Thousand Ninety Two & 16/100 Dollars*** \\lOt '\I I' \II)
::,Y)
:-0 Pay J EFFRAY ALTER AND HIS ATTORN EY Void afitr 90 D1y-,: *******$ 19,092.16 1
20 TO THE RIC HARD J. PLEZIA
r RDEROF
JPMORGAN CIIASE BANK, N.A
SYRACUSE, NY 13206
DO NOT C A SH IF WATERM ARK IS NOT PRESENT ON TH E REVERSE SIDE OF THIS DOCUMENT· HOLD AT AN ANGLE TO VIEW
HAWKINS &ASSOCIATES
Attorneys At Law
2777 Allen Parkway • Suite 370 • Houston, Texas 77019
TEL: 713-831-4800 • FAX: 830-542-5616
CONNIE lh IIA WKINS VIVIAN L. ETHRIDGE
MARGO ORNHI.AS Located In Snn Antonio, TX
BRIAN G. CANO Direct Dial: 713·702-4139
OLGA PANCHENKO
October 16, 2014
Richard Plezia Via Overnight Delivery
Richard J. Plezia & Associates
11200 Westheimer, Suite 620
Houston, Texas 77042
Re: Cause No. 2011-23496; Jeffray Alter v. Benjamin Carmona and Beacon Sales
Acquisition, Inc.; In the 61 51 Judicial District Court, Harris County, Texas
Enclosed please find a copy of the Final Judgment and check number 27251226,
in the amount of $19,092.16, made payable to Jeffray Alter and His Attorney Richard
Plezia. Defendants tender this amount unconditionally in full satisfaction and for release
of the judgment dated September 23, 2014 rendered in Cause No. 2011-23496 styled;
JeffrayA!ter v. Benjamin Carmona and Beacon Sales Acquisition, Inc. pending in the 61 51
Judicial District Court, Harris County, Texas.
Should you have any questions, please feel free to call me.
Sincerely,
Cr,~v- /y:..~•
Connie L. Ha~lns
cc: Frederick J. Daily
Frederick J. Daily, P.C
1710 South Dairy Ashford, Suite 103
Houston, Texas 77077
C:\Documents nnd Scttings\cohawkin\Locnl Scttings\Tcmpollll)' Internet Files\Contcnt0utlook\JH07NSXN\Icllcr-seltle-ck.doc:nc
UPS CampusShip: Shipment Label Page I of!
UPS CampusShip: View/Print Label
1. Ensure there are no other shipping or tracking labels attached to your package. Select the
Print button on the print dialog box that appears. Note: If your browser does not support this function
select Print from the File menu to print the label.
2. Fold the printed sheet containing the label at the line so that the entire shipping label is visible.
Place the label on a single side ofthe package and cover It completely with clear plastic
shipping tape. Do not cover any seams or closures on the package with the label. Place the
label in a UPS Shipping Pouch. If you do not have a pouch, affix the folded label using clear plastic
shipping tape over the entire label.
3. GETTING YOUR SHIPMENT TO UPS
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retail outlets and UPS drivers.
Schedule a same day or future day Pickup to have a UPS driver pickup all your CampusShip
packages.
Hand the package to any UPS driver in your area.
Take your package to any location of The UPS Store®, UPS Drop Box, UPS Customer Center, UPS
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nearest you, please visit the Resources area of CampusShip and select UPS Locations.
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Your driver will pickup your shipment(s) as usual.
FOLD HERE
https://www.campusship.ups.com/cship/create?ActionOriginPaic=default_PrintWindo... I 0/16/2014
UPS: Tracking Information Page I of!
`` Proof of Delivery ClnsqWln!low
oaarcustomor,
Thlsnouce serves as proof of delivery for the shipment listed below.
Tr.~cklng Number: 1Z87EOE21396738941
Service: UPSNoxtDoyAlrSavcrl!l
Shlppod/BIIIodOn: 10/1612014
Dollvorad On: 101171201412:48 P.M.
Do livered To: HOUSTON, TX, US
Signed By: NORRA
LoftAt: Reception
Thank you forgMng us this opportuMyto serve you.
Sincerely,
UPS
Trocklng rasults provided by UPS: 10/21/201411:58 A.M. Er
P11n! This P11gn C!QsgWindow
http://wwwapps.ups.com/WebTracking/processPOD?Requester-&tracknum=IZ87EOE21 ... I 0/21/2014