in Re Lorie A. Pfeil and Pfeil Fitness, Inc. ( 2015 )

ACCEPTED
01-15-00433-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
5/20/2015 12:49:02 PM
CHRISTOPHER PRINE
BUCKLEY, WHITE, CASTANEDA & HOWELL, L.L.P. CLERK
A REGISTERED LIMITED LIABILITY PARTNERSHIP
INCLUDING PROF'"ESSION_t\L COR P ORATIONS
ATTORNEYS AT LAW
R l CHARD T. HOWE L !..., JR. TELEPHONE 17131 789-7700
2401 FOUN T AINVIEW
rthowell@bwchlaw.com FACSIMILE (713) 78!<>-7703
SUITE 1000
HOUSTON, TEXAS 77057 FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
May 20,2015 5/20/2015 12:49:02 PM
CHRISTOPHER A. PRINE
Clerk
864
Mr. Christopher A. Prine
Clerk, First Court of Appeals
First Court of Appeals
301 Fannin Street
Houston, Texas 77002-2066
Re: Cause No. 791725; First Industrial, L.P. v. Pfeil Fitness, Inc. and Lorie A. Pfeil; In the
County Court at Law Number Three (3) of Harris County, Texas
Dear Mr. Prine:
On May 18, 2015, Real Party in Interest's Response to Petition for Writ of Mandamus
was filed.
Please replace App No. 2 which was filed with the Real Party in Interest's Response to
Petition for Writ of Mandamus on May 18, 2015 with the corrected App. No. 2 which is enclosed
hereto. The original App. No. 2 was incorrect.
I apologize for any inconvenience this may have caused. Thank you for your time and
attention to this matter. Should you have any questions regarding this matter, you may contact
the undersigned.
Sincerely,
Is/
RichardT. Howell, Jr.
RTH/hv
Enclosures
W:\Howell\864\Appellate\Appe!late courl-00 l.docx
cc: Mr. Sean Reagan Via Email: sreagan(ii)Jpm(irm.com
Leyh, Payne & Mallia, PLLC
9545 Katy Freeway, Suite 200
Houston, Texas 77024
APPN0.2
ASSIGNMENT OF FINAL .JUDGMENT
This Assignment of Final Judgment ("Assignment") is made and e'ffectiv~.. on
September l, 2009, by Carlyle/FR Houston Investors, L.P. ("Assignor") and First Industrial
Investment II, LLC C'Assignee").
Recitals
WHEREAS, a Final Judgment in Cause No. 791,725; First industrial, L.P. vs. Pfeil
Fitness, Inc. and Lorie A. Pfeil; In the Coun·ty Civil Corni at Law Number Three (3) of Harris
County, Texas in favor of Carlyle/FR Houston Investors, L.P. was signed on or about February
8, 2006 against Pfeil Fitness, Inc. and Lorie A. Pfeil. A true and correct copy of the Final
Judgment is attached hereto and incorporated herein by reference for all purposes as Exhibit
"1."
WHEREAS, Assignor now intends to assign all of its right, title, and interest, in its Final
Judgment to Assignee.
THERKFORE, in consideration of the mutual promises and conditions contained in this
Assignment, the parties agree as follows:
Assignment
I. Effective September I, 2009, Assignor assigns to Assignee ail of its right, title, and
interest in the Final Judgment signed on or about February 8, 2006 in Cause No. 791,725;
First Industrial, L.P. vs. P.feil Fitness, Inc. and Lorie A. Pfeil; In the County Civil Court
at Law Number Three (3) of Harris County, Texas in favor of CarlyleiFR Houston
Investors, LP, against Pfeil Fitness, Inc. and Lorie A. Pfeil.
Binding oo Succcss~rs
This Assignment binds and inures to the benetl.t of the parlies, their heirs, executors,
administrators, successors in interest, and assigns.
Acknowledged, Accepted 11nd Agreed to as of the 1sl day of September, 2009.
ASSIGNOR
Cndylcll~R Houston Investors, L.P.
By: s-:o~
FR Houston, L.P.
its sole general parbtcr
ASSIGNEE
First Industrial1nvestment n, L:LC
By: 5&YAM0
First Indnstl'ial, L.P., its sole member
..
oo\
NO. 791,725
-. , oO ~
'd-
oo .\
/ o'"'
§ / () IN COUNTY CIVIL COURT
§
Plaintiff, §
) §
vs. § AT LAW NUMBER THREE (3)
§
PFEIL FITNESS, INC. AND LORIE A. §
PFEIL, §
§
Defendants. § OF HARRIS COUNTY, TEXAS
FIJ.~AL JUDGMENT
On September 12, 2005, the court called this case for trial. Intervenor, CARLYLE/FR
HOUSTON 'INVESTORS, LP ., appeared in person and through its attorney and annmmced ready
,
for trial. Defendants, PFEIL FTINESS, WC. AND LORIE A. PFEIL, appeared in person and
through their attorney of record and announced ready for trial. The court detennined that it had
jurisdiction over the subject matter and parties to this _proceeding. The parties submitted all matters
in controversy, legal and factual, to the court. The court then heard the evidence and arguments of
counsel and rendered judgment for Intervenor, Carlyle/FR Houston Investors, L.P.
It is therefore, ORDERED, ADJUDGED AND DECREED, that Intervenor, Carlylo/FR
Houston Investors, L.P ., shall have and recover from Defendants, Pfeil Fitness, Inc. and Lorie A.
PfeiL jointly and severally, a judgment in the sum ofTwenty Tho1.1sand Six Hundred Sixty Six and
58/lOODollars ($20,666.58). Interest will accruefromJanuary31, 2006, through entryofjudgmeilt
at eighteen percent {18%) per annum on the principal sum of$13,504.04.
It is further, ORDERED, ADJUDGED AND DECREED, that posgudgment interest will
accrue at a rate of eighteen percent (18%) per annum compmmded annually from the date hereo(
until the judgment is paid in full.
It is further ORDERED, ADJUDGED M1> DECREED, that Intervenor, CarlylefFR
EXHIBIT Houston Investors, L.P., shall have and recover from Defendants~ Pfeil. Fitness, Inc. and Lorie if~
,,.
\
Pfeil, in addition to the sums set forth above, attorneys' fees in the amount of eighteen thousand a,nd
00/100 Dollars ($18,000.00), together with the conditional judgment ofF~ve Thousand and 00/100
Dollars ($5,000.00) should Defendants, Pfeil Fitness~ Inc. and Lorie A. Pfeil, unsuccessfully app~al
this judgment to the Cottrt of Appeals, and Two Thousand Five Hundred and 00(100 ($2, 500.00)
should Defendants, Pfeil Fitness, Inc. and Lorie A. Pfeil, file a petition for review with the Texas
Supreme Court, s:rnd Pive Thousand and 00/100 Dollars ($5,000.00) should the petition fur review
be granted by the Texas Supreme Court.
It is further, ORDERED ADJUDGED AND DECREED, that First Industrial, L.P.'s and.
Carlyle/FR InvestoiS, L.L.C. 's nonsuits without prejudice are in all respects GRANTED. "~ .. ·· ·: ~;
l1 is further, ORDERED, AD.JUDGED AND DECREED, that First Industrial, L.P.~