Stacey Scott v. Larry Furrow and Keller Williams Legacy Group

ACCEPTED 04-15-00074-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS THORNTON , BlECHLIN , SEGRATO , 2/27/2015 11:12:46 AM KEITH HOTTLE REYNOLDS & GUERRA , L.C. CLERK ATTORNEYS AT LAW Vaughan E. Waters Board Certified - Civil ApDetlate Law Texas Board'of Legal SpeclaiizaUon ONE INTERNATIONAL CENTRE FILED IN 4th500 100 N.E. LOOP 410, SUITE COURT OF APPEALS AUSTIN Direct dial: (210) 581-0295 g^ ANTONIO, TEXAS 7821 6-4741 SAN ANTONIO, TEXAS (210) 342-5555 RIO GRANDE VALLEY Writer e-mail address: 02/27/2015 11:12:46 AM vwaters@thomtonfiun.com >-rtA ^ I U; 0^0-1 KEITH E. HOTTLE Clerk February 27, 2015 Mr. Keith E. Hottle VIA E-FILE Clerk, Fourth Court of Appeals 300 Dolorosa, Suite 3200 San Antonio, TX 78205 Re: CauseNo.04-15-00074-CV Stacey Scott vs. Larry Furrow and Keller Williams Legacy Group Our File #38741 Dear Mr. Hottle: This firm represents Larry Furrow and Keller Williams Legacy Group in connection with the above referenced appeal. I have reviewed the notice of appeal filed on or about February 11, 2015 by Appellant Stacey Scott, pro se, by which she attempts to appeal from what she terms the "Final Judgment signed November 13, 2014... granting Defendants', Larry Furrow and Keller Williams Legacy Group's motion for traditional summary judgment... ." We wish to apprise this Honorable Court that the order of November 13, 2014 referenced by Ms. Scott (styled "Order on Defendant Keller Williams Legacy Group Motion for Traditional and No-Evidence Summary Judgment") is an unappealable, interlocutory order which does not dispose of all issues between and among these parties in the case. In that regard, attached hereto as Exhibit "A" is a true and correct copy of the actual Final Judgment entered in the severed cause and which disposes of all issues between and among PlaintifP/Appellant Stacey Scott and Defendants/Appellees Larry Furrow and Keller Williams Legacy Group. In particular, and as you will note, the earlier order left unresolved the issue of attorney's fees as between these parties; this issue is determined in the February 24, 2015 Final Judgment, which incorporates the earlier mterlocutory partial summary judgment in favor of these Defendants. In view of the foregoing, Ms. Scott's notice of appeal is ineffective to perfect an appeal of any judgment or order over which this Honorable Court would have jurisdiction. Mr. Keith E. Hottle February 27, 2015 Page 2 As always, we thank this Honorable Court for its kind attention to this matter. THORNTON, BIECHLIN, SEGRATO, REYNOLDS & GUERRA, L.C. BY Vaughan E. Waters VEW:jld Enclosure ec: Ms. Stacey Scott via e-mail to staceyscott549@msn.com SFC/iyA 02/19/2015, 38741 CAUSBN0.13-U25-CV-A STACBY SCOTT IN THE PISTRICT COURT Plaintiff, V. GUAPAUJPB CQVNTY, T^XAS XARRY PVRROW AND KELL? WILLIAMS WACY GROUP PQfen(3ant$. 25W JUDICIAL DISTRICT FINAl. JVDGMW On this day came to be heard the above styled and numbered cause. All parties appeared by and through their respective counsel and announced "ready." The Court proceeded to take up this matter for consideration in its due order on the docket. The Court finds that it previously granted summary Judgment in favor of Defendants herein, LARRY FURROW and KELLRR WILLIAMS I.BGACY GROUP, by order dated November 14, 2014, in Cause Number 2013-1125-CV, in the 25th Judicial Pistrict Court of Gvad&lupe County, Texas (fhe "Main Cause"), ordering that Plaintiff take nothing agamst the Defendants on all of the Plaintiff's claims; the Court further ordered that Plaintiff's claims against pefendgnts be severed into a separate cause—assigned as Cause Number 2013-1125- CV-A, in the 25th Judicial District Court of Quadalupe County, Texas (the "Severed Owe"). The Court further finds that the only remaining issues pending before this Court in this, the Severed Cause is the counterclaim by pefendants against Plaintiff seeking recovery of attorneys' fees nnd costs in favor of Defendants and against Plaintiff, After examining all of the pleadings on file in this case, reviewing pefendants' Traditional Motion for Summary Judgment on Pefendants' Counter-Claim for Attorney's Fees .^!1^ Page^(^"'"""""<% Page^g^. ^Y "•'•^ •V •? a ! iTl 0 '! P and the proper summary judgment evidence attached therein and any responses filed thereto, and hearing and considering the arguments and authorities presented by counsel, finds that Defendants' Traditional Motion for Summary Judgment on Defendants' Counter-Claim for Attorney's Fees is well-founded and sho\M be in all things GRANTEP, It is, therefore, ORDERED, ADJUDGBD, andDBCR^ED as follows: 1. The Court hereby incorporates the Summary Judgment entered by this Court in favor of Pefendants LARRY FURROW and KB^ER WH.UAMS LEGACY GROUP, by order dated November 14, 2Q14, originally m the Main Cause and ORDBRS that Plaintiff Stacey Scott take nothing on all of her claims against Defendants LARRY FURROW and KEWBR WILLIAMS \ LEGACY QROUP. 2. The Court Further Orders that Defendants LAKRY FURROW and KELLER WILLIAMS LEGACY ORQUP do have and recover from the Plaintiff Stacey Scott, the follpwing sums as reasonable and necessary attorney's fees; A. Through the trial of the Plaintiff's claims in the Main Cause and the Severed Cause attorney's fees: $ 70,179,00 ^ $, In the event appeal is perfected to the Fourth Court of Appeals, the additional sum of; "43%WW. C. In the event of submission of ancVor a response to a petition for review to the Texas Supreme Court the additional sum of; ' ' ' ^UWWQ ^ Q€C^> D. In the event fhe Texas Supreme Covrt grants the petition for review or orders full briefing, the additional sum of; ^20,000.©&" In addition to the foregoing, all costs herein incurred are hereby adjvdged against Plaintiff Stacey Scott, ^^. •^ -y ^ fe. s c^ ^' m S« jo2 ^ \ f s f^ ^ ^r ('„ ^ ^ ^ v°'^...^/^/ •^ •».......<'-^ r^»- '%,... svx3h^v 'ff/iF,',^t^ ,/ .i It is the intention of this Court that this Judgment be a full, fmal, and appealable judgment disposing of all of the parties and all of the relief which is addressed in this, the Savored Cause. It is, therefore, further ORDBRBD, ADJUDGED, and PECREED that any relief sought m this Severed Cause and not otherwise addressed in this Judgment, is hereby, ar4 in all ^^ things DENIED. SIONED this /.,.L day of , .,2015J JUDQB PRESIDING APPROVED AS TO FORM; THORNTON, BIECHLIN, SEGRATO REYNOLDS & GUEKRA, L.C. Fifth Floor - One International Centre ICONS Loop 410 San Antonio, Texas 78216 (^10) 342-5555 (210) 525-066^ BY; , ,. , ScpttP.Cline State Bar No. 04394500 ATTORNEYS FOR DEFENDANTS XAKRY FURROW and KELLER WILLIAMS LEGACY GROUP Stacey Scott, Pro Se 634 Ashmore Ave, New Braunfels, Texas 78130 I, DEBRA, CROW, Clerk o-f Q}6 Distrist Comts, in and for C'uadalupe County, Texas, do beroby ^•s^ cerUfy tliat tlie above and foregoi'ig is a true ^> and corruul copy of the original r.iov/ on fi'te, '-im'Vi undur myjiqnd and seal oj: said Court at ''PP/<9'^J/, Texasl^tte fcft' a' \v^ 'c^'». -0 •• mS .day of.lWLVUMiZL, 20j,/, . Page 3 o: os DliBPA CROW, Ui:-;,lr>ct Clerk, ,dalu)?l Count); "i'cxa.'i 0^ ^ \ / .P.-5'' By Deputy ^ ^\ ..-•'l^/ '^. £l \"i* s^.y