on 2/25/2015 4:21 :41 PM
OFFICE OF STAN STANART FILED IN
COUNTY CLERK, HARRIS COUNTY, TEXAS 14th COURT OF APPEALS
CIVIL COURTS DEPARTMENT HOUSTON, TEXAS
2/25/2015 4:24:40 PM
February 25, 2015
CHRISTOPHER A. PRINE
Clerk
Court of Appeals
301 Fannin
Houston, Texas 77002CORRECTED
LETTER OF ASSIGNMENT
Trial Court Docket Number: 1057001
T r 1al Court Number : Three (3)
St le:
MISHA FURGOSON, VS. ENCLAVE AT COPPERFIELD
MISHA AS OF
N.D.K.AND MISHA FERGUSON, AS MINOR
S.G.F.
APPELLANT(S) APPELLEE(S)
Judge: LINDA STOREY
Appe11ant(s) Appellee(s) Attorney:
Ferguson, Pro Se Rusty R. Foteh, No. 24063858
19110 Yaupon Drive 5051 Westheimer, Suite 1200
Cypress, Texas 77433 Houston, Texas 77056
Phone: (832) 371-3965 Phone: (713) 977-8686
Fax: N/A Fax: (713) 977-5395
E-Mail: mishaferguson@gmai1.com E-Mail: foteh@hoovers1ovacek.com
Misha Ferguson, appellant, a of Appeal on 20, 2015 the Final that was signed on
21, 2015.
Motion for New Trial 20, 2015.
The Clerk’s Record is due to your office on or before 21, 2015.
/S/Joshua Alegria
Joshua Alegria
Deputy Clerk
P.O. Box 1525
Houston, TX 77251-1525
(713) 755-64211>.o.
Box 1525 I TX 77251-1525 I (713) 755-6421
1 1
1
PM
Stanart
County
1057001
MISHA FERGUSON § IN THE COUNTY COURT AT LAW
§
V. § N(). 3
§
MISHA FERGUSON, AS MINOR OF §
N.D.K. AND MISHA FERGUSON, AS §
MINOROF S.G.F. §
Defendants. § HARRIS COUNTY, TEXAS
NOTICEOF APPEAL
Misha Ferguson, Ferguson, as Minor of and
Misha Ferguson, as Minor S.G.F., parties to this case, this Notice to
the trial court's or other appealable
The trial court, trial court ease numberand style this shownin the above
caption.The
or order appealed from was signed on 2l 2015.
,
Misha Ferguson, Individually,Misha Ferguson, as Minor of and Misha Ferguson,
as Minor S.G.F. desire to appeal because the Court did not hear the circumstancessurrounding
the eviction based on retaliation for the tenants health and safety issues in her
apartment that caused her to be ill.
This appeal is being to either the First or Court ofAppeals.
This notice is being by Misha
Appellant is presumed indigent and may proceed without advance payment of costs as
provided in Rule 20. l (a)(3).
2
By:
Misha Ferguson,Pro Sc
Email:mishaferguson
19110Yaupon
TX 77433
Tel.(832)371
Misha Ferguson, as
next Minor N.D.K. and
next Minorof S.G.F.
CERTIFICATEOF SERVICE
1 that on 20, 2015 a true and correct copy Notice
Appeal was served on Foteh at and the
electronic transmission as complete.\Misha
Ferguson,Pro Sc
i1.com
3
THEENCLAVE
ATCOPPERFIELD § INTHECOUNTY
CIVILCOURT
VS. AT LAW NUMBER THREE (3)
MISHAFERGUSON
ANDALLOCCUPANTS § HARRISCOUNTY,TEXAS
BE IT REMEMBEREDthat on this date came on to be heard the above-entitledand
cause, and THE ENCLAVE AT COPPERFIELD and MISHA FERGUSON
AND ALL OCCUPANTS ("Defendant”), appeared before the Court and ready for trial.
All matters of fact and things in controversy were submitted to the Court, and the case proceeded to
trial.The
after considering the pleadings on the evidence presented at and the
arguments of the parties, is of the opinion and that:
(l) Plaintiff is the owner and landlord of and Defendant is the tenant of the leased
premises located within Harris County, Texas at 15503 FM 529., Apt. No. 532,
Houston, Texas 77095 (the "Premises");
(2) Plaintiff Defendant’s right to occupy the Premises;
(3) Plaintiff made written demand upon Defendant to vacate same, which demand was
received by Defendant as required by law;
(4) Defendant is thereby guilty of forcible detainer;
(5) Plaintiff is entitled to possession of the Premises from Defendant;
(6) Plaintiff is entitled to recover any and all past-due rental amounts from Defendant;
l5l338-00196
4
(7) isentitledto recoverits costsof courtfrom and
(8) Plaintiff is entitled to recover its attorneys’ fees from Defendant.
ltistherefore:
ORDERED,ADJUDGEDand DECREEDthat Plaintiff THE ENCLAVEAT
COPPERFIELDshall be and hereby is awarded possession ofthe Premises located in Harris County,
Texas at 15503 FM 529., Apt. No. 532, Houston, Texas 77095 from Defendant MISHA
FERGUSON
ANDALLOCCUPANTS;
rs,further,
ORDERED, ADJUDGED and DECREED th Defendant MISHA FERGUSON, shall pay
$|ast-due
to Plaintiff THE ENCLAVE AT COPPERFIELD rental amounts
properly due and owing Plaintiff pursuant to the terms ofthe Lease, with interest thereon at the rate
of 5% per annum from the date of this until paid; it is, further,
ORDERED, UDGED and DECREED that Defendant MISHA FERGUSON, shall pay
to the Plaintiff THE ENCLAVE AT COPPERFIELD $ fees and
litigation costs reasonably and necessarily incurred by the prosecution of this cause of action,
pursuant to the terms of the Lease, with interest thereon at the rate of 5% per annum from the date
of this Judgment until paid; it is, further,
ORDERED, ADJUDGED and DECREED that Defendant MISHA FERGUSON, shall pay
to Plaintiff THE ENCLAVE AT COPPERFIELD all of its taxable costs of court, together with
post-judgment interest thereon at the rate of 5% per annum from the date of this judgment until
it is, further,ORDERED,
ADJUDGED AND DECREED that Plaintiff, THE ENCLAVE AT
COPPERFIELD, shall recover from the sureties in this matter, Rosalind Ferguson whose address is:
9802 Forum Park Dr., Apt. No. 3245, Houston, Texas 7706, jointly and severally, the amount of
1/20/2015 1 2
5
$1,916.00, together with post-judgment interest at the rate of per cent (5%) per annum
from the date of this until paid. It is further,
ORDERED, ADJUDGED AND DECREED that if this case is appealed to the Court of
Appeals and Plaintiff prevails, Plaintiff shall be awarded $5,000.00 from Defendant. lf a Motion for
Rehearingoran Applicationfor a WritofErrorismadeto theSupremeCourtandPlaintiffprevails,
then Plaintiff shall be awarded $5,000.00 from Defendant. lf an appeal is made to the Texas
Supreme and Plaintiff prevails, Plaintiff shall be awarded $5,000.00 from Defendant. It is
ADJUDGED AND DECREED that the Clerk of the Court issue all writs and
processes, including but not limited to writs of possession and writs of execution, in aid of
.
This is a Final Judgment disposing of all issues and all parties, and all prior interlocutory
orders of the Court in this cause are hereby made and this judgment is appealable.
SIGNED on January 2015.JUDGE
,
151338-00196RRF l/20/201500933033.WPD1
6
APPROVED AS TO FORM AND SUBSTANCE:
LLP
RustyR.Foteh
State Bar No. 24063858
5051 Westheimer, Suite 1200
Houston,Texas77056
(713) 977-8686; (713) 977-5395
FORPLAINTIFF
THEENCLAVEATCOPPERFIELDRzco
· _
of carbonor
AH
1/20/2015
RRF 1
7