Misha Ferguson, Individually, Misha Ferguson, as Minor of N.D.K. and Misha Ferguson, as Minor of S.G.F. v. the Enclave at Copperfield

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

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 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).

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 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

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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

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 (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

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$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

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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

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of carbonor
AH

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