lM^N|fl4-14-00410-CV
IN THE
14th COURT OF APPEALS OF TEXAS
Petitioner, MW 09 2015
v.
CH
Respondent.
• ST
APPELLANT'S 1" SUPPLEMENTAL
RESPONSE AND OBJECTIONS TO ^
2-12-15 DEADLINE TO FILE BRIEF
TO THE HONORABLE JUSTICES OF THIS 14th TEXAS COURT OF APPEALS
Appellant files his supplemental response and objections ["Supplemental
Objections "] to the per Curiam Order of Appellate panel consisting of the Hon.
Christopher, Boyce and Wise that was issued on January 29,2015 and directed him to file
his brief by February 12,2015 or his appeal from permanent injunction issued by the
current presiding judge ofthe 11th Judicial District Court ofHarris county Michael David
Miller ["Miller"] in Case #1997-40590.over three {3} years after Miller dismissed
that case for want of prosecution by realigned plaintiff Dosohs I, Ltd.JOriginal
Appellant's Clerk Record at page 250, Original Appellant Appendix of 12-12-15,mailed
here and filed 12-18-15 at Ex."104",true copy attached here as Ex."A"]-otherwise this
appeal will be dismissed for "want of prosecution"[.In support thereof Appellant shows:
JUST PRIOR TO 2-12-15 DEADLINE APPELLANT DISCOVERED NEW FRAUD IN #1997-40590
1. Attached are original copies of eight (8) documents[marked"a-h"l filed in March
2000 in No. 1997-40590 by Ms.Celinda Baez Guerra f"Guerra"l -former trial
attorney of Dosohs I,Ltd in lawfirm of Munn &Flume,"association of lawfirms"
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2.These 8 documets are listed below and incorporated here as if copied
(a) "DOSOHS I, LTD's AMENDED COUNTERCLAIM AND PETITION
FOR DECLARATORY RELIEF".filed March 6,2000 -Clerk Image #42770193
(b) Exhibit Itinmarked,not date stamped] describing real property located at
Bellfort Place Subdivision, Harris County-filed March 6,2000 -Image #42770195
/c) Transmittal letter signed by same Guerra transmitting on march 23,2000
amended pleadings and motion for protection for further discovery of Dosohs
executive Matt N. Molak -filed March 24, 2000 -Clerk Image #42777137
(d) "DEFENDANT'S SECOND AMENDED ORIGINAL ANSWER" F".filed
March.24,2000—Clerk.Image.#42777143
(e) "DOSOHS I, LTD's SECOND AMENDED COUNTERCLAIM AND
PETITION FOR DECLARATORY RELIEF"-filed March.24,2000-C/er£
Image.#42777145
(f) Exhibit [unmarked,not date stamped] describing real property located at
Bellfort Place Subdivision, Harris County-filed March 24,2000 -Image #42777146
(g) "DOSOHS I, LTD's MOTION FOR PROTECTIVE ORDER ON
THE NOTICE OF DEPOSITION OF MATT MOLAK".filed March 24,2000 -
ClerkImage #42770193
(h) 'ORDER"(UNSIGNED).filed March 24,2000 Clerk Image #42777138
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9. Appellant needs 6 more weeks to scrutinize the actual archived record and order a new
supplemental record.
CONCLUSION AND APPELLANT'S PRAYER FOR RELIEF
WHEREFORE-IN INTERESTS OF JUSTICE, FAIRNESS. AND ACHIEVING MAJOR JUDICIAL
DISPOSITIONS OF THIS APPEAL I ASK FOR FINAL EXTENSION. UP TO AND
INCLUDING MONDAY.APRIL 17.2015 BY 2PM-WHEN I WILL FILE
RESPECTBALE BRIEF-CITING TO ALL CLERK RECORDS AND THE 6
APPENDICES
served on Appellee by mail Thusrday 3-5-15 (am)then filed in court tav If. (V
Dov K.Avni -Appellant/Movant 150-B Forest Dr,Jericho,NY11753;516-318-3791;dovduba@aol.com
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2. THE AMENDED COUNTERCLAIM SUPERSEDED AND DELETED PLEA FOR SANCTIONS
PURSUAT TO TRCP 65 AD ESTABLISHED CASE LAW THE SECOND AMENDED COUNTERLCAIM OF
3-24-2000 DELETED ALL PLEADINGS FOR R.215 SANCTIONS. NO OTHER PLEA FOR INJUNCTIVE
RELIEF BY DOSOHS I.LTD WAS PENDING AT ANY TIME AFTER 3-24-2000 UNTIL SEHERE &CROW
FRAUDULENTLY ASSERTED IT STARTING SPETMBER 25.2013 (!!)
B.APPELLANT CAUSED MASSIVE.ADEOUATE CLERK RECORD TO BE
FILED DESPITE "SATURATION ATTTACKS"- BY APPELLEE ANDITS AIDERS
1. Appellant designated his original Clerk Record (of 760 pages) on appealed and
it was completed and filed here on September 4,2014-dealing mainly with post-dismissal
proceeding in Case #1997-40590 that were initiated on September 26,2013 by Appellant
who moved to find appellant in contempt for allegedly violating an anti-suit injunction
that was purportedly signed by the hon.Mark Davidson,former presiding judge of the 11
District Court of Harris County,and since 2008 an aiding pre-trial judge in cases of
asbestosis (over 7,600 cases todate) to judge Michael David Miller whom Appellant's
new attorneys Rick R.Crow,Jr. ["Crow"] and Eric David Sherer brazenly defrauded into
the errponeous belief that Davidson actually caused that order to be signwed on that date
and then entered into official minutes of Case #1997-40590 on or soon after May 25,2000.
2. Appellant diligently scrutinized the enormous record of that case and caused
three different official dockets of Case #1997-40590 -ALL WRITTEN BY JUDGE
DAVIDSON STARTING ON THE CASE FILING DATE OF AUGUST 4J997-NONE OF
WHICH INCLUDES ROOF HE SIGNED THE ORDER OR INITIALED THE DOCKET .
3. Appellant also caused to be filed here todate also four different certified
printouts of "Activity" screen ]JIMS"ACT-50"] and "Microfilmed Orders"screen
]JIMS "MFL2010"] which evidence entry of such temporary injunction in the minutes.
4. Appellee's attormeys also defrauded judge Miller-who did not bother to review
Case #97-40590 massive records (over 1,100 documents detailed in 58 pages on file into
the erroneous belief that Davidson has fully disposed of that case before Miller took over
5. 2-25-15 Appellant causes original appendix and 3 supplements exceeding 136
case records and original and two supplemental clerk records (over 1360 pages to be filed)
6. Appellant is facing repeated waves of saturation attacks by Appellee's
attorneys- who succeded in defrauding hostile judge Randy Wilson (Justice Christopher's
superior at Susman &Godfrey,a TX lawfirm- which represented Appellee's co-conspirator
Linebarger,Goggan, Blair & Sampson LLP -which remained an active voluntary party in
another baseless suit filed by same Dosohs I,Ltd. as a late bill of review in Wilson's court
under Case #12-07323/157, after it failed to obtain summary judgment in Case 2011-
53721/125th (appeal #14-14-00450-cv dismissed by this for lack of appellate jurisdiction
after joint clerk of 11th JDC and 125th jdc Melissa Torres tampered in the case records and
misfiled and mislabeled key documents in this case so to benefit Appellee's attoreys.
7. Appellant will respectfully supplement thius response by Friday,after he timely
moved judge Wilson to reinstate Case #2012-07323 and will prove every statement made
here,adding thereto details of other synchroneosu attacks by HCAD and other "aiders".
8. THE CURRENT IMAGED REC0RDS.D0NE IN JUNE 2009 HAS MAJOR DEFICIENCIES.AND
DOES NOT INCLUDE KEY RECORDS.-EG EXHINITS TO TWO MOTIONS OF DOV TO RECUSE MARK
DAVIDSON. COPIES OF FLAPS OF FILE JACKETS PROVING FILING* LACK OF FINAI JUDGMENTS
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No. 97-40590 y
CHOICE CAR WASH, INC., § IN THE DISTRICT COURT «£#. C\
AND BUSINESS OWNERSHIP AND § vfrj$> % Q
LIABILITIES TAKEOVER § %<££ ^ . ..
CORPORATION § <£>P% * ^=H V£
VS. § 11TH JUDICIAL DISTRICT v^jvft %. Cs<\ &*
DOSOHS I, LTD. § HARRIS COUNTY, TEXAS O *
DOSOHS I. LTD.'S AMENDED COUNTERCLAIM AND \
PETITION FOR DECLARATORY RELIEF t '.ww«*».
Mllrffrn
TO THE HONORABLE JUDGE OF SAID COURT: VERIFIED^^
Dosohs I, Ltd., ("Dosohs") Defendant, complains of the Plaintiffs, Choice Car Wash,
Inc. ("Choice"), Business Ownership and Liabilities Takeover Corporation ("BOLT") and
Dov Avni Kaminetzky ("Kaminetzky") and would show the court the following:
I.
PARTIES
1.1 The Plaintiffs,Choice, BOLT,Kaminetzky and Samantha instituted this action
against Dosohs, the owner of the property pursuant to a foreclosure sale and allegedly
owned by the Plaintiffs, immediately prior to the foreclosure sale.
Z REQUEST FOR DECLARATORY RELIEF
£ 2.1 Dosohs requests that the court declare the rights of ownership and title of
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J Dosohsin the property morespecifically describedin the attached exhibit "A" and pursuant
s to the Substitute Trustees Deed conveying title of this property to Dosohs on or about
5 September2,1997, and pursuant to the Deed ofTrust dated July 26, 1984and recorded
I in the Deed Records of Harris County, Texas. RECORDER'S MEMORANDUM
± This instrument is of poor quality
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a at the time of imaging
«ald §J»«1'«i00->
207 See lll^f THE MAP BECOBDS of Harris County. Texaaj being
2!re JSkcularly desSibed by metes and bounds a. follows, . .#
BEGINNING
said pointat the Northeast
being corner ^J^£S!PS^li
on the Southerly right-of-way iane.-or
said Vest Bellfort Blvd. |
thehce's 02# 35» 23" Ej along the Eastern boundary line of
salflserve *!•. a"*~<£< f ^ ^
THENCE S 87- 30' 24" W; along the Southern boundary line
^JrS^"JSS&& nereJu Sesc^oe/tlact,
i wayline of said West Bellfort Blvd.;
' Tnrnnr w 87* 30* 24" E* along the said Southerly right-
ofway line of said We«"elffort Blvd...a distance of
145?00 feet to the POINT OF BEGINNING! containing
0.99862 acres of land.
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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 March 5. 2015
Certified Document Number: 42770195 Total Pages: 1
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
MUNN& FLUME
AN ASSOCIATION OF PROFESSIONAL CORPORATIONS*
ATTORNEYS AT LAW
One Oak Park
1020 N.E. Loop 410, Suite 200
San Antonio. Texas 78209-1218
(210) 828-5641 Fax (210) 821-6069
O'Neal Munn, P.C. Michael Flume, P.C.
O'Neal Munn
March 23,2000 Michael Flume
Keith P. Miller Celinda Baez Guerra
1 L F v\
Todd E. Hotz
F CHARLES
a£- LBACARBSeIJ
District '^-t-rt
Eric D. Sherer. P.C. Stanley C. Allen - Of Counsel
VIA AIR BILL NO.800355028981
Honorable Mark Davidson MAR 2 4 2000
11* Judicial District
301 Fannin Street, Room 212 By.
Harris Cbumy, Texas £-2^00
Houston, Texas 77002 Deputy
Re: Cause No. 97-40590
Choice Car Wash. Inc.. et al v. Dosohs I. Ltd.
Dear Mr. Bacarisse:
Enclosed please the original and one copy of the following documents:
1. Dosohs I, Ltd.'s Motion for Protective Order on the Notice of Deposition of
Matt Molak;
2. Defendant's Second Amended Original Answer; and
3. Dosohs I, Ltd.'s Second Amended Counterclaim and Petition for Declaratory
Relief.
Please file the originals with the court and return file stamped copies to our office
in the enclosed self-addressed, stamped envelope.
Also, please note that the Motion for Protective Order on the Notice of Deposition
60
of Matt Molak has been scheduled for Thursday, March 30, 2000 at 8:00 a.m. in the 11th
a
Judicial District, Harris County, Texas.
Should you have any questions concerning the above, please contact me.
^
§ ^
VS. Harris Cymy. iffpH JUDICIAL DISTRICT
By ~§ Deputy
DOSOHS I, LTD. § HARRIS COUNTY, TEXAS
DEFENDANTS SECOND AMENDED ORIGINAL ANSWER
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES DOSOHS I, LTD. ("Dosohs"). Defendant in the above styled and
numbered cause, and files this Defendant's Second Amended Original Answer to Plaintiffs
Original Petition filed herein on December 14, 1998, and in support thereof would
respectfully show the court as follows:
I.
GENERAL DENIAL
1.1 Dosohs denies generally each and every, all and singular, the allegations
contained in Plaintiffs' Original Petition filed herein and states that this Defendant will
require strict proof thereof.
AFFIRMATIVE DEFENSES
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60 II.
RES JUDICATA
COLLATERAL ESTOPPEL
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2.1 Plaintiffs' claims are barred by res judicata and/or collateral estoppel. More
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specifically. Dosohs alleges that on September 26, 1996, Dosohs instituted a lawsuit
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Respectfully submitted,
MUNN & FLUME
One Oak Park, Suite 200
1020 N.E. Loop 410
San Antonio, Texas 78209-1218
(210)828-5641
(210) 821-6069 Facsimile
MICHAEL FLUF
State Bar No. on 88480
CELINDA BAEZ GUERRA
State Bar No. 01505000
ATTORNEYS FOR DOSOHS I, LTD.
CERTIFICATE OF SERVICE
Ido hereby certify on this ffiSn day of March, 2000 that a true and correct copy of
the foregoing document has been delivered via facsimile and/or federal express to the
following:
VIA FACSIMILE NO. (713) 782-0909
AND/OR AIR BILL NO. 800355028960
Michael C. Whalen
2901 Wilcrest, Suite 155
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Houston, Texas 77042
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CO
VIA FACSIMILE NO. (713) 270-5505
AND/OR AIR BILL NO. 800355028970
r- Dov Avni Kaminetzky
1609 S. Kirkwood, Suite A
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iv0*?^62 *5re*J°£Reserve
the Unrestricted land °HcJof **•* Ol53
"A", Block acres
1 of the of ladPlaceSub*
Bellfort known as
division, out of the Henry H. Cone Survey. A-191: said Reserve "A
i«S8 1Sc«ed.*S\ehS Southeast corner of Vest Bellfort Blvd, (80•
ROW) and RicevilleSchool Road (60* ROW), as recorded in Voiuie
207. Page 121 of THE HAP RECORDS of Harris County. Texaa: beinjt
acre particularly described by metes^n?bounds as foUowa, • . •
BEGINNING at the Northeast comer of said Reserve MA"»
said point being on the Southerly right-of-vay line-of
said Vest Bellfort Blvd.; .
THENCE S 02* 35* 23" E; along the Eastern boundary line of
said Reserve "A*, a distance of 500.00 feet for a corner;
being the Southeast corner of the herein described tract;
also being Southeast corner of the said Reserve "A";
THENCE S 87" 30' 24" V; along the Southern boundary line
of said Reserve "A".a distance* of 145.00 feet for a' corner}
being the Southwest corner of the herein described tract;
THENCE"N 02* 35* 23** V; a distance of 300.00 feet for
5
a corner; said point being on the Southerly right-of-
J way line of said Vest Bellfort Blvd.;
THENCE N 87* 30' 24" E; along the said Southerly right-
5 of-way line of said Vest Bellfort Blvd... a distance of
s 145.00 feet to the POINT OF BEGINNING; containing
0.99862 acres of land.
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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 March 5. 2015
Certified Document Number: 42777146 Total Pages: 1
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
COPY
No. 97-40590
CHOICE CAR WASH, INC., • IN THE DISTRICT COURT
AND BUSINESS OWNERSHIP AND * . ^tn
LIABILITIES TAKEOVER « i f E T %7M'UU
CORPORATION 1? charle?bacarissb JL* \/
o 2.2 Dosohs would show the Court that this notice was submitted by Dov Avni
Kaminetzky a Plaintiff in this case. Kaminetzky has previously deposed Matt Molak, the
i Designated Representative of Dosohs I, Ltd., on three occasions as follows:
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2.7 Dosohs therefore requests that the court enter a protective order and quash
the deposition notice for Matt Molak scheduled for March 27,2000, and for such other and
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further relief to which Dosohs shows itself rightfully entitled.
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WHEREFORE, PREMISES CONSIDERED, Dosohs requests a Protective Order be
entered to prohibit the Deposition of Matt N. Molak and for such other and further relief to
which Dosohs may be rightfully entitled.
Respectfully submitted,
MUNN & FLUME
One Oak Park, Suite 200
1020 N.E. Loop 410
San Antonio, Texas 78209
(210)828-5641
(210) 821-6069 Facsimile
MICHAEL FLUME
State Bar No. 0718848
CELINDA BAEZ GUERRA
State Bar No. 01505000
ATTORNEYS FOR DOSOHS I, LTD.
NOTICE OF HEARING
It is hereby ORDERED by the Court that a hearing be held on the foregoing Motion
for Protective Order on the 30th day of March, 2000, at 8:00 a.m., in the 11th Judicial
District, Harris County, Houston, Texas.
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HONORABLE MARK DAVIDSON
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