ACCEPTED
FILED 13-13-00411-CV
THIRTEENTH COURT OF APPEALS
IN THE 13TH COURT OF APPEALS CORPUS CHRISTI, TEXAS
CORPUS CHRISTI 12/23/2015 12:43:34 PM
Dorian E. Ramirez
12/28/15 CLERK
DORIAN E. RAMIREZ, CLERK
NO. 13-13-00411-CV
BY DTELLO
RECEIVED IN
13th COURT OF APPEALS
CORPUS CHRISTI/EDINBURG, TEXAS
IN THE COURT OF APPEALS FOR
12/28/2015 8:00:00 AM
THE THIRTEENT DISTRICT OF TEXAS
DORIAN E. RAMIREZ
CORPUS CHRISTI - EDINBURG Clerk
KBRealtron Managment
Appellant,
v.
STEPHANIE DELEON
Appellee.
APPELLANT'S MOTION FOR REHEARING EN BANC
Appellant asserts that the Court erred in denying remedy to Appellant who
originally filed suit to obtain relief from a tenant who signed a lease and did not
pay any compensation, which amounts to breach of contract
1. It is clear from the record that Appellant filed suit for payment of $1 0,000+
which Appellee owned under the terms of a signed lease with Appellant.
2. The record reflects, and it is clear from the record, that Appellee never paid
any rent while living in the leased property.
3. The record shows that only the actions of the judge kept Appellant from
receiving judgment in the case.
KBRealtron's Motion for Rehearing En Bane Page 1
4. Appellant asserts:
1) The trial judge clearly committed abuse of discretion at the trial.
2) After· receiving evidence of a) the lease 1 which Ms. Deleon testified she
signed, and b) the testimony that she had never paid a dime while living in the
property, the court had a duty to confer the remedy of judgment against Ms.
Deleon in favor of Appellant.
3) The law in a breach of contract case is fairly clear: there was a
contract, the contract was breached. Those were the facts before the trial court and
the facts on appeal. The record was cited in order for the appeals court to obtain
evidence of a breach of contract.
4) The trial court did not analyze or apply the law coiTectly and thus, an
abuse of discretion occurred. Walker v. Packer, 827 S.W.2d 833 (Tex. 1992).
5) The lease met all the criteria of a contract, i.e., there was an offer, the
lease contained clear and definite terms, the offer was communicated to the
offeree, there was acceptance, the offeree accepted the contract in its entirety and
signed the lease, there was mutual assent, the lease contained terms, the lease
contained a time for performance, the lease was signed and returned to Appellant,
which constitutes delivery, and consideration was listed.
1
RR Vol.3 Exhibit 1
KBRealtron's Motion for Rehearing En Bane Page 2
6) Appellee immediately breached the contract by not complying with
the terms of consideration.
7) There was no question in the case that was presented at trial that
Appellee was in breach of contract and Appellant was entitled to a judgment.
Appellant asks that the en bane Court reexamine the request for relief in the
form of a money judgment which was presented to the County Court, and which
ignored the facts and the law.
FOR THESE REASONS, Appellant KBRealtron asks the en bane Coutt to
render its opinion in favor of Appellant, declare Stephanie Deleon to have been in
breach of contract and issue a judgment against Stephanie Deleon in the amount of
$10,055.42.
Austin, Texas 78750
(512) 825-0331
KBRealtron 's Motion for Rehearing En Bane Page 3
CERTIFICATE OF SERVICE
I, the undersigned certify that a true and cmTect copy of Appellant's Motion
for Rehearing En Bane was sent by U. S. Postal service on December 21, 2015 to:
Stephanie DeLeon
41 08 Kilgore Lane
Austin, Texas 78727
I, the undersigned, hereby certify that this motion contains 55 1 words in 14
point New Times Roman font.
KBRealtron's Motion for Rehearing En Bane Page 4