ACCEPTED
03-15-00464-CV
7089903
THIRD COURT OF APPEALS
AUSTIN, TEXAS
September 28, 2015 9/24/2015 4:21:53 PM
JEFFREY D. KYLE
CLERK
NO. 03-15-00464-CV
RECEIVED IN
3rd COURT OF APPEALS
IN THE COURT OF APPEALS AUSTIN, TEXAS
9/24/2015 4:21:53 PM
FOR THE JEFFREY D. KYLE
Clerk
THIRD SUPREME JUDICIAL DISTRICT
AT AUSTIN, TEXAS
VICTORY CHEVAL HOLDINGS, LLC, GARRETT JENNINGS
AND CASTLE CROWN MANAGEMENT, LLC,
Appellants
v.
DENNIS ANTOLIK, VICTOR ANTOLIK
and CHEVAL MANOR, INC.,
Appellees
APPELLANTS' FIRST AMENDED MOTION FOR CONTEMPT
AND REFERRAL TO TRIAL COURT
TO THE HONORABLE COURT OF APPEALS:
Pursuant to T.R.A.P. 29.4, Appellants, Victory Cheval Holdings, LLC, Garrett
Jennings, and Castle Crown Management, LLC move the Court to find Appellees,
Victor Antolik, Dennis Antolik, and Cheval Manor, Inc., in contempt of the agreed
portion of the Temporary Injunction now on interlocutory appeal before this Court as
follows:
1. Subsection B of the Temporary Injunction sets forth agreed injunctive
relief that the parties agreed to in open Court and the Court ordered enforced.
Subsection B6 provides as follows:
"Dennis Antolik, Victor Antolik, and Cheval Manor, Inc. shall keep all
of the thirteen (13) horses that may be owned by them or business
entities owned by them, or under their control, restrained behind a gated
and secured fence...."
2. Appellants have failed to keep the horses restrained behind a gated and
secured fence. Failure to keep the horses restrained behind a gated and secured fence
was the cause of prior damage to the polo field and injury to persons on the property.
It was probably the primary reason for the Court entering a temporary injunction.
3. This Court, by order dated September 10, 2015, has previously ordered
Appellees' Motion for Contempt against Appellants referred to the trial court, The
Honorable Karin Crump, for an evidentiary hearing pursuant to T.R.A.P. 29.4(a).
Judge Crump has scheduled that hearing for 9:00 a.m. on September 30, 2015.
Appellants respectfully request that the Court enter its order referring this Motion for
Contempt for evidentiary hearing at the same time before Judge Crump.
WHEREFORE, Appellants respectfully pray that the Court enter its order
referring this matter to Judge Crump for an evidentiary hearing pursuant to T.R.A.P.
29.4(a), and for general relief.
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Respectfully submitted,
/s/ Kemp Gorthey
Kemp W. Gorthey
State Bar No. 08221275
Kendall L. Bryant
State Bar No. 24058660
THE GORTHEY LAW FIRM
604 West 12th Street
Austin, Texas 78701
Tele: 512/236-8007
Fax: 512/479-6417
Email: kemp@gortheylaw.com
Email: kendall@gortheylaw.com
ATTORNEY FOR APPELLANTS,
GARRETT JENNINGS and
CASTLE CROWN PROPERTIES
MANAGEMENT, LLC
and
/s/ Peyton Smith
PEYTON N. SMITH
Attorney in Charge
State Bar No. 18664350
Brian L. King
State Bar No. 24055776
REED & SCARDINO LLP
301 Congress Avenue, Suite 1250
Austin, Texas 78701
Tel: 512/474-2449
Fax: 512/474-2622
psmith@reedscardino.com
ATTORNEY FOR APPELLANT,
VICTORY CHEVAL HOLDINGS,
LLC
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CERTIFICATE OF CONFERENCE
On September 24, 2015, I received an email from counsel for Dennis
Antolik stating the Appellees agree to Appellants’ request to refer Appellants’
Motion for Contempt to Judge Karin Crump of the 250th Civil District Court of
Travis County, Texas for hearing at the same time as the Apellees’ motion set for
September 30, 2015.
/s/ Kendall L. Bryant
Kendall L. Bryant
CERTIFICATE OF SERVICE
By my signature above, I hereby certify that a true and correct copy of the
foregoing Appellants' Motion for Contempt and for Referral to Trial Court has been
forwarded to Appellees' attorneys on this 24th day of September, 2015, as follows:
Mark Taylor Via Email: MarkT@hts-law.com
Taube Summers Harrison
Taylor Meinzer Brown LLP
100 Congress Avenue, Suite 1800
Austin, Texas 78701
Donald R. Taylor Via Email: dtaylor@taylordunham.com
Isabelle M. Antongiorgi Via Email: ima@taylordunham.com
Taylor, Dunham & Rodriguez, LLP
301 Congress Avenue, Suite 1050
Austin, Texas 78701
Jack P. Bacon Via Email: hotbacon@me.com
3839 Bee Caves Road, Suite 100
Austin, Texas 78746
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Victory Cheval Holdings, LLC Garrett Jennings And Castle Crown Management, LLC v. Dennis Antolik Victor Antolik And Cheval Manor, Inc. D/B/A Austin Polo Club
Combined Opinion