on 3/17/2015 12:21 :19 PM
OFFICE OF STAN STANART FILED IN
COUNTY CLERK, HARRIS COUNTY, TEXAS 1st COURT OF APPEALS
CIVIL COURTS DEPARTMENT HOUSTON, TEXAS
3/17/2015 12:31:33 PM
March 17, 2015
CHRISTOPHER A. PRINE
Clerk
Court of Appeals
301 Fannin
Houston, Texas 77002LETTER
OF ASSIGNMENT
Trial Court Docket Number: 1029597
Trial Court Number: Three (3)
Style:
THE DISCOVERY GROUP, VS. RICHARD KAMMEN, INDIVIDUALLY AND
D/B/A CORPORATE HOUSING DBA RICHARD KAMMEN & ASSOCIATES
APPELLANT(S) APPELLEE(S)
Judge: LINDA STOREY
Appellant(s) Attorney: Appellee(s) Attorney:
Steven D. Poock, N o. 00794473 A. Munzo, N o. 24071782
POBox984 4950BissonnetStreet
Land, Texas 77487 Bellaire, Texas 77401
Phone: (281) 277-7678 Phone: (713) 523-0400
Fax: (281) 277-7679 Fax: (713) 523-0408
E-Mail: spook@juno.com E-Mail: N/A
The Group, Incorporated, appellant, filed a Notice of Appeal on March 16, 2015 from the Final that
was on March 5, 2015.
The Clerk’s Record is due to your office on or before 4, 2015.
/S/Joshua Alegria
Alegria
Deputy Clerk
P.O. Box 1525
Houston, TX 77251-1525
(713) 755-64211>.o.
1525 I TX 77251-1525 I (713) 755-6421
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FILED
3/16/20151:09:34PM
Stan Stanart
County
1029597
THE DISCOVERY GROUP, § IN THE COUNTY CIVIL
INCORPORATED d/b/a PREFERRED §
CORPORATE HOUSING §
§ COURT AT LAW NO. THREE
RICHARD KAMMEN, INDIVIDUALLY §
and dba RICHARD KAMMEN § OF HARRIS COUNTY,TEXAS
ASSOCIATES
NOTICE OF APPEAL
1. The Discovery Group, Incorporated d/b/a Preferred Corporate Housing appeals
the .Iudgment” in the above-referencedcase signedby CountyCivil at Law
No. 3 on March 5, 2015.
2. PlaintiffThe DiscoveryGroup,Incorporatedd/b/a PreferredCorporateHousingappeals
the "0rder an Objections " signed by County Civil Court at Law No. 3 and dated March
5, 2015.
3. Plaintiff appeals to the First or Court of Appeals.
Submitted,
Steven D. Poock
P.O. Box 984
Sugar Land, TX 77487
Tel: (281) 277-7678
Fax: (281) 277-7679
State BarNo. 00794473
spoock@juno.comCOUNSEL
FOR PLAINTIFF
CERTIFICATE OF SERVICE
I herebycertifythat the foregoingNotice of Appealhas been forwardedto each attomey of
record in accordance with Texas Rule of Civil Procedure 21a, on the day of March, 2015.
StevenPoock
2
No.1029597
THE DISCOVERY GROUP, § IN THE COUNTY CIVIL COURT
INCORPORATEDd/b/aPREFERRED §
HOUSING
vs.
RICHARD and d/b/a §
§ AT LAW NUMBER THREE (3)
RICHARD KAMMEN & ASSOCIATES OF HARRIS COUNTY, TEXAS
FINAL
JUDGMENT
BE IT REMEMBERED, on the day of 2014, came on to be heard
,
Defendant’sFirstAmendedMotion for Judgmentin the above-styled and-numbered cause
came the Defendant by and through his attorney of and announced ready and came the
Plaintiff by and through its attorney of record, and announced ready. The Court considering
the pleadings, and arguments of counsel finds that there is no genuine issue as to any
fact and the Defendant is entitled to judgment as a matter of law.
It is therefore ORDERED, ADJUDGED and DECREED that the Defendant’ s First Amended
Motion for Summary Judgment be and the same is in all things granted.
It is further ORDERED, ADJUDGED and DECREED that the THE DISCOVERY
GROUP, INCORPORATEDd/b/ a PREFERRED CORPORATEHOUSING take nothingby its suit
against Defendant RICHARDKAMMEN because the statute of limitations to said claimhas run and
that Defendant RICHARD KAMMEN recover his reasonable attorney’s fees in the amount of
$10,500.00for the prosecutionof this case through this summaryjudgment
’| |llcostsincurred
.- · ·- ·- : ·
herein together with interest on said judgment at the rate of (5%) percent per annum from the
date hereof until paid, for all of which let execution issue.
· -
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Allrelief not expresslygrantedherein is
day
JUDGE
APPROVED
TO
AS FORM
AND
SUBSTANCE:
McCORMICK, LANZA & McNEEL, LLP
ANDREW P. McCORMICK
BarNo. 13457100
LAURIE A. MUNOZ
State Bar No. 24071782
4950Bissonnet
Street
Bellaire,Texas77401
523-0400/(713)523-0408- Fax
ATTORNEYS
FORDEFENDANTCERTIFICATE
OF SERVICE
I hereby certify that a true and correct copy of the above foregoing Final Judgment has
been served on Steven D. Poock, Attorney at Law, P. O. Box 984, Sugar Land, TX 77487, by
facsimile day of
,
ANDREW P. McCORMICK
of this
0 be
the
: .
4
Cause
THE DISCOVERY GROUP, § IN THE COUNTY CIVILCOURT
INCORPORATEDd/b/a PREFERRED §
CORPORATEHOUSING §
§ AT LAW NUMBER THREE (3)
vs. §
RICHARD individually and d/b/a §
RICHARD OFHARRIS TEXAS
ORDERON OBJECTIONS
After considering DefendantKammen’ objections to the P1aintiff’s Response to Def`endant’s
Amended Motion for Judgment, the the the affidavits, and other
evidence on file, the Court
S the objectionand strikesthe documentsmarked Exhibits l-A, 1-B,1-C,
and l-D attachedto s Response to Defendant’sAmended Motion for SummaryJudgment as
not being properly authenticatedand inadmissiblehearsay.
SUSTAINS the objection and the Section Nos.
contains in the of Megan Margetusakis attached to Plaintiff"s Response to Defendant’s
Amended Motion for Judgment.
SIGNED on
JUDGEPRESIDING
•
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