ACCEPTED
04-15-00575-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
9/15/2015 1:30:00 PM
04-15-00575-CV KEITH HOTTLE
CLERK
No. 29842
FILED IN
Knighthawk, LLC, Series G § In the District4thCourt
COURTof
OF APPEALS
Plaintiff § SAN ANTONIO, TEXAS
09/15/2015 1:30:00 PM
§
KEITH E. HOTTLE
§ Clerk
v. § Val Verde County, Texas
§
§
B & P Development, LLC and §
Chad H. Foster, Jr. §
Defendants § 83rd Judicial District
Notice of Appeal
TO THE HONORABLE JUDGE OF SAID COURT:
Come Now, B & P Development, LLC and Chad H. Foster, Jr., who are
defendants in this case files this Notice of Appeal. In accordance with Rule 25, Tex.
R. App. P., Defendants shows as follows:
1. This Court signed a Judgment in this case on May 1, 2015. Post-judgment
motions, including a Motion for New Trial, were filed by the Defendants,
and the Court modified its judgment signed on May 1, 2015, and signed a
new judgment on June 25, 2015. A copy of the Amended Judgment is
attached as Exhibit A.
2. Defendants filed a Motion for New Trial on July 17, 2015.
3. Defendants filed a Motion for Judgment Notwithstanding the Verdict on
July 17, 2015.
Notice of Appeal – Page 1
4. Defendant desires to appeal this case to the 4th Court of Appeals at San
Antonio, Texas.
Respectfully submitted,
/s/ Greg White
Greg White
State Bar No. 21329050
P.O. Box 2186
Waco, Texas 76703
254.307.0097 (voice)
866.521.5569 (fax)
greg.white@texapplaw.com
Attorneys for Defendants
Notice of Appeal – Page 2
Certificate of Service
I hereby certify that a true and correct copy of the foregoing was sent to the
person(s) named below, by electronic filing and mailing the document by first
class mail (and by other means stated below) on September 15, 2015.
Via e-mail: bspindler@langleybanack.com
Bruce K. Spindler
Langley & Banack, Inc.
401 Quarry Street
Eagle Pass, Texas 78852-4520
Via e-mail: Dearl@earl-law.com
David L. Earl
Earl & Associates, PC
601 NW Loop 410, Suite 390
San Antonio, Texas 78216
Via e-mail: ggaines@patelgaines.com
Grant M. Gaines
Patel Gaines, LLP
14414 Blanco Road, Suite 320
San Antonio, Texas 78216
/s/ Greg White
Greg White
Notice of Appeal – Page 3
Exhibit A
Notice of Appeal – Page 4
29842
KNIGHTHAWK,LLC,SERIES G, IN THE DISTRICT COURT OF
PLAINTIFF
VS. 83RD JUDICIAL DISTRICT
B&P DEVELOPMENT,LLC AND
CHAD H.FOSTER,JR.,
DEFENDANTS VAL VERDE COUNTY,TEXAS
FINAL JUDGMENT
On the 20th day of January, 2015, the Court called this case for trial. Plaintiff/Counter-
Defendant Knighthawk, LLC, Series G ("Knighthawk") appeared in person by and through its
authorized corporate representative and through its attorneys. Defendants/Counter-Plaintiffs
B&P Development, LLC ("B&P") and Chad H. Foster, Jr. ("Foster") (collectively
"Defendants") appeared in person and by and through its authorized corporate representatives
and through their attorneys. The parties both announced ready for trial. The Court determined
that it had jurisdiction over the subject matter and the parties to this proceeding. The Court then
impaneled and swore in the jury, which heard the evidence and arguments of counsel.
Following the close of evidence and the arguments of counsel, the Court submitted
questions, definitions, and instructions to the jury in the Charge of the Court. In response, the
jury returned a verdict that the Court received, filed, and entered as the verdict. A true and
correct copy ofthe Verdict is attached hereto as Exhibit A (the "Jury Verdict").
The Court, having reviewed the Jury Verdict, hereby has resolved to RENDER and ENTER
this Final Judgment. It is therefore
ORDERED, ADJUDGED, DECREED and DECLARED that the Deed, legal description and
survey, attached hereto as Exhibit B ("Martinez Survey"), sets forth and describes the true and
FINAL JUDGMENT
PAGE 1 OF 4
correct location of the boundary line between the Plaintiff's real property reflected by the tract
described in the Deed recorded in Volume 263, Page 37, Deed Records, Val Verde County,
Texas("Knighthawk Property") and B&P's real property reflected by the tract described in the
Deed Recorded in Volume 182, Page 107, Deed Records, Val Verde County, Texas ("B&P
Property"), and B&P's has no right, title, lien, estate, or interest in or to the real property
contained within the Martinez Survey, save and except however, any current encroachments on
the Knighthawk Property as constructed by B&P are permissive encroachments and shall remain
in place until such time as they are removed or the parties-in-interest thereto agree otherwise,
and any subsequent owners of the Knighthawk tract shall take title in that tract subject to the
same. It is further
ORDERED, ADJUDGED and DECREED that Knighthawk is awarded Judgment against B&P
for damages in the amount of $120,000 for B&P's improper use and occupancy of the
Knighthawk Property in the past. It is further
ORDERED, ADJUDGED and DECREED that Knighthawk is awarded Judgment against B&P
for damages in the amount $130,000.00 for B&P's improper use and occupancy of the
Knighthawk Property in the future.
It is further ORDERED, ADJUDGED and DECREED that Knighthawk take nothing on its
claims asserted against Foster, and Defendants' take nothing on their counterclaims against
Knighthawk. It is further
ORDERED, ADJUDGED and DECREED that Knighthawk is awarded pre-judgment interest
in the amount of $17,789.97, calculated at the rate of 5% per annum, to be compounded
annually, on the actual damages awarded by the jury in the amount of $120,000.00 from June 18,
2012,through and including April 11, 2015. It is further
FINAL JUDGMENT
PAGE 2 OF 4
ORDERED, ADJUDGED and DECREED that Knighthawk is awarded post-judgment interest
at the rate of 5% per annum, on all amounts awarded to Knighthawk in this Judgment until paid
in full. It is further
ORDERED, ADJUDGED and DECREED that Knighthawk is awarded Judgment against B&P
for its reasonable and necessary attorneys' fees and expenses in the amount of $90,000.00. It is
further
ORDERED, ADJUDGED AND DECREED that Knighthawk is awarded postjudgment
attorney's fees in the amounts and under the circumstances as follows:
(a) $7,500.00 if Defendants file a restricted appeal; that is unsuccessful;
(b) $7,500.00 for each petition for writ of mandamus that Defendants may
file that is denied or dismissed;
(c) $15,000.00 if Defendants file a notice of appeal; that is unsuccessful;
(d) $15,000.00 if Defendants file a petition for review, and such petition is not
granted; and
(e) $15,000.00 if Defendants file a petition for review that is granted, but the
Judgment ofthe Court of Appeals is not reversed.
It is further
ORDERED, ADJUDGED AND DECREED that Plaintiff shall have all writs of execution and
other process necessary to enforce this judgment, and it is ORDERED that a return is to be made
of the writ showing how it was executed. It is further
ORDERED, ADJUDGED and DECREED that all costs of court are hereby taxed against
Defendant, B&P Development, LLC.
) s re IF
,4 c 4.v =p
i A 4K,J
J
a •,••
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NA/\ et THIS JUDGMENT DISPOSES OF ALL ISSUES AND ALL PARTIES. ALL
6r
RELIEF NOT GRANTED HEREIN IS DENIED. THIS IS, IN ALL THINGS, A FINAL
AND APPEALABLE JUDGMENT. 6\9
FINAL JUDGMENT
PAGE 3 OF 4
Signed this 2-5- day of June, 2015.
Honorable Judge Stephen B. Ables
APPROVED AS TO FORM ONLY;
NOT APPROVED BY DEFENDANTS
AS TO SUBSTANCE:
By: By:
,
GRANT GAINES BRUCE K. SPINDLER
Texas State ar No. 24074241 State Bar No. 18947050
ggaines@patelgaines.com MICHAEL C. BOYLE
RAHUL B. PATEL State Bar No. 0297600
Texas State Bar No. 24072274 CATRINA PURCELL LONGORIA
rpatel@patelgaines.com State Bar No. 24047179
PATEL GAINES,PLLC LANGLEY & BANACK,INC.
14414 Blanco Road, Suite 320 401 Quarry Street
San Antonio, TX 78216 Eagle Pass, TX 78852
(210)460-7787 Telephone (830)773-6700 Telephone
(210)460-7797 Facsimile (830)757-4045 Facsimile
DAVID L. EARL ATTORNEYS FOR DEFENDANTS
Texas State Bar No. 06343030
dearl@earl-law.com
EARL & ASSOCIATES,P.C.
601 NW Loop 410, Suite 390
San Antonio, Texas 78216
(210)552-1500 Telephone
(210)222-9100 Facsimile
ATTORNEYS FOR PLAINTIFF
FINAL JUDGMENT
PAGE 4 OF 4
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EXHIBIT
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Kt.itii DISTRICT JUDGES PAGE 02/0G
N0,19847,
allarramvic,LLC,SERIES
... . .G. .. . . 1N THE DISTRICT COURT
)(
)( 83RD St1DICIAL.DISTRICT
)(
13 ScP DEVELOPMENT,TAX AND )(
C33AD FOSTERy JR- )( V.41,VERDE CODNIT,TEXAS
Ca 01A C
lvIBKBERS OF ME JURY:
This ease is submitted to you liy asking ClUd.3110113 about the Bleb!, which you must decide
from the evidence you have heard in this trial, You are the sole Judges ofthe credibility of the
iviclaesaes and the weight to be given their testimony, but in, matters oflaw,you.must be governed
by the instructions intbis Charge. In discharging your re3p04151birty on thisjust', you will observe
all the instructions which 'Ave previously been, given you. X shall now give you additional
IUSirUntiOX15 which you should carefully and stingy follow dating your delibevuions.
re)
1, Do not let bias,prejudice or sympathy play any pact in your deliberations.
co
2. In arriving ;it your answers, er:wider only te evidence introduced here under oath
0 73
and such exhibits, if any, as have been introduced for your consideration under the rulings of the >•
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Court,that is, whatyou have seen,and heard in this courtroom,togother with.the law as given you <
cf) 0
by the Court. layout deliberations, you will notconsider or discuss as that is notrepresented co
byte evidence la this case,
3. Shine every anavterthatla required by the Charge in Important,no juror should state —4
or consider that any required answer is notimportant.
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4, You must not decide whoIvothinkshould win,and then try to answerthe questions
accordingly. Shnply answerthe questions,and do not discuss nor concernYourseives-with the'effect
.. ofyour answdrs.•
5, You will rkot decide the answer to a question by lot or by drawing moms;or by any
other method ofohanoe„Do not return a quotient verdict. A.quotient-verdict ratans thatthejuxors
agree to abide by the resultto be reached by adding together eachjurot's figures and dividing by the.
number°flux=to getan average, Do not do any trading on your ansWers;that is,onejuror should.
not ;Igoe to answer v- certain, question one way if others will agree to answer mother stiegioa
another way.
6. You twastrenderyourverdiatupon Cho vote often or more members ofthejury. The
same ten or more ofyou must agreeupon all ofthe answers madcand to the entire verdict. Yoinvin
not, therefore, enter into an agreement to be bound by a -majority or any other vote ofless than ten
ittrorS, If the verdict and all of the answers therein are reseheri by unanimous agreement, the
presidingjuror shall sign the vordlotfor the entirejury. Ifanyjuror disagrees as to any answerros,dt
0
by the vu—dict,thosejurors who agreeto all fa:Wings shell each sign the verdict, a.
,
41
7, You are instaucted that youare tiotte eilove yourselvesto bcinfluenced tuay degree
whatsoever by whet you mightThink or surmise the opinion Ofthe Courtto be. The Contt has no 23
0
rightIV any word or act to indicate any opinion respecting any matter offactinvolved in this case,
nor to indicate any desire respecting its outcome. The Courthas notintended to express way opinion at 0
cr.)
upon any matter offact in, this case; and, if you have observed anything which you have or may
—.a
interpret as the Court's opInloaupon any matte];offsetin this case,you mustwholly disregard such,
EL It is your duty es ajuror to consult with your fellow jurors and to deliberate With a
VicW to reaching an agreement,ifyou can do so without violenceto individuetjudgment. You must
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ts11 Wit LC.1.1061 u7.4I 0.11.1I OLA.C74 Mr(rt UsIt111-1 J1JUUM Vf4.*.
decidethe esscfor yourself, butdoso only after an impartial censideration ofthe eyidencewithyour
fellovdmrs. In the course ofyour deliberation, do not hesitate to reexamine your views and to
..... ...... ....... . .
..........
.... ......ebtuage your opinion on any rriattaf If COtiViaced it is enonerms. However, do not surrender your
honestconyintions as to theweightofeffectofevidence solelybooause ofthe opinion ofyourfzilow
jurors,or far the mere purpose or returning lave-raid,
These instructions are given you because your conduct is subject to review the seine 45 that
of the Witteisms,Parties, attorneys arid the nudge. ifit should be found that you have disregarded
eny ofthese instructions,it will bejurynalscoadnetarid it may require another-1dpi by anotherjury;
then all of our dyne will have been wasted.
The presidingjutvc or any other who observes a violation of the Courts instructions shall
immediately warn the one who is violating the same and ett.utIon the juror motto do so again.
After you retire to thejury room, you will =lea your own presidingjuror.
It is the duty ofthe presiding Juror:
(1) to preside during your deliberations,
(2) to see that your deliberations are conducted in an orderly manner and in accordance
with the instructions ha this Charge,
(3) to write outand band to the balliffeny communications concerning the case that you
desire to have delivered to the judge,
(4) to vote on the questions,
(S) to write your answers to the questionsin tha spaces -provided, and
(e) to oar* to your verdict In the sprieeprovided for the presidingjurorti signature or
to obtain the signatures of all jurors who agree with the verdict if your verdict is less than
unanimous.
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Youshould not discusstheease with anyone,13JzteVenWith Other mernbors ofthOnly,unless
all ofyou are present and assembled in thejury room, Should anyone attemptto tall( to Y0118,1?91# ..... - • • • ...
..... ....
!theease before.the verdlotis returned,Viietlter
.,, at the courthouse,at yourhome,or elsewhere,please
'inform the Judge of this fact.
When words ON Used ill this Charge in,a.sense which varies from the meaning commonly ,
understood,yea are given a proper legal deftnitIon, which you are bound to accept In place deny
other meaning.
your an41.ver to all qu'estions must be based on a preponderance of hile*avidenee. The term
'preponderance of tile evidence' means the greater weight and degree of otectible testimony or
evidence introduce?,before you and admitted in thia case.
When you have answered allthequestions on are required to answer under the instructions
ofthe Judge and your presidingjuror has placed your answers in he spaces provided and signed the.
verdictis presiding-juror or obtained the signature,s,youwillinform the baillflatthe door ofthojury
roam,that you have reached a. verdict, and then you will return into court with your verdict,
(A)
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JAN 2 9 2015
JO AnN1CSRVANTES
ORIrt 9arkeVal Vcrda Co.
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Patel Gaines FAX No.210-460-7797 P. 013/034
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DEFINITIONS
1. "Defendants" refers to Chad It Foster, Sr. andE&P Development,LLC,
..... ............
2. "KnIghttiravIc-Prepen51" means the !Tact of land deitii-lbediti:theMartinervey
Su
and owned by PlaintiffXnighthawk,LLC,Series G.
3. ")3cfrY Develepntent Prepay)," means the property located at 615 E. Gibbs Street,
DeI Rio, Val Verde County, Texas, currently owned by Defendant B&P
Development,LLC,and described in the Rnthe Survey,
4. "Martinez Survey" means the property survey of the Knighthawk Property
performed by Abner Martinez and dated October 16,2007.
5. "TrentSurvey" refers to the survey by David Trent dated lanuary 20, 1966.
G. "Rothe Survey" tefets to the survey of the 13&P Development Property performed
by Charles Rothe and dated January 12,2012,
7. "Proximate cause" means that cause which,in a natural and continuous sequence,
produces an event, and without which cause such event would not have occurred.
In order to be a proximate cause, the act or omission complained of must be suoh
that person of ordinary care would have foreseen that the event, or Some similar
event, might reasonably result therefrom. There may be more than one proximate
cause ofan event.
AFT/29/2015/WED 11:05 AM Patel Gaines FAX No, 210-460-7797 P.014)034
QUESTION NO.
Following all applicable laws and rules or construction, which of the following two surveys
more accurately shows the location of the Boundary Line?
"Boundary Line" refers to the boundary line between the .nighthawk Property and. the 138413
Development Property as described in the 1966 David Trent Survey.
Plane an"X" next to one survey:
Martinez Survey:
Rothe Survey:
APP/29/2015/WED 11:05 AM Patel Gaines FAX 1o.210-460-7797 P. 015/034
If you. answered "X" to the "Martinez Survey," in Question 1 then answer
Question 7,if not go to Question
QUESTION NO. 7' 5
accoha
N till
What sum of money, if any, if (p id noW in cash, would fairly and reasonably compensate
Plaintifffor Defendants' use and ,if any, of the I(nighthawlt Property7
Do not include in your ausWer any amount that you find Plaintiff could have avoided by the
exercise ofreasonable care.
Answer separately in dollars and cents for damages,Ifany.
I. Damages sustained in the past.
Answer:$414,11012. Ori)
2. Damages that, in reasonable probability, will be sustained In the future.
Answer.$ .,2AOf&vs
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AFR/9/2015/WED 11:05 AM Patel Gaines FAX NO. 210-460-7797 P. 016/034
If you answered "X" to the "Rothe Survey" to Question 1 , then the following
Question is limited to the Plaintiff's property falling outside the Rothe Survey.
QUESTION tiO.
. ....... .. .
Did Defendants trespass on the Krilghthawk Property?
A "trespass" occurs when a person enters another person's land without consent, A trespass
occurs when one intentionally commits an act, or when one intentionally falls to act, when that
act or failure to act violates a property right, or would be practically certain to have that effects.
Defendants are liable for the actions of their employees that were performed within the scope of
their employment by Defendants, and Defendants ate also liable for the actions of their
independent contractors if Defendants retained control aver details oftheir work.
A person is not acting as en employee if he is acting as an. "independent contractor." An
independent contractor Is a person who,in pursuit of an Independent business, uodertalces to do
specific work for another person, using his own means and methods without submitting himself
to the control of such other persons with respect to the details of the work, and who represents
the will of such other persons only es to the result of his work and not as the means by which
accomplished.
"Intentionally" in this context refers an act or failure to act by one or both. Defendants. As long
as the act or failure to act is intentional, it is not necessary that either Defendant intended to•
commit trespass.
Answer"Yee or"No"for each of the following:
B & P DEVELOPMENT,LLC Answer: 6(2,..
CHAD H.POSTER, Sit. Answer: %,)0
Cpl
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APT/90015/WED 11:05 AM
If you answered "Yes" to Question 3 above for more than one of those named
below, then answer the following question. Otherwise do not answer the
following question.
QUESTION NO. ...........
For each Defendant that you found trespassed, write their percentages of
responsibility below.
Assign percentages of responsibility to only those you found =sod or contributed to
cause the trespass. The percentages you thici must total 10014 percent. The percentages must be
expressed in whole numbers. The percentage of responsibility attributable to any one is not
necessarily measured by the number of acts or omissions found. The percentage attributable to
any one need notbe the same percentage attributable to that one in answering another question.
For each person you found caused or contributtd to cause the trespass, find the
percentage of responsibility attributable to each.
13 & P DEVELOPMENT,LLC Answer: tOr) %
CHAD H_ FOSTER, JR- Answer: ,42Y-
TOTAL: 100%
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lf,you answered "Yes" to any of portion of Question , then answer Question
).
QUESTION NO.
. ........... . . ... . .
•
'Whitt amount of money, if paid now in cash, would fairly and reasonably compensate
Plaintifffor its injury or injuries, if any,proximately caused by Defendants' trespass?
Consider the elements of damages listed below and none other. Consider each element
separately. Do not award any stun of money on any element if you have otherwise, under some
other element, awarded a. sum of money for the same loss. That is, do not compensate twice for
the same loss, if any. Do not Include in your answer any amount that you find Plaintiff could
have avoided by the exercise of reasonable care. Do not include interest on any amount of
damages you find:
a. the costs ofrestoring the property, if any,to its prior condition.
Answers iit dutlars and cents for damages, Wetly
A.uswer:$
b. the impairment, Ifany, and inconvenience, ifany,caused to the Plaintiff; and
Answers in dollars and cents far damages, if any
Answer:$
o. Loss efincome,if any,from Plaintiffs land.
Answers la dollars and cents for damages,Ifany
Answer:$
APR/29/2015/WED 11:06 AM Patel Gaines FAX No. 210-460-7797 P. 019/034
If you answered "Yes" to Question 3 and $0.00 damages to Question 7,
then answer Question
QUESTION'NO. IP
What sum of money, if any, should Defendants pay to Plaintiff as nominal damages for
trespassing on the ICnigh th avirk Property2
If you find, after considering all the eVidence presented, that Defendants committed a trespass,
but Plaintiff suffered no injury as a result of the trespass, you may award Plaintiff "nominal
damages" as recognition that Plaintiff's rights have been violated.
You may also award nominal damages if, upon finding that some injury resulted from a given
unlawful aot, you find that you are unable to compute monetary damages except by engaging in
pure speculation and guessing.
You array not award both nominal and compensatory damages to Plaintiff; that is, either Plaintiff
was measurably injured, in which case you must award compensatory damages, or else Plaintiff
was not,in which case you may award nominal damages.
Answer in dollars and cents for each Defendant. Nominal damages may not be awarded for
more than a token sung.
B & P DEVELOPMENT,LLC Answer:$ 4,000 .
CHAD FOSTER,Ia. Answet7 $
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APR/290015/WED 11:06 AM Patel Gaines
QUESTION NO.7
Did Plaintiff publish the following statements? . . .
. ....
• "•"""*".. -"PUbliSh" means to intentionally or negligently communicate the matter to a person,
other than Chad H. Faster, Jr„ who Is capable of Understanding its meaning.
A. That Chad Foster, Jr, forged the signature of H. Doak Neal to the two November
17,2011 correction deeds?
Answer'Yes" or "No."
ANSWER: c->
5. That Chad H. Foster, Jr. stole land owned by the Plaintiff.
Answer'Yee or "No."
ANSWER:
C. That Chad H. Foster, Jr. falsiged and recorded general file numbers on the two
November 17,2011 correction deeds?
Answer "Yes" or "No."
ANSWER:
D. That Chad H. Foster, Jr, has stolen the land of other people from Del RIo.
Answer "Yes" or "No."
ANSWER:
t& 91asupoozmagua9.00cus
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vq.....1.m.....=.-PalatufanyfiftlagzzazzoNatl
if you answered "Yes" to any subpart of Question 1 ,, then answer the folloWing
question; otherwise, do not answer the following question.
QUESTION NO.
Was any statement to which you answered "Yes" in Question No.1
defamatory concerning Chad H.roster, Jr.?
"Defamatory" means an ordinary person would interpret the statement in a way
that tends to injure a living person's reputation and thereby expose the person to public
hatred, contempt, ridicule or financial injury, or impeaches the person's honesty,
integrity, virtue or reputation, or falsely charges a person with the commission of a'
crime.
In deciding whether a statement is defamatory, you must construe the statement
was a whole and in light of the surrounding circumstances based upon how a person of
ordinary Intelligence would perceive it,
Answer "Yes" or "No" as to each of the following statements to which you
answered "Yes" in Question No. Do not answer as to any of the following
statements to which you answered "No" in Question Non .
A. That Chad Foster, Jr. forged the signature of H. Doak Neal to the two November
17, 2011 correction deeds?
Answer "Yee or"No" co
ANSWER:,
S. That Chad H. Foster, Jr. stole land owned by the Plaintiff. a,
Answer'Yes" or'No"
r. ck,
ANSWER: 13a__
70
C. That Chad H. Foster, Jr. falsified and recorded general file numbers on the two O
November 17,2011 correction deeds?
Answer"Yes3r"No"
ANSWER: 1.e5 co
D. , That Chad H. Foster, Jr. has stolen the land of other people from Del Rio.
Answer "Yes" r "No"
ANSWER:
L & 1114612/0002/L0g01200.000WS 1 2
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FAX No. 210-460--7797 P. 022/034
APT/29/2015/WED 11:07 Ali Patel Gaines
If you answered "Yee' to any subpart of Question 6., then answer the following
question; otherwise, do not answer the following question.
• •....... ..... •
QUESTION
Were any ofthe following statements false at the time It was made as It related to
Chad H. Foster Jr.?
"False" means that a statement Is not literally true or not substantially true. A
statement Is not "substantially true" if, In the mind of the average person, the gist of the
statement Is more damaging to the person affected by it than a literally true statement
would have been.
Answer "Yes" or "No" as to ,ach of the following statements to which you
answered "Yes" in Question No. ,`A , bo not answer as to any of the following
statements to which you answered "No" in Question Na.%.,,
A. That Chad Foster, Jr. forged the signature of H. Doak Neal to the two November
17,2011 correction deeds?
Answer"Yes" or'No"
ANSWER:
B. That Chad H. Foster, Jr_ stole land owned by the Plaintiff.
Answer."Yes" or"No"
ANSWER: \n
C. That Chad H. Foster, Jr. falsified and recorded general file numbers on the two
November 17,2011 correction deeds?
Answer"Yes:1,pr"Na"
ANSWER: -4P...5
D. That Chad H. Foster, Jr. has stolen the land of other people from Del Rio,
Answer''Yes" or "No"
ANSWER;
ta,e 14611/0002A094020ID°CO 3
Patel Gaines FAX 110,210-460-7797 P, 023/034
APT/29/.2015/WED 11:07 AM
If you answered 'Yes' to one or more subparts of Question 9_, then answer the
following questlon; otherwise, do not answer the following question.
.QUESTION NO. -11
: 1
What sum of money, if paid now in cash, would falrly and reasonably
compensate Chad H. Foster, Jr. for his injuries, if any, that were proximately caused by
any statement to which you answered'Yee In Question No. 9 ?
Consider the elements of damages listed below and none other. Consider each
element separately. Do not award any sum of money on any element if you have
otherwise, under some other element, awarded a sum of money for the same loss. That
ls, do not compensate twice for the same loss, If any. Do •not inolude Interest on any
amount ofdamages you find.
Answer separately in dollars and cents for each of the following elements of
damages, if any:
1, injury to Chad H. Foster, Jr.'s reputation sustained in the past.
ANSWER:
2. Injury to reputation that, in reasonable probability, Chad H. Foster, Jr. will
sustain in the future,
ANWER:
3, mental anguish that Chad H. Foster, Jr. sustained in the past.
ANSWER:
4. mental anguish that, in reasonable probability, Chad H. Foster, Jr. will
sustain In the future.
ANSWER:
L & 914612,j0002/La940209,DoW5 4
tielX11 -
APR/29/2015/WED 11:07 AM Patel Gaines FAX No. 210-460-7797 P. 024/034
If you answered "Yes" to any subpart of Question q , then answer the following
question; otherwise, do not answer the following question.
....QUESTION NO..11.. • ..... ----••••••••••• • . ....... ........ ..
What SUM. of money, If paid now in cash, would fairly and reasonably
compensate Chad H. Faster, Jr, for his actual pecuniary loss, if any, that was
proximately caused by any statement to which you answered "Yes" in Question No.
`;\
Consider the elements of damages listed below and none other, Consider each
element separately. Do not award any sum of money on any element if you have
otherwise, under some other element, awarded a sum or money for the same loss, That
is, do not compensate twice for the same loss, if any. Do not include Interest on any
amount of damages you find.
Answer.separately in dollars and cents for each of the following elements of
damages, if any,
all lest profits sustained by Chad H. Foster in the past
ANSWER: .9
all lost profits that, In reasonable probability, Chad H. Foster Jr. will sustain
in•the future
ANSWER:
all reasonable and necessary attorneys' fees (including responding to the TIEC
Complaint) that Chad H. Poster has Incurred in defending himself against Seversoree
claims
ANSWER:
all reasonable and necessary attorneys'fees that, in reasonable probability, Chad
H. Foster likely will Incur In the future in defending himself against Severson's claims
ANSWER:
QUESTION NO,
1461110007A0940209.00aIS 5
, An/29/2010ED 11:08 Ali Patel Gaines FAX NO10-460-7797 P. 025/034
el
Question No. 12..
Ifyou found that any ofthe statements to be defamatory,then answer this Question.
Did Plaintiff make the defamatory statements without actual malice?
You are instructed that Plaintiff acted without actual malice if Plaintiff made the
statements
I. without knowing that they were false, and
2. without reokless disregard as to the truth of the statements.
Answer"Ye? or"No"
Answer:
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AiR/29/2015/WED 11:06 Abi Patel Gaines FAX N0,210-460-7797 P.026/034
Abe
CgilTIFICATE
We,thejury, have answered the above and foregoing questions as herein indicated, and
herewith retUrn. Sarno into court as our verdict
I certify that thejury was unanimous in answering the following questions:
Answer"All" or list questions: All
_ 10.4r74.4A-4-1
SIDZIG ROM.I
Printed Nam- ,e,ffresiding juror: ,
11.7-Ppntsk,
(Ifth,e answers to some questions were not unanimous,thejurors who agreed to these
answers must certify as follows)
We agree to the answers to the following questions;
List questions:
Jurors Signatures Jurors' Printed Names
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, ill/29/2015/ED 11:08 Alf Patel Gaines FAX No. 210-460-7797 P, 027/034
10 ANN CERVANTES SANDY L GARCIA
DISTRICT CLERK CHIEF DEPUTY
VAL VERDE COUNTY Civil(830)774-7538
P.O. Box 1544 ChUd Support(030)774-7540
100 E. Broadway Jury(630)774-7541
1st Floor .CrirnInalfigvenile(830)774-7539
Del Ftlo, Texas 78841-1544 Asst.Civil(830)774.7536
Fax(030)774-7643
THE STATE OF TEXAS
COUNTY OF VAL VERDE
1, jo ANN CERVANTES,District Clerk In and for Val Verde County,Texas, do hereby
certify that the above and foregoing isa true and correct copy of:
CHARGE OF THE COURT
In suit number 29842 styled:
KNIGHTAWK,LLC.,SERIES G
VS,
B &P DEVELOPMENT,LLC AND CHAD H.FOSTER,IR,
as the same appears of record in my office in the 83° JUDICIAL DISTRICT COURT Minute nook
No.113,page 0)466-483.
WITNESS MY HAND AND OFFICIAL SEAL OF OFFICE in Del Rio, Val Verde County,Texas,
this 13th day of February, 2015.
10 ANN CERVANTES,DISTRICT CLER;k
63° &83° I strict Courts
Val Verde/ nty,Texas 0
4
By: )1(114
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1 //142-1
eputy
,APR/29/2015/WED 11:08 AM Patel Gaines FAX No.210-460-7797 P, 028/034
EXHIBIT B
, APR/29/2015/'ED 11:0B AM Patel Gaines PAX No.210-460-7797 P, 029/034
Less hteolgr111171sass
902:530ZU
o
WARRANTY DEED WIT/1 VENDOR% LIEN re
NOTICE OF CONFIDENTLAIZIY RIGHTS:IF YOU ARE A NKruam.p_EttsoN, YOU •• .. • - -
MAY"REMOVE OIL
mom AR? sputa
ANT OR'lUara. OF THE FOLLOWING INFORJVIATION
INSTRUMENT THAT TRANSFERS AN INTEREST IN RIALTROPERTY
BEFORE Cr IS MED FOR RECORD IN PIE -PUBLIC RECORDSt YOUR SOCIAL
SECURITY NUMBER DR YOUR D/IIVMS tscENsg ilumnEn.
THE STATE OF TEXAS
SNOW ALL MEN BY THESE PRESENTS:
cowry/ OF VAL VERDE 7
THAT nOLANDIS ELSA-Was AND WITE,,ANDELMA sANTDS,hereicskr gilled "Ora;ow"(whether
one or more), for aid In eansIdeadon of the turn orTct Dotlen (510.00)and othc Bond end ssloble
somIderotion to Creator paid by rvictirumm,Lcc., tuseIes/tsr piled "Ocent::- (wIu• her oat or more),
th: Semis* of whleh 11 brushy sokewoledged std cnitfesterl,00d Ihr, Ember contrelerallon of the oxcetalan
ind &limy by mkt Grantee of one emssIn Prornlory Note In the rtroipal sum off111.7.50.00, ofono o
dale hoe with,issysbly to the crtic of ivacaloVIA.ILUD:, NATroriAL.ASSOciAlLai Icitteeener called
-Glongnive, balking Irttaut at Ott rat theseht pro -Ad* gild Nate esuostang the until reasonable
attorneys fee cIsoso and vadat= scr.derstIon of angualv tholes In as; ofdefault, sod Ischli sorbed by 7 I
Vendoes Lim and sopcdor dile retsina h1trin LI EV/Wed said LIortgaw,and bdtg also soured hr. • 2 t
T
Onead
jocv.
orIs
Tdwi dax.tim-cwith from Crra:1:1 VISTE1 WC. A VIRGO.; CORron-ATION,
WNEEEAS, hltuvenes bas., r1 Ihospeels1 In. lee cad Iteptect all3farasc, tuTd Lo Gluier e Donlon or
the rotrJr...sa prim. Of the proraty la-c.cinaticr deaddbed, et inattdal hi the alsotozepoibrel Note,Said
VCOdOel Urn opinct Fad ProPesTrcuin !the
h„,d,,,„,„,1
,1 Prireellt of sad NotebEreby wiped,trttufstrral and
Mumps.. to odd Mont,sio= th tali seneriet iitIc to xeld firdpe:Ty.
tabrolainc said hlartgattx to 214 614 riGhl: ttrottNts a-Mentor In the prcnieet 1.7.vIride rle441
EMI
renudoe ke2 OW1TSO, SOLD end CONVEYED, and by thes5 (K=Ettl.S arras GRANT,SELL one
CONVEY utile ssld arenL=, ths following daraibell plop-sty, le-wh:
5.1111ATED IX V.LL vEVDECoOtriV,TEXAS. AND sutra APIT.OXIMAYZIA DX/ AC1Lt5 OF
LAND,OUT or AND ?,,51. r umati 110.5,Lsi OP/OWN 1/1 S_F-A-ht.* L CO.
*inomstort,137 a atotam,twine IN
tf0.151 3/4 TIIE NAME OR.ToIliq gEttiLE ,110
6E1Plo T116 SANE riloPERIV ogsattoro 175 DEED Okra)A.uausr 3, L7/3,mila
Laura tin-soti, GUARS:Mit;TO /GUN L DPOtOlt.rtt. ortlECOAD IN VoLintlX113.
PAOIE3 aftas Or TILE DEE° RECORDS Ott VAL 712tOr.CO Mu,TEXAS,SATO PROPERTY
NonEp,UKT;e111.4.11.1X DESC4L1BEO ay AttTES At D aOlzros Lstrnorr
14-mo trnrdat.
A-rrAcHzo Reitcro rttlo rmcorooa.,/
'co MINE AHD to HOLD eic nhavvtlezdhaI scrntra.torthss- Al ant! tlaialu. Oa right; Ind
aptoutensoms thstetrr.to' is aayriro hclonetua unto said Grantee, bars zed 0,11hies, forayer, AA
does herby bind hIttocli, rsegolms and attminbtrii90, towernnt eras fortvrr driertd all
and riiipou raid ft-Athos unto said Manioc. h h.dr; end situps staled rimy patoa wlsomyor.ttr
Ant IL11;.clelratter,o7 in clelm tho ssrno twiny pcii ihsrea%
r,se i err poses
GVIVWL I
,APR/29/2015/WED 11:09 AM Patel Gaines FAX No.210-460-7797 P, 030/034
1:12.5150;a0
Igors tas ilto tommt >TV havo beta prol:11.1d thdr szymmt iy assoniad by Grarat.
r
ïn~aqa/r/ancaiarnadesabjrstmanyanda.y:N
rerardanainat rnatalarldnee chsracr lagoL>L ‘vtah uty Ifs setudril Mia minima= charges, smis;(ams,
ordirranceo at rounitipol sotlior olher govanmeoul suáeides,eo:.dldaartnd covessoi, Itmy, mellmblo
ta zsd totorombls o:altist dte áovt-dtsnatri'Kopen;ss room.Iq lemma;atth: Couttri Cieo:t otsild
Coontt.
rht we ot my persoon buein tD =fer u Gfinbr Dr Glifilet0.111)511mmd e romp rtrerzzg cien Lr
thgtlia Ctradlor andtor Crrantm may ba sa indivhluol (aittits mie ar tetratt), s ctrporstion, a otrtotritio or 7
s tiolto ot two or mors Indh'idostri M71Qr1119715 ara/or Pumrtoloo,and nimo thls DM la mand by or
7
s torpordoo, ur Motst, Iha orortlo toccutors and orlrgolitrotore' or nulro and ssilegto" shalt,
orithrtaimminsochtorporationtirtromcc,httonstroolletneta•noc:pousandsjgge.
11 B "Pft2MY agrood tlrat dia %doe: ,Usa la ratabiad to Woot slikt paytt critld Hak apinn die
,bovelicocritord property, pmmlmo tact iroporkoitras, won sald Hots god all lotemo !humt;abn hm
haai ktly prid natrirtlfrig m 1Se IJ--rms 13=tot, whto Ihb D=d rhall br,ennt abiatutg,
7
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EXECUTED In/ 17TH dar/ amen::m.1;07.
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EX 103IT "A"
AU. THAT CERTAIN =Act'oo.FARM.OF LAND,3mill= IN'Mtcrryf nEL rijo. coo,,,,y or
vu, wag,Ann STATE orrcu..Atm piny DOT OF AM A rAATo FSE No.3,iNimastox . •
st. o? tr.'T. CO MMIF'S SUOINVISICh/ OF onlouw.Futti,y a.icon Ini-re 0,kur
OF;cm:. MENU.IIEnic uE4cE=EO JIMA worm AS Frm0WS;
nve go tt. ERE76MTE0G116f#31n oiiTris m-AvrestAbSiingln ityaF iT. 1.
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REDDttbEu IN YOE.In,PACES OT-10i. DEED MOO KM OF YAL YEW/ COMM.
THENCE. WITH EOM MOT LINE Or AVENUE I, 41' Om"C., 131.13 FT.,To A!V CRON 7
DOJO SET ON TUE WEST UNE OF CONTEILSE.%TAUT;
7
THENIZE, %VIM THE WFSTVI.LY UNE OF CONvt055sTSZ. ET 315'ITN- W,92,25 FT.
FF.RCE CORN WI
Ti(MEE, 1 31'S5'3V \t', 19.7J Fr„ TO A FED, 0L 001111SIt.
ritENd, N 49'sow tP, 117.12 rr.,TO A FENCE Gamut,
IltENCE,5SI IV W ca.91 FT.,TO A FENCE COMER, O
MUM S 11'1191° TY,4.123 FT,TO A FENCE caltslEv. 7
TMCV,11 I' 4T31" ZLIS Ft.TO A ma comm. 7
FILENCE,Nal'.11,2 i" e,70.LS PT.,TO A FENCE CORNER, 4
35'34" E. 7,1-00 FT. TO THE PEACE OF SE004,000,Afir. callram%two
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Voluniu 1103. Doges 37'09 Of lho Neil Records ni Vol Verde County,Toxin. 03
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