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

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ACCEPTED 03-15-00464-CV 7089903 THIRD COURT OF APPEALS AUSTIN, TEXAS 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. 2 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 3 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 4