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CAUSE NO. 17- -242799
IN THE MATTER OF IN THE DISTRICT COURT OF
THE MARRIAGE OF
MANUEL REYES 328 JUDICIAL DISTRICT
VS.
DIANA CASTANO, ET AL FORT BEND COUNTY TEX
FENDANT ARMADILLO GLASS, INC.’S BRIEF
SUPPORTING PLEA TO THE JURISDICTION
TO THE HONORABLE JUDGE OF SAID COURT:
Armadillo Glass, Inc., one of the defendants in this case, submits its brief supporting s plea
to the jurisdiction and would respectfully show as follows:
FACTS
After a trial, Harris County Civil Court at Law Number Three (3) rendered judgment in favor
of Armadillo Glass, Inc. against Manuel Reyes, for over $50,000 in a suit arising from a construction
project in which Armadillo Glass, Inc. as a subcontractor installed glass in a shopping center in
Harris County, Texas at the request of Manuel Reyes, the general contractor. Manuel Reyes was
represented by an attorney at the trial. There was no appeal. After the Harris County judgment was
rendered, in Manuel Reyes’s divorce case in this Court, he and his wife Diana Castano asserted that
the property in Galveston County the subject of this case was their community property. The
Galveston County property was transferred back and forth between Manuel Reyes and his paramour,
defendant Wendy Hernandez, during the marriage between defendant Manuel Reyes and his wife,
Diana Castano. The divorce in this case became final without any disposition of the Galveston
property, although both the husband and wife knew about it before their divorce became final.
Def. Armadillo Glass, Inc.'s Brief Supporting Plea to the Jurisdiction 02.14.22 PLD 14-53
On September 6, 2019, before the post-divorce property division suit in this Court, defendant
Armadillo Glass, Inc. filed suit in the 122nd Judicial District Court in Galveston County, Texas to
establish and enforce its judgment lien against the Galveston real property claimed as community
property in the divorce between the judgment debtor Manuel Reyes and his wife Diana Castano, but
held in the name of Wendy Hernandez. (Exhibit A). Shortly after Armadillo Glass, Inc. filed the
suit in Galveston County, Manuel Reyes then filed suit in this case for post-divorce division of the
Galveston property alleging he transferred the Galveston property without consideration to defendant
Wendy Hernandez and his divorce case was re-opened, but as previously stated became final without
a division of the Galveston County property. Diana Castano filed a counterclaim and named Wendy
Hernandez and her new boyfriend as third party defendants in this case. Less than five (5) months
ago plaintiff filed its Original Answer and Counterclaim in this suit after being joined as a party in
this case by Diana Castano last year. In Galveston, Diana Castano moved to abate the Galveston
County case or transfer venue to Fort Bend County. (Exhibit B). On January 4, 2022 the Galveston
County District Court denied Diana Castano’s motion to abate or transfer venue. (Exhibit C).
2.
THIS COURT HAS NO JURISDICTION OVER THIS DISPUTE
Plaintiff filed this suit in Galveston County before Manuel Reyes filed this post-divorce
property division suit in this case. (Exhibit A). Thus this Court does not have subject matter
jurisdiction. See In re Red Dot Bldg. Sys., 503 S.W.3d 320, 322 (Tex. 2016). Armadillo Glass, Inc.
could not have filed this suit in Fort Bend County under Chapter 9 of the Family Code for post-
divorce division of undivided property since defendant Armadillo Glass, Inc. was not a former
spouse. See § 9.201(a), Tex. Fam. Code. For this Court to assume jurisdiction in this case would
severely delay and restrict the ability of judgment creditors to collect judgments when the real
2
Def. Armadillo Glass, Inc.'s Brief Supporting Plea to the Jurisdiction 02.14.22 PLD 14-53
property of judgment debtors are omitted from their divorce decrees, allowing them to hide assets
and when found, delay or thwart collection of judgments by re-opening the judgment debtors’
divorces in another county.
3.
THIS COURT DOES NOT HAVE CONTINUING
JURISDICTION OVER THE GALVESTON PROPERTY
This Court does not have continuing, exclusive jurisdiction over the dispute involving
plaintiff and the ownership of the Galveston real property when the property was not divided in the
divorce. See § 9.201(b), Tex. Fam. Code. This case was properly filed in this Court by a non-
spouse. The Family Code actually supports jurisdiction in this Galveston County District Court. Id.
Smith v. Cooper, 541 S.W.2d 274, 277 (Tex. App. – Texarkana 1976, no writ). In post-divorce
property divisions, the Court only has continuing, exclusive jurisdiction for the division of pension,
retirement or other employee benefits, if any, not the real property in Galveston County. See §
9.101(a), Tex. Fam. Code.
4.
VENUE IS PROPER IN GALVESTON COUNTY
WHERE THE REAL ESTATE IS LOCATED
Venue is proper in Galveston County where the property is located. § 15.011, Tex. Civ. Prac.
and Rem. Code. Even if venue is not proper in Galveston County, defendant Diana Castano waived
transfer of venue where she did not set the hearing on the motion to transfer venue for a year after
she filed her answer in the Galveston County case, which is too late. See Whitworth v. Kuhn, 734
S.W.2d 108, 111 (Tex. App. – Austin 1987, no writ).
3
Def. Armadillo Glass, Inc.'s Brief Supporting Plea to the Jurisdiction 02.14.22 PLD 14-53
5.
THE PARTIES WILL BE PREJUDICED IF
THE COURT ASSUMES JURISDICTION
The parties will be prejudiced if this Court assumes jurisdiction over the dispute involving
the Galveston County real estate. It would not be in the interest of justice for this Court continue
forward on this case when the suit involving the same dispute is pending in Galveston. Defendant
Armadillo Glass, Inc. is a judgment creditor and recovery of the judgment should not be obstructed
or delayed. Defendant Armadillo Glass, Inc.’s claims in Galveston County include fraudulent
concealment by Manuel Reyes. He and his wife Diana Castano admit Manuel Reyes defrauded his
wife by secretly transferring the real property to defendant Wendy Hernandez. This case has not
been set for trial on the property dispute. The Galveston County case has been set for trial multiple
times. There has been substantial discovery in the Galveston County case, including the depositions
of defendants Diana Castano and Wendy Hernandez. The Galveston County District Court has
rendered a default judgment against Manuel Reyes’s in favor of Armadillo Glass, Inc. Manuel
Reyes, the judgment debtor, admits he has an ownership interest in the property. Diana Castano
admits the property is community property, so the Harris County judgment attaches to the property.
Manuel Reyes is represented by an attorney in this case who knows about the Galveston County case
and has not appeared for his client in that case. Wendy Hernandez and Diana Castano are both
represented by attorneys in each case. Continuing this case will waste all of Armadillo Glass, Inc.’s
hard work in finalizing the Galveston County case and dealing with uncooperative defendants. There
may be inconsistent rulings in the respective District Courts, duplication of efforts, and a waste of
scarce judicial resources.
4
Def. Armadillo Glass, Inc.'s Brief Supporting Plea to the Jurisdiction 02.14.22 PLD 14-53
Respectfully submitted,
LAW OFFICES OF MAE NACOL
& ASSOCIATES
By: /s/ Roy K. Ewart
ROY K. EWART
Texas Bar No. 06752705
8303 Southwest Freeway, Suite 945
Houston, Texas 77074
Houston, Texas 77002
Telephone: (713) 655-7055
Telecopier: (713) 655-7702
wmnacol@sbcglobal.net
Attorney for Plaintiff
Armadillo Glass, Inc.
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above and foregoing document
th
has been forwarded to the following electronically on this 14 day of February, 2022 to the
following:
Andrew Bayley, Esq. Karleana L. Farias, Esq.
The Bayley Law Firm The Farias Law Firm
1225 North Loop West, Suite 325 641 Heights Blvd.
Houston, Texas 77008 Houston, Texas 77007
Email: andrew@bayleylawfirm.com Email: karleana@fariaslaw.com
Eric L. Rhodes, Esq.
The Rhodes Law Firm, PLLC
6588 Corporate Dr., Suite 200
Houston, Texas 77036
Email: eric@rhodeslawwins.com
/s/ Roy K. Ewart
Roy K. Ewart
5
Def. Armadillo Glass, Inc.'s Brief Supporting Plea to the Jurisdiction 02.14.22 PLD 14-53
ARMADILLO GLASS, INC. § IN THE DISTRICT COURT OF
VS.
§ GALVESTON COUNTY, TE
ANUEL REYES, WENDY ELISABETH §
HERNANDEZ, DIANA CASTANO, AND §
HOME TAX SOLUTIONS, LLC § __________ JUDICIAL DISTRICT
PLAINTIFF'S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, ARMADILLO GLASS, INC., plaintiff in this action, and files this
original petition against MANUEL REYES, WENDY ELISABETH HERNANDEZ, DIANA
CASTANO, and HOME TAX SOLUTIONS, LLC, defendants and for cause of action would
respectfully show as follows:
Discovery is intended to be conducted under Level 3 of TRCP 190. TRCP 190.1. The
damages sought are within the jurisdictional limits of the Court. TRCP 47(b). Plaintiff seeks
monetary relief of $100,000 or less and non-monetary relief. TRCP 47(c)(1).
Plaintiff ARMADILLO GLASS, INC. is a Texas corporation with principal place of
business at 9227 Ronda Lane, Houston, Texas 77074.
Defendant MANUEL REYES is an individual who may be served with process at 6015
Ladonia St., Rosharon, Texas 77583 or wherever else he may be found.
Defendant WENDY ELISABETH HERNANDEZ is an individual who may be served
with process at 12330 N. Gessner Rd., Apt. 611, Houston, Texas 77074 or wherever else she
may be found.
Plt Original Petition 09.06.19 PLD 14-
Defendant DIANA CASTANO is an individual who may be served with process at 6015
Ladonia St., Rosharon, Texas 77583 or wherever else she may be found.
Defendant HOME TAX SOLUTIONS, LLC is a Texas limited liability company which
may be served with process by serving its registered agent Kohm & Associates, P.C. at 112 E.
Pecan St., Suite 2810, San Antonio, Texas 78205 or by such other manner allowed by law.
3.
After a trial, a judgment was signed on May 10, 2019 in favor of plaintiff against
defendant MANUEL REYES in case number 1111656 in the County Civil Court at Law Number
Three (3) of Harris County, Texas. A copy of the abstract judgment is attached hereto as Exhibit
A. The suit was filed June 8, 2018.
4.
On January 11, 2019, defendant MANUEL REYES transferred real property having a
street address of 615 29th Street, San Leon, Texas 77539 titled in his name in Galveston County,
Texas to his girlfriend defendant WENDY ELISABETH HERNANDEZ. A copy of the general
warranty deed dated January 11, 2019 is attached hereto as Exhibit B. The property was
previously titled in the name of defendant WENDY ELISABETH HERNANDEZ and
transferred by general warranty to defendant MANUEL REYES on July 31, 2018. Exhibit C.
5.
On August 8, 2019, defendant MANUEL REYES filed a Motion to Modify, Correct, or
Reform Judgment in his divorce suit in the 328th Judicial District Court of Fort Bend County,
Texas, case no. 17-DCV-242799, seeking to cancel the deed dated January 11, 2019 to defendant
WENDY ELISABETH HERNANDEZ as fraudulent and make provision for the division of the
asset as community property. On August 29, 2019, the District Court refused to take action on
Plt Original Petition 09.06.19 PLD 14-53 2
the motion since defendant WENDY ELISABETH HERNANDEZ was not a party to the suit.
Exhibit E.
6.
Defendant HOME TAX SOLUTIONS, LLC acquired an interest in the real property
located at 615 29th Street, San Leon, Texas 77539 as transferee under a tax lien contract with
defendant MANUEL REYES dated February 9, 2019. A copy of the tax lien contract is attached
hereto as Exhibit D.
7.
Plaintiff is entitled to a declaratory judgment pursuant to the Texas Civil Practices and
Remedies Code declaring that defendant MANUEL REYES is an owner of at least one half of
the real property at 615 29th Street, San Leon, Texas 77539 and establishing plaintiff’s interest
therein and a judgment of foreclosure for the sale of the real property for payment of plaintiff’s
judgment against defendant MANUEL REYES rendered by County Civil Court at Law Number
Three (3) of Harris County, Texas of Harris County, Texas, case number 1111656.
8.
Plaintiff is entitled to recover attorney’s fees through trial with contingent awards in the
event of appeals, pursuant to the Texas Civil Practices and Remedies Code, from defendants
MANUEL REYES and WENDY ELISABETH HERNANDEZ for their fraudulent conveyance.
WHEREFORE, PREMISES CONSIDERED, plaintiff requests that defendants be cited to
appear and answer, and that the Court declare and establish plaintiff’s interest in the real property
the subject of this suit, the real property sold and plaintiff’s judgment against defendant
MANUEL REYES paid, and plaintiff recover its attorney’s fees, with contingent awards in the
Plt Original Petition 09.06.19 PLD 14-53 3
event of any appeals, and plaintiff have such other and further relief to which plaintiff may be
justly entitled.
Respectfully submitted,
LAW OFFICES OF MAE NACOL
& ASSOCIATES, P.C.
By: /s/ Roy K. Ewart
Roy K. Ewart
Texas Bar No. 06752705
8303 Southwest Freeway, Suite 945
Houston, Texas 77074
Telephone: (713) 655-7055
Telecopier: (713) 655-7702
wmnacol@sbcglobal.net
Attorney for Plaintiff
Plt Original Petition 09.06.19 PLD 14-53 4
Preview
CAUSE NO. 17- -242799 IN THE MATTER OF IN THE DISTRICT COURT OF THE MARRIAGE OF MANUEL REYES 328 JUDICIAL DISTRICT VS. DIANA CASTANO, ET AL FORT BEND COUNTY TEX FENDANT ARMADILLO GLASS, INC.’S BRIEF SUPPORTING PLEA TO THE JURISDICTION TO THE HONORABLE JUDGE OF SAID COURT: Armadillo Glass, Inc., one of the defendants in this case, submits its brief supporting s plea to the jurisdiction and would respectfully show as follows: FACTS After a trial, Harris County Civil Court at Law Number Three (3) rendered judgment in favor of Armadillo Glass, Inc. against Manuel Reyes, for over $50,000 in a suit arising from a construction project in which Armadillo Glass, Inc. as a subcontractor installed glass in a shopping center in Harris County, Texas at the request of Manuel Reyes, the general contractor. Manuel Reyes was represented by an attorney at the trial. There was no appeal. After the Harris County judgment was rendered, in Manuel Reyes’s divorce case in this Court, he and his wife Diana Castano asserted that the property in Galveston County the subject of this case was their community property. The Galveston County property was transferred back and forth between Manuel Reyes and his paramour, defendant Wendy Hernandez, during the marriage between defendant Manuel Reyes and his wife, Diana Castano. The divorce in this case became final without any disposition of the Galveston property, although both the husband and wife knew about it before their divorce became final. Def. Armadillo Glass, Inc.'s Brief Supporting Plea to the Jurisdiction 02.14.22 PLD 14-53 On September 6, 2019, before the post-divorce property division suit in this Court, defendant Armadillo Glass, Inc. filed suit in the 122nd Judicial District Court in Galveston County, Texas to establish and enforce its judgment lien against the Galveston real property claimed as community property in the divorce between the judgment debtor Manuel Reyes and his wife Diana Castano, but held in the name of Wendy Hernandez. (Exhibit A). Shortly after Armadillo Glass, Inc. filed the suit in Galveston County, Manuel Reyes then filed suit in this case for post-divorce division of the Galveston property alleging he transferred the Galveston property without consideration to defendant Wendy Hernandez and his divorce case was re-opened, but as previously stated became final without a division of the Galveston County property. Diana Castano filed a counterclaim and named Wendy Hernandez and her new boyfriend as third party defendants in this case. Less than five (5) months ago plaintiff filed its Original Answer and Counterclaim in this suit after being joined as a party in this case by Diana Castano last year. In Galveston, Diana Castano moved to abate the Galveston County case or transfer venue to Fort Bend County. (Exhibit B). On January 4, 2022 the Galveston County District Court denied Diana Castano’s motion to abate or transfer venue. (Exhibit C). 2. THIS COURT HAS NO JURISDICTION OVER THIS DISPUTE Plaintiff filed this suit in Galveston County before Manuel Reyes filed this post-divorce property division suit in this case. (Exhibit A). Thus this Court does not have subject matter jurisdiction. See In re Red Dot Bldg. Sys., 503 S.W.3d 320, 322 (Tex. 2016). Armadillo Glass, Inc. could not have filed this suit in Fort Bend County under Chapter 9 of the Family Code for post- divorce division of undivided property since defendant Armadillo Glass, Inc. was not a former spouse. See § 9.201(a), Tex. Fam. Code. For this Court to assume jurisdiction in this case would severely delay and restrict the ability of judgment creditors to collect judgments when the real 2 Def. Armadillo Glass, Inc.'s Brief Supporting Plea to the Jurisdiction 02.14.22 PLD 14-53 property of judgment debtors are omitted from their divorce decrees, allowing them to hide assets and when found, delay or thwart collection of judgments by re-opening the judgment debtors’ divorces in another county. 3. THIS COURT DOES NOT HAVE CONTINUING JURISDICTION OVER THE GALVESTON PROPERTY This Court does not have continuing, exclusive jurisdiction over the dispute involving plaintiff and the ownership of the Galveston real property when the property was not divided in the divorce. See § 9.201(b), Tex. Fam. Code. This case was properly filed in this Court by a non- spouse. The Family Code actually supports jurisdiction in this Galveston County District Court. Id. Smith v. Cooper, 541 S.W.2d 274, 277 (Tex. App. – Texarkana 1976, no writ). In post-divorce property divisions, the Court only has continuing, exclusive jurisdiction for the division of pension, retirement or other employee benefits, if any, not the real property in Galveston County. See § 9.101(a), Tex. Fam. Code. 4. VENUE IS PROPER IN GALVESTON COUNTY WHERE THE REAL ESTATE IS LOCATED Venue is proper in Galveston County where the property is located. § 15.011, Tex. Civ. Prac. and Rem. Code. Even if venue is not proper in Galveston County, defendant Diana Castano waived transfer of venue where she did not set the hearing on the motion to transfer venue for a year after she filed her answer in the Galveston County case, which is too late. See Whitworth v. Kuhn, 734 S.W.2d 108, 111 (Tex. App. – Austin 1987, no writ). 3 Def. Armadillo Glass, Inc.'s Brief Supporting Plea to the Jurisdiction 02.14.22 PLD 14-53 5. THE PARTIES WILL BE PREJUDICED IF THE COURT ASSUMES JURISDICTION The parties will be prejudiced if this Court assumes jurisdiction over the dispute involving the Galveston County real estate. It would not be in the interest of justice for this Court continue forward on this case when the suit involving the same dispute is pending in Galveston. Defendant Armadillo Glass, Inc. is a judgment creditor and recovery of the judgment should not be obstructed or delayed. Defendant Armadillo Glass, Inc.’s claims in Galveston County include fraudulent concealment by Manuel Reyes. He and his wife Diana Castano admit Manuel Reyes defrauded his wife by secretly transferring the real property to defendant Wendy Hernandez. This case has not been set for trial on the property dispute. The Galveston County case has been set for trial multiple times. There has been substantial discovery in the Galveston County case, including the depositions of defendants Diana Castano and Wendy Hernandez. The Galveston County District Court has rendered a default judgment against Manuel Reyes’s in favor of Armadillo Glass, Inc. Manuel Reyes, the judgment debtor, admits he has an ownership interest in the property. Diana Castano admits the property is community property, so the Harris County judgment attaches to the property. Manuel Reyes is represented by an attorney in this case who knows about the Galveston County case and has not appeared for his client in that case. Wendy Hernandez and Diana Castano are both represented by attorneys in each case. Continuing this case will waste all of Armadillo Glass, Inc.’s hard work in finalizing the Galveston County case and dealing with uncooperative defendants. There may be inconsistent rulings in the respective District Courts, duplication of efforts, and a waste of scarce judicial resources. 4 Def. Armadillo Glass, Inc.'s Brief Supporting Plea to the Jurisdiction 02.14.22 PLD 14-53 Respectfully submitted, LAW OFFICES OF MAE NACOL & ASSOCIATES By: /s/ Roy K. Ewart ROY K. EWART Texas Bar No. 06752705 8303 Southwest Freeway, Suite 945 Houston, Texas 77074 Houston, Texas 77002 Telephone: (713) 655-7055 Telecopier: (713) 655-7702 wmnacol@sbcglobal.net Attorney for Plaintiff Armadillo Glass, Inc. CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the above and foregoing document th has been forwarded to the following electronically on this 14 day of February, 2022 to the following: Andrew Bayley, Esq. Karleana L. Farias, Esq. The Bayley Law Firm The Farias Law Firm 1225 North Loop West, Suite 325 641 Heights Blvd. Houston, Texas 77008 Houston, Texas 77007 Email: andrew@bayleylawfirm.com Email: karleana@fariaslaw.com Eric L. Rhodes, Esq. The Rhodes Law Firm, PLLC 6588 Corporate Dr., Suite 200 Houston, Texas 77036 Email: eric@rhodeslawwins.com /s/ Roy K. Ewart Roy K. Ewart 5 Def. Armadillo Glass, Inc.'s Brief Supporting Plea to the Jurisdiction 02.14.22 PLD 14-53 ARMADILLO GLASS, INC. § IN THE DISTRICT COURT OF VS. § GALVESTON COUNTY, TE ANUEL REYES, WENDY ELISABETH § HERNANDEZ, DIANA CASTANO, AND § HOME TAX SOLUTIONS, LLC § __________ JUDICIAL DISTRICT PLAINTIFF'S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, ARMADILLO GLASS, INC., plaintiff in this action, and files this original petition against MANUEL REYES, WENDY ELISABETH HERNANDEZ, DIANA CASTANO, and HOME TAX SOLUTIONS, LLC, defendants and for cause of action would respectfully show as follows: Discovery is intended to be conducted under Level 3 of TRCP 190. TRCP 190.1. The damages sought are within the jurisdictional limits of the Court. TRCP 47(b). Plaintiff seeks monetary relief of $100,000 or less and non-monetary relief. TRCP 47(c)(1). Plaintiff ARMADILLO GLASS, INC. is a Texas corporation with principal place of business at 9227 Ronda Lane, Houston, Texas 77074. Defendant MANUEL REYES is an individual who may be served with process at 6015 Ladonia St., Rosharon, Texas 77583 or wherever else he may be found. Defendant WENDY ELISABETH HERNANDEZ is an individual who may be served with process at 12330 N. Gessner Rd., Apt. 611, Houston, Texas 77074 or wherever else she may be found. Plt Original Petition 09.06.19 PLD 14- Defendant DIANA CASTANO is an individual who may be served with process at 6015 Ladonia St., Rosharon, Texas 77583 or wherever else she may be found. Defendant HOME TAX SOLUTIONS, LLC is a Texas limited liability company which may be served with process by serving its registered agent Kohm & Associates, P.C. at 112 E. Pecan St., Suite 2810, San Antonio, Texas 78205 or by such other manner allowed by law. 3. After a trial, a judgment was signed on May 10, 2019 in favor of plaintiff against defendant MANUEL REYES in case number 1111656 in the County Civil Court at Law Number Three (3) of Harris County, Texas. A copy of the abstract judgment is attached hereto as Exhibit A. The suit was filed June 8, 2018. 4. On January 11, 2019, defendant MANUEL REYES transferred real property having a street address of 615 29th Street, San Leon, Texas 77539 titled in his name in Galveston County, Texas to his girlfriend defendant WENDY ELISABETH HERNANDEZ. A copy of the general warranty deed dated January 11, 2019 is attached hereto as Exhibit B. The property was previously titled in the name of defendant WENDY ELISABETH HERNANDEZ and transferred by general warranty to defendant MANUEL REYES on July 31, 2018. Exhibit C. 5. On August 8, 2019, defendant MANUEL REYES filed a Motion to Modify, Correct, or Reform Judgment in his divorce suit in the 328th Judicial District Court of Fort Bend County, Texas, case no. 17-DCV-242799, seeking to cancel the deed dated January 11, 2019 to defendant WENDY ELISABETH HERNANDEZ as fraudulent and make provision for the division of the asset as community property. On August 29, 2019, the District Court refused to take action on Plt Original Petition 09.06.19 PLD 14-53 2 the motion since defendant WENDY ELISABETH HERNANDEZ was not a party to the suit. Exhibit E. 6. Defendant HOME TAX SOLUTIONS, LLC acquired an interest in the real property located at 615 29th Street, San Leon, Texas 77539 as transferee under a tax lien contract with defendant MANUEL REYES dated February 9, 2019. A copy of the tax lien contract is attached hereto as Exhibit D. 7. Plaintiff is entitled to a declaratory judgment pursuant to the Texas Civil Practices and Remedies Code declaring that defendant MANUEL REYES is an owner of at least one half of the real property at 615 29th Street, San Leon, Texas 77539 and establishing plaintiff’s interest therein and a judgment of foreclosure for the sale of the real property for payment of plaintiff’s judgment against defendant MANUEL REYES rendered by County Civil Court at Law Number Three (3) of Harris County, Texas of Harris County, Texas, case number 1111656. 8. Plaintiff is entitled to recover attorney’s fees through trial with contingent awards in the event of appeals, pursuant to the Texas Civil Practices and Remedies Code, from defendants MANUEL REYES and WENDY ELISABETH HERNANDEZ for their fraudulent conveyance. WHEREFORE, PREMISES CONSIDERED, plaintiff requests that defendants be cited to appear and answer, and that the Court declare and establish plaintiff’s interest in the real property the subject of this suit, the real property sold and plaintiff’s judgment against defendant MANUEL REYES paid, and plaintiff recover its attorney’s fees, with contingent awards in the Plt Original Petition 09.06.19 PLD 14-53 3 event of any appeals, and plaintiff have such other and further relief to which plaintiff may be justly entitled. Respectfully submitted, LAW OFFICES OF MAE NACOL & ASSOCIATES, P.C. By: /s/ Roy K. Ewart Roy K. Ewart Texas Bar No. 06752705 8303 Southwest Freeway, Suite 945 Houston, Texas 77074 Telephone: (713) 655-7055 Telecopier: (713) 655-7702 wmnacol@sbcglobal.net Attorney for Plaintiff Plt Original Petition 09.06.19 PLD 14-53 4