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EXHIBIT A TO REQUEST FOR ABSTRACT OF JUDGMENT
Filed: 11/8/2019 9:08 AM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 38337297
(' By: Lisa Kelly
11/8/2019 1:30 PM
Cause No. 19-CV-0873
HOME ASSET, INC. D/B/ A §
NEW QUEST PROPERTIES, §
§
Plaintiff §
§ GALVESTON COUN1Y, TEXAS
vs. §
§
PALMER TC INVESTMENT, §
LLC §
§
Defendant § 4051h JUDICIAL DISTRICT
DEFAULT JUDGMENT
Came on to be heard in the above styled and numbered cause Plaintiff's Motion
for Default Judgment against Palmer TC Investment, LLC. The Plaintiff, Home Asset,
Inc. d/b/a New Quest Properties was present and announced ready for trial, but
Defendant Palmer TC Investment, LLC, although duly cited according to the law to
answer herein, failed to file any answer in this lawsuit within the time allowed by law.
The Court considered the pleadings, motion for default with supporting affidavits and
exhibits, records and evidence filed in this cause and finds that judgment should be
rendered for Plaintiff based upon legally sufficient evidence.
Therefore, it is accordingly ADJUDGED that Plaintiff, Home Asset, Inc.
d/b/ a New Quest Properties, shall have and recover from the Defendant, Palmer TC
Investment, LLC, judgment for-
1. Palmer TC Investment, LLC, Plaintiff Home Asset, Inc. d/b/a New
Quest Properties., has requested reasonable attorneys' fees based upon the underlvic«
-19- CV-0873
OCOEJF .
Page 1 of 3 Oelault Judgment - final
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Management Agreement. The Court has examined the pending motion for default and
supporting evidence, supporting affidavit, the file, and determined reasonable
attorneys' fees and costs to be $5,158.17; It is further
ORDERED, ADJUDGED AND DECREED that post judgment interest
will accrue at the rate of five percent (5%) per annum compounded annually from the
date hereof, until the total judgment is paid in full. It is further
ORDERED, ADJUDGED AND DECREED that Plaintiff, Home Asset,
Inc. d/b/a New Quest Properties, shall have and recover the following conditional
award of reasonable attorney's fees from the Defendant in the following circumstances:
a. in the event that Defendant files a motion for new trial, motion for
remittitur, or motion to modify the judgment, or other post-judgment,
pre-appeal motion that does not result in a reversal of the Judgment
obtained in this action a reasonable fee for preparing a brief and attending
the hearing would be $2,000.00;
b. in the event that this case is appealed to the Court of Appeals, a
reasonable fee for preparing a brief would be $5,000.00;
c. in the event a petition for review to the Texas Supreme Court is filed or
responded to, a reasonable fee for the related appellate tasks would be
$5,000.00; and
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d. if a petition for review was granted, a reasonable fee for preparing briefs
on the merits, arguing the case and related appellate tasks is $5,000.00. It
is further
ORDERED, ADJUDGED and DECREED that Plaintiff shall have all
writs of execution and other process necessary to enforce this judgment.
This judgment finally dispose of all parties and all claims as is appealable.
SIGNED and ENTERED on this __!j_ day of )~ ,
2019.
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Preview
EXHIBIT A TO REQUEST FOR ABSTRACT OF JUDGMENT Filed: 11/8/2019 9:08 AM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 38337297 (' By: Lisa Kelly 11/8/2019 1:30 PM Cause No. 19-CV-0873 HOME ASSET, INC. D/B/ A § NEW QUEST PROPERTIES, § § Plaintiff § § GALVESTON COUN1Y, TEXAS vs. § § PALMER TC INVESTMENT, § LLC § § Defendant § 4051h JUDICIAL DISTRICT DEFAULT JUDGMENT Came on to be heard in the above styled and numbered cause Plaintiff's Motion for Default Judgment against Palmer TC Investment, LLC. The Plaintiff, Home Asset, Inc. d/b/a New Quest Properties was present and announced ready for trial, but Defendant Palmer TC Investment, LLC, although duly cited according to the law to answer herein, failed to file any answer in this lawsuit within the time allowed by law. The Court considered the pleadings, motion for default with supporting affidavits and exhibits, records and evidence filed in this cause and finds that judgment should be rendered for Plaintiff based upon legally sufficient evidence. Therefore, it is accordingly ADJUDGED that Plaintiff, Home Asset, Inc. d/b/ a New Quest Properties, shall have and recover from the Defendant, Palmer TC Investment, LLC, judgment for- 1. Palmer TC Investment, LLC, Plaintiff Home Asset, Inc. d/b/a New Quest Properties., has requested reasonable attorneys' fees based upon the underlvic« -19- CV-0873 OCOEJF . Page 1 of 3 Oelault Judgment - final \ii~ill\\\\\l\\\\\\\l\l\\\\\II r· i ( Management Agreement. The Court has examined the pending motion for default and supporting evidence, supporting affidavit, the file, and determined reasonable attorneys' fees and costs to be $5,158.17; It is further ORDERED, ADJUDGED AND DECREED that post judgment interest will accrue at the rate of five percent (5%) per annum compounded annually from the date hereof, until the total judgment is paid in full. It is further ORDERED, ADJUDGED AND DECREED that Plaintiff, Home Asset, Inc. d/b/a New Quest Properties, shall have and recover the following conditional award of reasonable attorney's fees from the Defendant in the following circumstances: a. in the event that Defendant files a motion for new trial, motion for remittitur, or motion to modify the judgment, or other post-judgment, pre-appeal motion that does not result in a reversal of the Judgment obtained in this action a reasonable fee for preparing a brief and attending the hearing would be $2,000.00; b. in the event that this case is appealed to the Court of Appeals, a reasonable fee for preparing a brief would be $5,000.00; c. in the event a petition for review to the Texas Supreme Court is filed or responded to, a reasonable fee for the related appellate tasks would be $5,000.00; and Page 2 of 3 .: ( • d. if a petition for review was granted, a reasonable fee for preparing briefs on the merits, arguing the case and related appellate tasks is $5,000.00. It is further ORDERED, ADJUDGED and DECREED that Plaintiff shall have all writs of execution and other process necessary to enforce this judgment. This judgment finally dispose of all parties and all claims as is appealable. SIGNED and ENTERED on this __!j_ day of )~ , 2019. Page 3 of 3