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FILED
TARRANT COUNTY
3/6/2019 3:08 PM
Cause No. 342-306594-19
_______________ THOMAS A. WILDER
DISTRICT CLERK
VIDAL PEREZ CASTILLO, §
IN THE DISTRICT COURT
Plaintiff §
§
OF TARRANT COUNTY
vs. §
§
JUDICIAL DISTRICT
CONNIE BUENO, §
NO.___
Defendant §
PLAINTIFF’S ORIGINAL PETITION FOR PARTITION OF REAL ESTATE AND REQUEST
FOR DISCLOSURES
Plaintiff, Vidal Perez Castillo, files this original petition for partition of real estate and
request for disclosure against defendant, Connie Bueno, and alleges as follows:
A. DISCOVERY-CONTROL PLAN
1. Plaintiff intends to conduct discovery under Level 3 of Texas Rule of Civil Procedure
190.4 and affirmatively pleads that this suit is not governed by the expedited-actions
process in Texas Rule of Civil Procedure 169 because plaintiff requests injunctive relief
and monetary relief over $100,000.00
B. RELIEF
2. Plaintiff seeks monetary relief of $100,000 or more and nonmonetary relief. Tex. R.
Civ. P. 47(c)(2).
C. PARTIES
3. Plaintiff Vidal Castillo is an individual residing in Tarrant County, Texas.
4. Defendant, Connie Bueno, an individual, may be served with process at defendant’s
usual place of abode in Tarrant County at 1013 Wilemon Dr, Bedford, TX 76022.
D. VENUE
5. Venue for this suit is permissive in Tarrant County under Texas Civil Practice &
Remedies Code section15.035(a) because this county is where the property is located.
E. FACTS
6. This action is one for Partition under Chapter 23 of the Texas Property Code, and Rules
756 et seq., of the Texas Rules of Civil Procedure.
7. Plaintiff and Defendant are co-tenants who jointly own in fee simple the real property
located in Tarrant County, Texas, and more fully described in a Warranty Deed and
dated April 23, 2010 as Lot 22, Block 6, of Crestview Addition, an Addition to the City
of Bedford, Tarrant County, Texas according to the map or plat thereof recorded in
volume 388-21, Page 34, Plat Records, Tarrant County, Texas. The deed is attached as
Exhibit A and is incorporated by reference herein. The real property is referred to as
“the Property.”
8. The interest of each tenant-in-common is described as follows:
a. Vidal Perez Castillo has a one-half interest in the property.
b. Connie Bueno has a one-half interest in the property.
9. The property has a tax appraisal value of $131,412.00.
F. CLAIMS
10. The Plaintiff is entitled to partition under Chapter 23 of the Texas Property Code and
seeks partition of the Property or in lieu of the other claims herein, title to the entire
property.
11. Defendant and Petitioner purchased the property together in 2010 and both signed a
note promising to pay the purchase price. The note is attached as Exhibit B and is
incorporated by herein.
12. Plaintiff has made every payment for the property, including principal on the loan,
interest on the loan, taxes, and insurance, since the property’s purchase in 2010.
13. Plaintiff requests reimbursement for one-half of all the payments made by the Plaintiff
since 2010.
G. REQUEST FOR DISCLOSURE
16. Under Texas Rule of Civil Procedure 194, plaintiff requests that defendant disclose,
within 50 days of service of this request, the information or material described in Rule
194.2.
H. PRAYER
18. For these reasons, plaintiff asks that the Court issue citation for defendant to appear and
answer, and that upon a hearing of the cause, a decree be entered partitioning the jointly
owned Property and any improvements according to law and equity, awarding amounts
paid by Plaintiff for the Defendant’s share of the purchase price of the property,
including interest; allocating costs of court according to law; and granting other and
further relief to which the Plaintiff may be entitled at law or in equity.
Respectfully submitted,
/s/Ben Westbrook
Ben Westbrook
Texas Bar No. 24090462
1214 Fairmount Ave
Fort Worth, TX 76104
Tel. 817.523.1232
Fax 817.231.7984
ben@westbrooklawfirm.com
EXHIBIT A
EXHIBIT B
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FILED TARRANT COUNTY 3/6/2019 3:08 PM Cause No. 342-306594-19 _______________ THOMAS A. WILDER DISTRICT CLERK VIDAL PEREZ CASTILLO, § IN THE DISTRICT COURT Plaintiff § § OF TARRANT COUNTY vs. § § JUDICIAL DISTRICT CONNIE BUENO, § NO.___ Defendant § PLAINTIFF’S ORIGINAL PETITION FOR PARTITION OF REAL ESTATE AND REQUEST FOR DISCLOSURES Plaintiff, Vidal Perez Castillo, files this original petition for partition of real estate and request for disclosure against defendant, Connie Bueno, and alleges as follows: A. DISCOVERY-CONTROL PLAN 1. Plaintiff intends to conduct discovery under Level 3 of Texas Rule of Civil Procedure 190.4 and affirmatively pleads that this suit is not governed by the expedited-actions process in Texas Rule of Civil Procedure 169 because plaintiff requests injunctive relief and monetary relief over $100,000.00 B. RELIEF 2. Plaintiff seeks monetary relief of $100,000 or more and nonmonetary relief. Tex. R. Civ. P. 47(c)(2). C. PARTIES 3. Plaintiff Vidal Castillo is an individual residing in Tarrant County, Texas. 4. Defendant, Connie Bueno, an individual, may be served with process at defendant’s usual place of abode in Tarrant County at 1013 Wilemon Dr, Bedford, TX 76022. D. VENUE 5. Venue for this suit is permissive in Tarrant County under Texas Civil Practice & Remedies Code section15.035(a) because this county is where the property is located. E. FACTS 6. This action is one for Partition under Chapter 23 of the Texas Property Code, and Rules 756 et seq., of the Texas Rules of Civil Procedure. 7. Plaintiff and Defendant are co-tenants who jointly own in fee simple the real property located in Tarrant County, Texas, and more fully described in a Warranty Deed and dated April 23, 2010 as Lot 22, Block 6, of Crestview Addition, an Addition to the City of Bedford, Tarrant County, Texas according to the map or plat thereof recorded in volume 388-21, Page 34, Plat Records, Tarrant County, Texas. The deed is attached as Exhibit A and is incorporated by reference herein. The real property is referred to as “the Property.” 8. The interest of each tenant-in-common is described as follows: a. Vidal Perez Castillo has a one-half interest in the property. b. Connie Bueno has a one-half interest in the property. 9. The property has a tax appraisal value of $131,412.00. F. CLAIMS 10. The Plaintiff is entitled to partition under Chapter 23 of the Texas Property Code and seeks partition of the Property or in lieu of the other claims herein, title to the entire property. 11. Defendant and Petitioner purchased the property together in 2010 and both signed a note promising to pay the purchase price. The note is attached as Exhibit B and is incorporated by herein. 12. Plaintiff has made every payment for the property, including principal on the loan, interest on the loan, taxes, and insurance, since the property’s purchase in 2010. 13. Plaintiff requests reimbursement for one-half of all the payments made by the Plaintiff since 2010. G. REQUEST FOR DISCLOSURE 16. Under Texas Rule of Civil Procedure 194, plaintiff requests that defendant disclose, within 50 days of service of this request, the information or material described in Rule 194.2. H. PRAYER 18. For these reasons, plaintiff asks that the Court issue citation for defendant to appear and answer, and that upon a hearing of the cause, a decree be entered partitioning the jointly owned Property and any improvements according to law and equity, awarding amounts paid by Plaintiff for the Defendant’s share of the purchase price of the property, including interest; allocating costs of court according to law; and granting other and further relief to which the Plaintiff may be entitled at law or in equity. Respectfully submitted, /s/Ben Westbrook Ben Westbrook Texas Bar No. 24090462 1214 Fairmount Ave Fort Worth, TX 76104 Tel. 817.523.1232 Fax 817.231.7984 ben@westbrooklawfirm.com EXHIBIT A EXHIBIT B i-tll *ij ,11' ;;,:l; .| .i:i: ".I l:;;.:r::',.a $r i.Ti; f;l' i;:1. dirr,' i;,;i:, '',!,i' iii,:,i ,i ii .. ):.,'trti.:.,i.. ii.::;::l '.1. :,1 jr|" l ii,,i:: t;,* l.l:;: J..I't; ;:i:.::.;;.; ;1 ili;;i s%{ 5. .BORRO}V:&1R"5I{IGtff ?C T{REFAY Bortou'er bar rhc rigit to par thc debi cvj