Preview
FILED
DALLAS COUNTY
7/1/2019 4:01PM
1 WRIT/ 1 NOT ESERVE FELICIA PITRE
DISTRICT CLERK
DC-1 9-09358
CAUSE NOo JAVIER HERNANDEZ
REAL DIGITAL MEDIA, LLC, § 1N THE DISTRICT COURT
§
Plaintiff/Garnishor, §
§
v. §
§
FROST BANK, § OF DALLAS COUNTY, TEXAS
§
Gamishee §
§
RESPARIO, LP, §
§
DefendantlJudgment Debtor §
§
§
§ 95th JUDICIAL DISTRICT
§
PETITION FOR POST JUDGMENT WRIT OF GARNISHMENT
Plaintiff and Garnishor Real Digital Media, LLC ("RDM”) makes application the
issuance of a post-judgment Writ of Gamishment against Garnishee Frost Bank, and respectfully
shows the Court as follows:
I.
PARTIES
Plaintiff Real Digital Media, LLC is an Ohio limited liability company which is
authorized to do business in Texas.
Garnishee Frost Bank (“Frost”), is a Texas State Financial Institution and a wholly-
owned subsidiary of Cullen/Frost Bankers, Inc. Itmaintains its principal place ofbusiness at 100
West Houston Street, San Antonio, TX 78205. Frost can be served with process through its
registered agent for service, Stanley E. McCormick, Jr., located at 100 West Houston Street, San
Antonio, TX 78205.
Judgment Debtor, Respario, LP (“Respario”), is a Texas limited partnership. Its last
known address is 14800 Quorum Drive, Suite 475, Dallas, Texas 75254.
II.
FACTS
On May 30, 2019, the Court signed a Stipulated Consent Judgment against Defendant
Respario, LP (the “Judgment Debtor") (the “Judgment”). A copy of the Judgment is attached
hereto as Exhibit “A.” The Judgment was rendered in a case styled Case No. DC—18-l6903;
Real Digital Media. LLC v. Respario, LP, in the 95‘“ District Coun of Dallas County, Texas, and
awarded RDM Three Hundred Twenty-Two Thousand One Hundred Eighty Seven and 69/100
Dollars ($322,187.69). See Exhibit “A.” The Judgment is final, valid, subsisting, and has not
been stayed or superseded by bond. The Judgment remains completely unsatisfied.
RDM is not aware of any property possessed by the Judgment Debtor in Texas that is
unencumbered and subject to execution sufficient to satisfy the Judgment. RDM does not seek a
Writ of Garnishment to injure Garnishee 0r the Judgment Debtor. Instead, RDM has reason to
believe and does believe that Frost has monetary assets belonging to the Judgment Debtor.
Specifically, the Judgment Debtor maintains an active bank account with Garnishee. See
Exhibit “B” (Affidavit of John R. Nelson).
III.
AFFIDAVIT
This application is supported by the Affidavit of John R. Nelson, a person having
knowledge of the relevant facts. RDM is entitled t0 the issuance 0f a Writ 0f Gamishment on the
grounds stated herein and in the Affidavit attached hereto as Exhibit “B”, which is hereby fully
incorporated into this Application.
IV.
Petition for Post-Judgment Writ of Garnishment Page 2
AUSTIN 59542-7004 2451 0Q
PRAYER
FOR THESE REASONS, RDM respectfully requests that (i) a Writ of Garnishment be
issued and served upon Garnishee Frost Bank; (ii) RDM be granted a judgment against
Gamishee Frost Bank to satisfy the Judgment, along with all costs and interest allowed by law,
and (iii)RDM be granted all other relief to which it isentitled.
Respectfully submitted,
26......“—
By:
John R. Nelson
State Bar No. 00797144
DICKINSON WRIGHT PLLC
607 West Third Street, Suite 2500
Austin, Texas 78701
Telephone: 5 l 2-770-42 l4
Fax: 344-670-6009
inelson@dickinsonwright.com
ATTORNEYS FOR PLAINTIFF]
GARNISHOR REAL DIGITAL MEDLA,
LLC
Petition for Posl-Judgment Writ of Garnishmcnt Page 3
AUSTIN 59542-7004 2451 0v2
EXHIBIT A
ORQGENAL Cause No. 0048-16903
REAL DIGITAL MEDIA, LLc, § IN THE DISTRICT COURT
Plainlq'fl' §
§
v. § 0F DALLAS COUNTY TEXAS
§
RESPARIO, LP, §
Defendam §
95'“ JUDICIAL DISTRICT
STIPULATED CONSENT JUDGMENT
This matter having come before the Court by consent of all parties, and the terms being
consented to by all parties, itis hereby
ORDERED AND ADJUDGED that Defendant Respario, LP is liable to the PlaintiffReal
Digital Media, LLC in the amount ofThree Hundred Twenty Two Thousand One Hundred Eighty
'
Seven and 69IIOO Dollars ($322,: 87.69). Plaintiffshall be entitle/d/tfi immediat exccu n on the
Stipulated Consent Judgment afier entry by the CI k of coung’“
so ORDEREnmis Egg) day of 20L?
r
LRESIDIN’GTUDG‘E
M
Kay”
AGREED
R. Nelson
State Bar No. 00797144
Dickinson Wright PLLC
303 Colorado, Suite 2050
Austin, Texas 78701
5 l 2-770-42 l 4 (Tel)
844-670-6009 (Fax)
jnelson@dickinsonwfight.com
War
Counsel for Plaintiff Real Digital Media, LLC
N‘éil R. Bt'n'get
State Bar No. 24036289
Carrington, Coleman, Sloman 8L Blumenthal, LLP
901 Main Street, Suite 5500
Dallas, Texas 75202
214-855-3000 (Tel)
214-855-1333 (Fax)
nburger@ccsb.com
Counsel for Defendant Respnrio, LP
AUSTIN 59542-7004 21771v1
EXHIBIT B
CAUSE NO.
REAL DIGITAL MEDIA, LLC, § 1N THE DISTRICT COURT
§
Plaintiff/Gamishor, §
§
v. §
§
FROST BANK, N.A. § OF DALLAS COUNTY, TEXAS
§
Garnishee §
§
RESPARIO, LP, §
§
Defendant/Judgment Debtor §
§
§
§ 95th JUDICIAL DISTRICT
§
AFFIDAVIT 0F OHN R. NELSON
THE STATE OF TEXAS §
§
COUNTY OF TRAVIS §
BEFORE ME, the undersigned notary, on this day personally appeared John R. Nelson, a
person whose identity is known to me, and after administration of the oath, stated as follows:
I. “My name is John R. Nelson. I represent the Plaintiff in the above-referenced
matter (the “Matter”). I am over the age of twenty-one (2|) years, have never
been convicted of a felony or a crime of moral turpitude, and am competent and
authorized to make this affidavit. I have personal knowledge of the true and
correct facts stated below gained during the course of my dealings with the
Judgment Debtor (as defined below) in this Matter.
Plaintiff Real Digital Media, LLC (“RDM”) is the judgment creditor in this
Matter. Plaintiff RDM is an Ohio limited liability company with its principal
place of business in Dayton, Ohio. RDM is registered to conduct business in
Texas as a foreign limited liability corporation. The name of the Judgment
Debtor in this Matter is Respario, LP (the “Judgment Debtor”). Its last known
address is 14800 Quorum Drive, Suite 475, Dallas, Texas 75254.
AFFIDAVIT 0F JOHN R. NELSON Page 1
3. RDM owns a judgment against the Judgment Debtor (the "Judgment"). Attached
hereto as Exhibit B-1 is a copy of the Judgment. The Judgment was rendered in
a case styled Case No. DC-18-16903; Real Digital Media, LLC v. Respario, LP,
in the 95th District Court of Dallas County, Texas, and awarded RDM Three
Hundred Twenty-Two Thousand One Hundred Eighty Seven and 69/100
Dollars ($322,187.69).
4. The Judgment is final, valid, subsisting, and has not been stayed or superseded by
bond. The Judgment is for a debt that is just, due, and unpaid.
5. The amount now due on the unpaid judgment is $322,187.69.
6. It is my understanding that the Judgment Debtor does not possess property in
Texas that can be readily attached or levied on by ordinary legal process.
7. On information and belief, I have reason to believe that the Judgment Debtor has
non-exempt property including, but not limited to the following:
a) Assets in account(s) at Frost Bank
This belief is based on personal knowledge.
Further affiant sayeth not.
£------- John R. Nelson
SUBSCRIBED TO AND SWORN TO BEFORE ME by John R. Nelson on this ). y�ay
of June 2019, to certify which witness my hand and seal of office.
Notary Public, State of :Eiexas
AUSTIN 59542-7004 25590v1
RIAeuse GARZA
My Notary ID t 12&C80115
Ellpinlt �30. 2020
AFFIDAVIT OF JOHN R. NELSON Page2
EXHIBIT B-l
QRfiggNAL Cause No. 0018-16903
REAL DIGITAL MEDIA, LLC, § [N THE DISTRICT COURT
Plainlifl' §
§
V. § 0F DALLAS COUNTY TEXAS
§
RESPARIO, LP, §
Defendant §
95‘” JUDICIAL DISTRICT
STIPU LATE!) CONSENT JUDGMENT
This matter having come before the Court by consent of all parties, and the terms being
consented to by all parties, it ishereby
ORDERED AND ADJUDGED that Defendant Respario, LP is liable to the Plaintifcha)
Digital Media, LLC in the amount ofThree Hundred Twenty Two Thousand One Hundred Eighty
'
Seven and 69:“100 Dollars ($322,l 87.69). Plaintiffshall be entitl immediut exccu -n on the
/
Stipulated Consent Judgnent afier entry by the Cl
SO ORDERED this '
%Q day of
AGREED
KdflJfl-a
M R. Nelson
State Bar No. 00797 l 44
Dickinson Wright PLLC
303 Colorado, Suite 2050
Austin, Texas 78701
5 l 2-770-4214 (Tel)
844-670-6009 (Fax)
jnelson@dickinsonwn'ght.com
Counsel for Plaintiff Real Digital Media, LLC
eilR. Burger
State Bar No. 24036289
Carrington, Coleman, Sloman & Blumenthal, LLP
901 Main Street, Suite 5500
Dallas, Texas 75202
214-855-3000 (Tel)
214-8554 333 (Fax)
nburger@ccsb.com
Counsel for Defendant Respario, LP
AUSTIN 59542-7004 21771v1
Preview
FILED DALLAS COUNTY 7/1/2019 4:01PM 1 WRIT/ 1 NOT ESERVE FELICIA PITRE DISTRICT CLERK DC-1 9-09358 CAUSE NOo JAVIER HERNANDEZ REAL DIGITAL MEDIA, LLC, § 1N THE DISTRICT COURT § Plaintiff/Garnishor, § § v. § § FROST BANK, § OF DALLAS COUNTY, TEXAS § Gamishee § § RESPARIO, LP, § § DefendantlJudgment Debtor § § § § 95th JUDICIAL DISTRICT § PETITION FOR POST JUDGMENT WRIT OF GARNISHMENT Plaintiff and Garnishor Real Digital Media, LLC ("RDM”) makes application the issuance of a post-judgment Writ of Gamishment against Garnishee Frost Bank, and respectfully shows the Court as follows: I. PARTIES Plaintiff Real Digital Media, LLC is an Ohio limited liability company which is authorized to do business in Texas. Garnishee Frost Bank (“Frost”), is a Texas State Financial Institution and a wholly- owned subsidiary of Cullen/Frost Bankers, Inc. Itmaintains its principal place ofbusiness at 100 West Houston Street, San Antonio, TX 78205. Frost can be served with process through its registered agent for service, Stanley E. McCormick, Jr., located at 100 West Houston Street, San Antonio, TX 78205. Judgment Debtor, Respario, LP (“Respario”), is a Texas limited partnership. Its last known address is 14800 Quorum Drive, Suite 475, Dallas, Texas 75254. II. FACTS On May 30, 2019, the Court signed a Stipulated Consent Judgment against Defendant Respario, LP (the “Judgment Debtor") (the “Judgment”). A copy of the Judgment is attached hereto as Exhibit “A.” The Judgment was rendered in a case styled Case No. DC—18-l6903; Real Digital Media. LLC v. Respario, LP, in the 95‘“ District Coun of Dallas County, Texas, and awarded RDM Three Hundred Twenty-Two Thousand One Hundred Eighty Seven and 69/100 Dollars ($322,187.69). See Exhibit “A.” The Judgment is final, valid, subsisting, and has not been stayed or superseded by bond. The Judgment remains completely unsatisfied. RDM is not aware of any property possessed by the Judgment Debtor in Texas that is unencumbered and subject to execution sufficient to satisfy the Judgment. RDM does not seek a Writ of Garnishment to injure Garnishee 0r the Judgment Debtor. Instead, RDM has reason to believe and does believe that Frost has monetary assets belonging to the Judgment Debtor. Specifically, the Judgment Debtor maintains an active bank account with Garnishee. See Exhibit “B” (Affidavit of John R. Nelson). III. AFFIDAVIT This application is supported by the Affidavit of John R. Nelson, a person having knowledge of the relevant facts. RDM is entitled t0 the issuance 0f a Writ 0f Gamishment on the grounds stated herein and in the Affidavit attached hereto as Exhibit “B”, which is hereby fully incorporated into this Application. IV. Petition for Post-Judgment Writ of Garnishment Page 2 AUSTIN 59542-7004 2451 0Q PRAYER FOR THESE REASONS, RDM respectfully requests that (i) a Writ of Garnishment be issued and served upon Garnishee Frost Bank; (ii) RDM be granted a judgment against Gamishee Frost Bank to satisfy the Judgment, along with all costs and interest allowed by law, and (iii)RDM be granted all other relief to which it isentitled. Respectfully submitted, 26......“— By: John R. Nelson State Bar No. 00797144 DICKINSON WRIGHT PLLC 607 West Third Street, Suite 2500 Austin, Texas 78701 Telephone: 5 l 2-770-42 l4 Fax: 344-670-6009 inelson@dickinsonwright.com ATTORNEYS FOR PLAINTIFF] GARNISHOR REAL DIGITAL MEDLA, LLC Petition for Posl-Judgment Writ of Garnishmcnt Page 3 AUSTIN 59542-7004 2451 0v2 EXHIBIT A ORQGENAL Cause No. 0048-16903 REAL DIGITAL MEDIA, LLc, § IN THE DISTRICT COURT Plainlq'fl' § § v. § 0F DALLAS COUNTY TEXAS § RESPARIO, LP, § Defendam § 95'“ JUDICIAL DISTRICT STIPULATED CONSENT JUDGMENT This matter having come before the Court by consent of all parties, and the terms being consented to by all parties, itis hereby ORDERED AND ADJUDGED that Defendant Respario, LP is liable to the PlaintiffReal Digital Media, LLC in the amount ofThree Hundred Twenty Two Thousand One Hundred Eighty ' Seven and 69IIOO Dollars ($322,: 87.69). Plaintiffshall be entitle/d/tfi immediat exccu n on the Stipulated Consent Judgment afier entry by the CI k of coung’“ so ORDEREnmis Egg) day of 20L? r LRESIDIN’GTUDG‘E M Kay” AGREED R. Nelson State Bar No. 00797144 Dickinson Wright PLLC 303 Colorado, Suite 2050 Austin, Texas 78701 5 l 2-770-42 l 4 (Tel) 844-670-6009 (Fax) jnelson@dickinsonwfight.com War Counsel for Plaintiff Real Digital Media, LLC N‘éil R. Bt'n'get State Bar No. 24036289 Carrington, Coleman, Sloman 8L Blumenthal, LLP 901 Main Street, Suite 5500 Dallas, Texas 75202 214-855-3000 (Tel) 214-855-1333 (Fax) nburger@ccsb.com Counsel for Defendant Respnrio, LP AUSTIN 59542-7004 21771v1 EXHIBIT B CAUSE NO. REAL DIGITAL MEDIA, LLC, § 1N THE DISTRICT COURT § Plaintiff/Gamishor, § § v. § § FROST BANK, N.A. § OF DALLAS COUNTY, TEXAS § Garnishee § § RESPARIO, LP, § § Defendant/Judgment Debtor § § § § 95th JUDICIAL DISTRICT § AFFIDAVIT 0F OHN R. NELSON THE STATE OF TEXAS § § COUNTY OF TRAVIS § BEFORE ME, the undersigned notary, on this day personally appeared John R. Nelson, a person whose identity is known to me, and after administration of the oath, stated as follows: I. “My name is John R. Nelson. I represent the Plaintiff in the above-referenced matter (the “Matter”). I am over the age of twenty-one (2|) years, have never been convicted of a felony or a crime of moral turpitude, and am competent and authorized to make this affidavit. I have personal knowledge of the true and correct facts stated below gained during the course of my dealings with the Judgment Debtor (as defined below) in this Matter. Plaintiff Real Digital Media, LLC (“RDM”) is the judgment creditor in this Matter. Plaintiff RDM is an Ohio limited liability company with its principal place of business in Dayton, Ohio. RDM is registered to conduct business in Texas as a foreign limited liability corporation. The name of the Judgment Debtor in this Matter is Respario, LP (the “Judgment Debtor”). Its last known address is 14800 Quorum Drive, Suite 475, Dallas, Texas 75254. AFFIDAVIT 0F JOHN R. NELSON Page 1 3. RDM owns a judgment against the Judgment Debtor (the "Judgment"). Attached hereto as Exhibit B-1 is a copy of the Judgment. The Judgment was rendered in a case styled Case No. DC-18-16903; Real Digital Media, LLC v. Respario, LP, in the 95th District Court of Dallas County, Texas, and awarded RDM Three Hundred Twenty-Two Thousand One Hundred Eighty Seven and 69/100 Dollars ($322,187.69). 4. The Judgment is final, valid, subsisting, and has not been stayed or superseded by bond. The Judgment is for a debt that is just, due, and unpaid. 5. The amount now due on the unpaid judgment is $322,187.69. 6. It is my understanding that the Judgment Debtor does not possess property in Texas that can be readily attached or levied on by ordinary legal process. 7. On information and belief, I have reason to believe that the Judgment Debtor has non-exempt property including, but not limited to the following: a) Assets in account(s) at Frost Bank This belief is based on personal knowledge. Further affiant sayeth not. £------- John R. Nelson SUBSCRIBED TO AND SWORN TO BEFORE ME by John R. Nelson on this ). y�ay of June 2019, to certify which witness my hand and seal of office. Notary Public, State of :Eiexas AUSTIN 59542-7004 25590v1 RIAeuse GARZA My Notary ID t 12&C80115 Ellpinlt �30. 2020 AFFIDAVIT OF JOHN R. NELSON Page2 EXHIBIT B-l QRfiggNAL Cause No. 0018-16903 REAL DIGITAL MEDIA, LLC, § [N THE DISTRICT COURT Plainlifl' § § V. § 0F DALLAS COUNTY TEXAS § RESPARIO, LP, § Defendant § 95‘” JUDICIAL DISTRICT STIPU LATE!) CONSENT JUDGMENT This matter having come before the Court by consent of all parties, and the terms being consented to by all parties, it ishereby ORDERED AND ADJUDGED that Defendant Respario, LP is liable to the Plaintifcha) Digital Media, LLC in the amount ofThree Hundred Twenty Two Thousand One Hundred Eighty ' Seven and 69:“100 Dollars ($322,l 87.69). Plaintiffshall be entitl immediut exccu -n on the / Stipulated Consent Judgnent afier entry by the Cl SO ORDERED this ' %Q day of AGREED KdflJfl-a M R. Nelson State Bar No. 00797 l 44 Dickinson Wright PLLC 303 Colorado, Suite 2050 Austin, Texas 78701 5 l 2-770-4214 (Tel) 844-670-6009 (Fax) jnelson@dickinsonwn'ght.com Counsel for Plaintiff Real Digital Media, LLC eilR. Burger State Bar No. 24036289 Carrington, Coleman, Sloman & Blumenthal, LLP 901 Main Street, Suite 5500 Dallas, Texas 75202 214-855-3000 (Tel) 214-8554 333 (Fax) nburger@ccsb.com Counsel for Defendant Respario, LP AUSTIN 59542-7004 21771v1