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Photo of Collin County

Court

Collin County

Texas

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Case Information

Filed 2023-08-14
Status Closed
Type Consumer/commercial/debt
Docket 51 entries
Disposition final judgment

Parties

Plaintiff Stewart, Harry
Defendant Dream Pool Construction Inc.
Photo of Hon. Dismissal For Want Of Prosecution (8:30 Am) (judicial Officer Nowak, Christine)

Judge

Hon. Dismissal For Want Of Prosecution (8:30 Am) (judicial Officer Nowak, Christine)

Collin County (TX)

Texas

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Lawyers

Docket Entries

  1. Deputy Reporter Statement Deputy Court Reporter Statement
  2. Plaintiff's Original Petition (OCA) $350.00 Plaintiffs' Original Petition
  3. Letter Requesting Citations
  4. Request for Citation $8.00
  5. Citation Dream Pool Construction Inc. Served 09/04/2023 Returned 09/05/2023 Gunderson, Thomas Served 09/04/2023 Returned 09/05/2023
  6. Service Return Citation - Thomas Gunderson - Served
  7. Service Return Citation - Dream Pool Construction, Inc. - Served
  8. Original Answer Defendants' Original Answer and Counterclaim
  9. Administrative Order Order signed 9/29/2023 to transfer to the 493rd Court. Order scanned into minutes.
  10. Original Answer Counter-Defendants Malak Stewart and Harry Stewarts' Original Answer to Counterclaim
  11. Letter Letter with Jury Fee
  12. Letter Re: Jury Fee
  13. CANCELED Motion to Enter (1:15 PM) (Judicial Officer Nowak, Christine) Agreed Discovery Control Plan/Scheduling Order Entered Motion to Enter DCO
  14. Jury Trial Requested $10.00
  15. Jury Trial Requested $10.00
  16. Discovery Control Plan and Scheduling Order Discovery Control Plan and Scheduling Order (Level 1 or 2 - Civil)
  17. Motion Plaintiffs; Motion to Compel Defendants' Discovery Responses and for Sancations
  18. Amended Motion Plaintiff's First Amended Motion to Compel Defendants' Discovery Responses and for Sanctions
  19. Motion to Withdraw Timothy Azevedo's Unopposed Motion to Withdraw and Substitute Kyle Carney as Attorney in Charge for Defendants
  20. Notice of Appearance Notice of Appearance of Kyle Carney and Designation as Lead Counsel for Defendants
  21. Motion for Continuance Joint Motion for Continuance and Modification of the Scheduling Order
  22. Affidavit Affidavit Concerning Cost and Necessity of Services
  23. Order of Withdrawal of Counsel Order Granting Timothy Azevedo's Motion to Withdraw and Substitute Kyle Carney as Attorney in Charge for Defendants
  24. Pre Trial (9:30 AM) (Judicial Officer Nowak, Christine)
  25. Order Order RE: Plaintiff's Exhibit List
  26. Order Order RE: Defendant's Exhibit List
  27. Judge's Docket Entry Pre-trial conference held. Appearances stated. Discussion re: exhibits; plaintiff presented hard copy; defendant failed to provide hard copy - directed must provide before COB today. Orders entered on exhibits. Conditional pre-admission merely means no objections will be made to exhibit to trial; Parties must still offer exhibit/use with a witness at trial. No objections to witnesses. No deposition designations. No intepreter required. Motion for Continuance denied. Parties #2 trial. Parties limited to 2 hours/side (open 15 min); voir dire 20 min./side. Joint charge to be provided to court in word doc no later than 9/30 @ 8AM.
  28. Order Order RE: Plaintiff's Motion In Limine and Incorporated Order
  29. Witness List Plaintiffs' Witness List
  30. Exhibit List Plaintiffs' Exhibit List
  31. Proposed Jury Charge Plaintiffs' Proposed Jury Charge
  32. Proposed Jury Charge Defendants' Proposed Jury Instructions
  33. Exhibit List Defendants' Exhibit List
  34. Witness List Defendants' Witness List
  35. Rule 11 Agreement Rule 11 Agreement - Discovery Response Deadline
  36. Defendant's Defendants' Jury Demand
  37. Notice Defendants' Rule 193.7 Notice
  38. Rule 11 Agreement
  39. Jury Trial (9:00 AM) (Judicial Officer Nowak, Christine)
  40. Judge's Docket Entry Case called for jury trial day #1. Defendant again moves for continuance based on illness of client. Court denies continuance; finds motion is not supported by affidavit of doctor. Additional housekeeping items. Panel qualified; voir dire proceeds. Jury empaneled (seated and sworn). Openings presented. Court in recess for lunch. Reconvene. Plaintiff calls witness #1 (M. Stewart - Ex. Admitted P 1, 15, 2, 21, 7, 8, 22, 9, 4, 3, 5, 11, 13, 12, 14); witness #2 (Gunderson - Ex. P 1, 2); witness #3 (Clark - Ex. P6, 19). Plaintiff rests. Jury excused; Defendant moves for directed verdict on DTPA, fraud, negligent misrepresentation, TUFTA, alter ego/piercing claims. Court grants in part on DTPA, grants as to fraud, TUFTA withdrawn, grants on alter ego/piercing. Proposed final charge provided to Parties. Defendant calls witness #1 (Gunderson); witness #2 (T. Azevedo - Ex. Admitted - D9). Defendants rests. Plaintiffs close. Defendants close. Jury excused. Formal charge conference held. Court adjourned.
  41. Jury Trial Requested $10.00
  42. Motion for Continuance
  43. Attorney Order for Continuance of Trial Denied Order on Motion for Continuance
  44. Judge's Docket Entry Case called for jury trial day #2. Plaintiffs move for trial amendment and inclusion of additional question in charge. Court hears argument; grants trial amendment. Parties confirm issue of fee segregation reserved for and/or shall be submitted to the court by agreement; no waiver of issue/objection by submission of question in charge. Charge read. Closing arguments presented. Defendant moves for trial amendment; untimely. Jury deliberations. Deliberations in recess for lunch. Parties agree to release alternate. Jury Deliberations reconvene. Jury note received; counsel confirms response. Jury deliberations cont. Jury deliberations conclude. Verdict returned. Defendant moves for judgment notwithstanding the verdict. Court denies. MTE set for Nov. 1 @ 9:30AM.
  45. Deputy Reporter Statement Deputy Court Reporter Statement
  46. Jury Charge
  47. Jury Chosen (OCA) Panel Selection Report
  48. Motion Plaintiffs' Motion for Judgment
  49. Motion to Enter (9:30 AM) (Judicial Officer Nowak, Christine)
  50. Judge's Docket Entry Case called for hearing. Parties appear and announce have now agreed on form of final judgment. Court receives and signs Final Judgment.
  51. Mailed Judgement Letters

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