County Court at Law No. 5, Williamson County, Texas · Cause No. 24-0702-CC5
Aramcor, Inc. v. Tri Marsh Retail LLC
A common-area maintenance reconciliation dispute. Three orders signed the same day — the day of the contested hearing — struck the defendant's evidence, disposed of all four affirmative defenses for want of any evidence, and granted judgment in full. The defendant neither appealed nor paid until a constable arrived with a writ.
Role. Counsel for plaintiff Aramcor, Inc.
Fees. $28,929.12 in attorney's fees awarded.
What happened, in order
| Filed | Breach of contract on a CAM reconciliation, County Court at Law No. 5, Williamson County. | ||
| Response | Defendant responds with declarations from its principal and from counsel, and pleads four affirmative defenses: accord and satisfaction, lack of consideration, lack of contractual privity, and the Statute of Frauds. | ||
| Three motions set together | Objections to the defendant's summary judgment evidence; a no-evidence motion against the four defenses; and a traditional motion on the contract claim. | ||
| March 7, 2025 | All three granted, in sequence, at the contested hearing. The Avery declaration struck as contradicting the company's own discovery responses and as conclusory. The Wiley fee declaration struck as conclusory. No evidence found on any of the four defenses. Judgment for $44,658.57 in liquidated damages, $28,929.12 in attorney's fees, and post-judgment interest — final and appealable. | ||
| After | No appeal. No payment. Abstract and writ of execution; the defendant paid when a constable appeared to levy on the shopping center. | ||
Order Granting Plaintiff's Objection to Defendant's Summary Judgment Evidence
Exhibit — as signed
Order Granting Plaintiff's Objection to Defendant's Summary Judgment Evidence
CAUSE NO. 24-0702-CC5 ARAMCOR, INC., Plaintiff v. TRI MARSH RETAIL LLC, Defendant IN THE COUNTY COURT AT LAW NO. 5 WILLIAMSON COUNTY, TEXAS ORDER GRANTING PLAINTIFF'S OBJECTION TO DEFENDANT'S SUMMARY JUDGMENT EVIDENCE On this day, the Court heard Aramcor, Inc.'s objection to the summary judgment evidence submitted by Tri Marsh Retail LLC with its summary judgment response. The Court finds that the declaration of Bo Avery contradicts the discovery responses previously provided by Tri Marsh, including in its initial disclosures and interrogatory responses. Further, the Avery declaration is conclusory and does not provide any underlying facts with respect to any alleged breach by Aramcor. For both reasons, the statements in the Avery declaration concerning any breach by Aramcor are struck and inadmissible. The Court also finds that the declaration of Kevin Wiley is conclusory and does not provide any underlying facts with respect to billing entries or the reasonableness or necessity of attorney fees. The statements in the Wiley declaration concerning the reasonableness or necessity of attorney fees are struck and inadmissible. SIGNED on March 7, 2025. _______________________________ PRESIDING JUDGE
Transcribed verbatim from the file-stamped copy. Public record. Reproduced because a result a reader can verify is worth more than a result described.
Order Granting Plaintiff's Motion for No-Evidence Summary Judgment
Exhibit — as signed
Order Granting Plaintiff's Motion for No-Evidence Summary Judgment
CAUSE NO. 24-0702-CC5 ARAMCOR, INC., Plaintiff v. TRI MARSH RETAIL LLC, Defendant IN THE COUNTY COURT AT LAW NO. 5 WILLIAMSON COUNTY, TEXAS ORDER GRANTING PLAINTIFF'S MOTION FOR NO-EVIDENCE SUMMARY JUDGMENT On this day, the Court heard Aramcor, Inc.'s motion for no-evidence summary judgment on Tri Marsh Retail LLC's affirmative defenses of accord and satisfaction, lack of consideration, lack of contractual privity, and the Statute of Frauds. After considering the motion and Tri Marsh's response, the Court GRANTS Aramcor's motion and finds that there is no evidence to support Tri Marsh Retail LLC's affirmative defenses of accord and satisfaction, lack of consideration, lack of contractual privity, and Statute of Frauds. SIGNED on March 7, 2025. _______________________________ PRESIDING JUDGE
Transcribed verbatim from the file-stamped copy. Public record. Reproduced because a result a reader can verify is worth more than a result described.
Order Granting Plaintiff's Motion for Traditional Summary Judgment
Exhibit — as signed
Order Granting Plaintiff's Motion for Traditional Summary Judgment
CAUSE NO. 24-0702-CC5 ARAMCOR, INC., Plaintiff v. TRI MARSH RETAIL LLC, Defendant IN THE COUNTY COURT AT LAW NO. 5 WILLIAMSON COUNTY, TEXAS ORDER GRANTING PLAINTIFF'S MOTION FOR TRADITIONAL SUMMARY JUDGMENT On this day, the Court heard Aramcor, Inc.'s motion for traditional summary judgment on its breach of contract claim against Tri Marsh Retail LLC. After considering the motion and Tri Marsh's response, the Court GRANTS Aramcor's motion for summary judgment. Aramcor is awarded judgment for liquidated damages in the amount of $44,658.57, attorney's fees in the amount of $28,929.12 and post-judgment interest. This disposes of all claims and all parties and is a final appealable judgment. SIGNED on March 7, 2025. _______________________________ PRESIDING JUDGE
Transcribed verbatim from the file-stamped copy. Public record. Reproduced because a result a reader can verify is worth more than a result described.