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NO. 06-16-00001-CV

IN THE 

SIXTH COURT OF APPEALS 

AT 

TEXARKANA, TEXAS 

 

CARL STORCK AND VICKI STORCK 

v.

TRES LAGOS PROPERTY OWNERS’ ASSOCIATION, INC. 

 

IN CAUSE NO. 10,964 

FROM THE SIXTY-SECOND JUDICIAL DISTRICT 

FRANKLIN COUNTY, TEXAS 

 

APPELLANTS’ BRIEF 

 

Gene Stump

 SBOT No. 24048824 

 P.O. Box 606 

Mount Vernon, TX 75457 

 Ph: (903) 305-9079 

 Fax: (903) 588-2272 

 ATTORNEY FOR APPELLANTS 

 July 6, 2016 

 

ACCEPTED

06-16-00001-CV

SIXTH COURT OF APPEALS

TEXARKANA, TEXAS

7/6/2016 5:30:34 PM

DEBBIE AUTREY

CLERK

 FILED IN 6th COURT OF APPEALS TEXARKANA, TEXAS 7/7/2016 8:43:00 AM DEBBIE AUTREY Clerk
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IDENTIFICATION OF PARTIES AND COUNSEL

Trial Court level:

(A) Appellants and Plaintiff/Counterdefendants

Carl and Vicki Storck

Counsel for Plaintiff

Gene Stump

Attorney at Law

P.O. Box 606

Mount Vernon, TX 75457

Ph: (903) 305-9073

Fax: (903) 588-2272

genestump@yahoo.com

(B) Defendant/Counterplaintiffs

Tres Lagos Property Owners’ Association, Incorporated

153 Azalea Lane

Mount Vernon, TX 75457

Pro se

(C ) Appellee and Intervenor

Larry Wright

 Attorney at Law

P.O. Box 144

Winnsboro. TX 75494

Ph: (903) 342-1089

Fax: (903) 342-1088

Pro se

lawyerwright@msn.com
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TABLE OF CONTENTS

Identity of parties and counsel......................................................2

Table of contents......................................................................3

Index of authorities....................................................................4

Statement of the case..................................................................5

Issues presented........................................................................7

Statement of facts......................................................................8

Summary of the argument...........................................................9

Argument

Point presented for review number one...................................10

THE COURT SHOULD SET ASIDE THE JUDGMENT IN THIS CASE 

DUE TO POST-JUDGMENT INTERVENTION

Prayer...............................................................................14

Appendix......................................................................after 15

Certificate of Service

Certificate of Compliance
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INDEX OF AUTHORITIES

(Guaranty Federal Savings Bank v. Horseshoe Operating 793 S.W.2d 652, 

at 657 (Tex 1990)). ................................................................10

(First Alief Bank v.White , 682 S.W.2d 251, at 252 (Tex 1984))..............10

Civil Practice and Remedies Code Section 31.002.............................11

Texas Mutual Insurance Company v. Olivas, 251 S.W.3d 31, at 36 (Tex 

2008))............................................................................................................11

Texas Rules of Appellate Procedure Section 24.2(a)(1)........................12

 
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STATEMENT OF THE CASE

 This is an appeal to set judgment aside due to post-trial intervention. 

Appellants are Carl Storck and Vicki Storck, and Appellee is Larry Wright, 

Intervenor. This is an appeal out of the 62nd Judicial District in Franklin 

County, Texas. 

This case was originally tried before the court and appealed to the 

Sixth Court of Appeals. Appellants appealed to the Supreme Court of Texas 

and petition was denied. After the appeal in this case, the trial ruled in a 

subsequent case, Cause Number 11,223, that the Board of Directors of Tres 

Lagos Property Owners’ Association, Incorporated (TLPOA) was invalid,

and that all actions taken by the TLPOA Board of Directors since September 

29, 2007, are void, which time includes the duration of this lawsuit ( Cl. Rec.

at 13,15).

Appellants filed a Motion to Release Cash Bond to Appellants and 

subsequent amended motions (id at 5, 10, 51). The cash bond in question 

was tendered by Appellants for purposes of Writ of Supersedeas for appeal

(id at 5). TLPOA released the Judgment in the case by board resolution and 

filed an affidavit for Release of Judgment signed with authority by the 

Treasurer of TLPOA (id at 26, 28). Another affidavit for Release of 
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Judgment was signed by the association President and filed (id at 62). 

Attorney Larry Wright, former attorney for TLPOA, filed a Petition in 

Intervention seeking to intervene, have release of judgment set aside, and for 

the cash bond to be released to him for attorney fees. The trial court set 

aside the release of judgment and allowed intervention, ordering the cash 

bond to be released to Larry Wright (id at 84). Appellants filed Motion for 

New Trial and Notice of Appeal ( Cl. Rec. at 95, 93).
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ISSUES PRESENTED

I. Whether the Court should set aside Judgment in this case due to postjudgment intervention.
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STATEMENT OF FACTS 

After the appeal process, the trial court ruled in Cause Number 11,223 

that the TLPOA Board of Directors were an invalid board of directors as of 

September 29, 2007, and that all actions taken by the TLPOA Board since 

that time were void ( Cl. Rec at 13, 15). This time period encompasses the 

entire duration of this lawsuit. Appellants filed a motion and amended 

motions to release the cash bond that was tendered to the registry of the trial 

court for purpose of issuance of a Writ of Supersedeas on appeal (id at 5, 10, 

51).

TLPOA released the Judgment in this case by board resolution and an 

affidavit for Release of Judgment signed with authority by the association’s 

Treasurer (id at 26, 28). Attorney Larry Wright petitioned the court to allow 

post-judgment intervention, to set aside Release of Judgment, and release the 

cash bond in question to him. Another affidavit for Release of Judgment 

was signed by the association President and filed (id at 62). The trial court 

granted post-judgment intervention, set aside the Release of Judgment, and 

ordered the cash bond to be released to Larry Wright (id at 84).

 
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SUMMARY OF THE ARGUMENT

I. The Court should set aside judgment in this case due to post-judgment 

intervention.
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ARGUMENT

I.

THE COURT SHOULD SET ASIDE THE JUDGMENT IN THIS CASE 

DUE TO POST-JUDGMENT INTERVENTION

The Court should set aside the Judgment in this case due to postjudgment intervention. Post-judgment intervention may be brought only by 

a party who could have brought all or part of the same action in its own 

name, or, if the action had been brought against it (intervenor), the 

intervenor is not a proper party who would have been able to defeat recovery 

(Guaranty Federal Savings Bank v. Horseshoe Operating 793 S.W.2d 652, 

at 657 (Tex 1990)). Larry Wright in this case was not a member of Tres 

Lagos Property Owners’ Association, Inc., during the time of this lawsuit 

and therefore had no standing to bring the claims of this lawsuit against 

Plaintiffs or be sued by Plaintiffs as a member or representative of the POA. 

Larry Wright could not have sued Plaintiffs for any claims in this lawsuit.

A Petition in Intervention filed post-judgment may only be considered 

if the trial court sets aside the judgment, unless an exception applies (First 

Alief Bank v.White , 682 S.W.2d 251, at 252 (Tex 1984)). A Petition in 
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Intervention is too late unless a) intervenor does not attack the existing 

judgment but seeks to protect property interests under Civil Practice and 

Remedies Code Section 31.002, or b) intervenor is a subrogee whose interest 

is at first adequately represented by someone else who later abandoned the 

claim (Texas Mutual Insurance Company v. Olivas, 251 S.W.3d 31, at 36 

(Tex 2008)). 

Civil Practice and Remedies Code Section 31.002 states that 

collection of judgment through court proceedings by a judgment creditor 

only applies if the property cannot be readily attached or levied by way of 

ordinary legal process, or is not exempt from attachment, execution, or 

seizure. The attorney fees originally assessed by the Court in this case were 

attached to the Final Judgment and the Abstract of Judgment filed in this 

case. Furthermore, a money judgment is generally not exempt from 

attachment, execution, and/or seizure. The Judgment in this case was in 

favor of TLPOA, not Larry Wright. In that regard, Larry Wright has 

obtained a judgment against TLPOA for the entire amount of attorney fees 

assessed in this case (1

st Supp. Cl. Rec.), and intervention in this case is 

improper and not permitted by law. Therefore, Civil Practice and Remedies 

Code Section 31.002 does not permit this exception.
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This case is not a lawsuit dealing with subrogation issues or any 

subrogated rights. This lawsuit was between two parties, with no third-party 

claims, no payment of damages by a third-party, and therefore does not fall 

under the subrogee exception. No evidence of a subrogee has been 

submitted in this case, and, as this Writ of Supersedeas was secured by a 

cash bond held in the registry of the Court, no property interest of any kind 

has been abandoned.

The cash bond held by the trial court for Writ of Supersedeas cannot 

be held in constructive trust for Larry Wright because attorney fees are not 

part of the cash bond pursuant to Texas Rules of Appellate Procedure 24.2. 

According to Texas Rules of Appellate Procedure Section 24.2(a)(1), a bond 

for purposes of appeal shall include only compensatory damages, interest for 

the estimated duration of the appeal, and costs, not attorney fees. Therefore, 

attorney fees are not part of the cash bond tendered for Writ of Supersedeas 

in this case, and cannot be considered held in constructive trust for attorney 

fees.

Furthermore, Larry Wright testified at this hearing that he had not 

been paid anything toward attorney fees awarded in this case ( Ct. Rep. Vol. 

1, p. 8). However, at the original trial, Larry Wright elicited testimony on 
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direct examination that he had been paid partial payments in this matter by 

TLPOA ( Ct. Rep. Vol. 2, p. 177, Motion for Declaratory Judgment and 

Trial). In respect to the trial court setting aside the release of judgment, no 

evidence was presented which would allow the trial court to enter such 

judgment (see Ct. Rep., Vol. 1).

The Court should set aside judgment in this case due to improper postjudgment intervention.
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PRAYER

Appellants respectfully pray the Court to set aside the Judgment in 

this case due to post-judgment intervention. 
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APPENDIX
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Certificate of Service

I hereby certify that a true and correct copy of the above Appellants’

Brief will be served the following individuals by Certified Mail, Return 

Receipt Requested, within two (2) business days of electronic filing and 

acceptance on July 6, 2016.

Larry Wright

Attorney at Law

P.O. Box 144

Winnsboro, TX 75494

CRRR#7012 3050 0000 6608 7854

Tres Lagos Property Owners’ Association, Inc.

153 Azalea Lane

Mount Vernon, TX 75457

CRRR#7012 3050 0000 6608 7861

/s/ Gene Stump

Gene Stump

Certificate of Compliance

I hereby certify, to the best of my ability, that this Petition for Writ of 

Mandamus contains 1598 words.

/s/ Gene Stump

Gene Stump