NO. 03

- 15 -00464-CV

IN THE COURT OF APPEALS

FOR THE

THIRD SUPREME JUDICIAL DISTRICT

AT AUSTIN, TEXAS

VICTORY CHEVAL HOLDINGS, LLC, GARRETT JENNINGS

AND CASTLE CROWN MANAGEMENT, LLC,

Appellants

v.

DENNIS ANTOLIK, VICTOR ANTOLIK

and CHEVAL MANOR, INC.,

Appellees

APPELLANTS' FIRST AMENDED MOTION FOR CONTEMPT

AND REFERRAL TO TRIAL COURT

TO THE HONORABLE COURT OF APPEALS:

Pursuant to T.R.A.P. 29.4, Appellants, Victory Cheval Holdings, LLC, Garrett

Jennings, and Castle Crown Management, LLC move the Court to find Appellees,

Victor Antolik, Dennis Antolik, and Cheval Manor, Inc., in contempt of the agreed

portion of the Temporary Injunction now on interlocutory appeal before this Court as

follows: ACCEPTED

03-15-00464-CV

7089903

THIRD COURT OF APPEALS

AUSTIN, TEXAS

9/24/2015 4:21:53 PM

JEFFREY D. KYLE

CLERK2

1. Subsecti on B of the Temporary Injunction sets forth agreed injunctive

relief that the parties agreed to in open Court and the Court ordered enforced.

Subsection B6 provides as follows:

"Dennis Antolik, Victor Antolik, and Cheval Manor, Inc. shall keep all

of the thirteen (13) horses that may be owned by them or business

entities owned by them, or under their control, restrained behind a gated

and secured fence...."

2. Appellants have failed to keep the horses restrained behind a gated and

secured fence. Failur e to keep the horses restrained behind a gate d and secured fence

was the cause of prior damage to the polo field and injury to persons on the property.

It was probably the primary reason for the Court entering a temporary injunction.

3. This C ourt, by or der dated September 10 , 2015, has previously ordered

Appellees' Motion for Contempt against Appellants referred to the trial court, The

Honorable Karin Crump, for an evidentiary hearing pursuant to T.R.A.P. 29.4(a).

Judge Crump has scheduled that hearing for 9:00 a.m. on September 30, 2015.

Appellants respectfully request that the Court enter its order referring this Motion for

Contempt for evidentiary hearing at the same time before Judge Crump.

WHEREFORE, Appellants respectfully pray that the Court ent er its order

referring this matter to Judge Crump for an evidentiary hearing pursuant to T.R.A.P.

29.4(a), and for general relief.3 Respectfully submitted,

/s/ Kemp Gorthey

Kemp W. Gorthey

State Bar No. 08221275

Kendall L. Bryant

State Bar No. 24058660

T HE G ORTHEY L AW F IRM

604 West 12th Street

Austin, Texas 78701

Tele: 512/236

- 8007

Fax: 512/479

- 6417

Email: kemp@gortheylaw.com

Email: kendall@gortheylaw.com

ATTORNEY FOR APPELLANTS,

GARRETT JENNINGS and

CASTLE CROWN PROPERTIES

MANAGEMENT, LLC

and

/s/ Peyton Smith

PEYTON N. SMITH

Attorney in Charge

State Bar No. 18664350

Brian L. King

State Bar No. 24055776

REED & SCAR DINO LLP

301 Congress Avenue, Suite 1250

Austin, Texas 78701

Tel: 512/474

- 2449

Fax: 512/474

- 2622

psmith@reedscardino.com

A TTORNEY FOR A PPELLANT,

VICTORY CHEVAL HOLDINGS,

LLC4 CERTIFICATE OF CONFERENCE

On September 24, 2015, I received an email from counsel for Dennis

Antolik stating the A ppellee s agree to Appellants’ request t o refer Appellants’

M otion for Contempt to Judge Karin C rump of the 250 th Civil District Court of

Tra vis County, Texas for hearing at the same time as the Apellees ’ motion set for

Sept ember 30 , 2015.

/s/ Kendall L. Bryant

Kendall L. Bryant

CERTIFICATE OF SERVICE

By my signature above, I hereby certify that a true and correct copy of the

foregoing Appellants' Motion for Contempt and for Referral to Trial Court has been

forwarded to Appellees' attorneys on this 2 4th day of September, 2015, as follows:

Mark Taylor Via Email: MarkT@hts

- law.com

Taube Summers Harrison

Taylor Meinzer Brown LLP

100 Congress Avenue, Suite 1800

Austin, Texas 78701

Donald R. Taylor Via Email: dtaylor@taylordunham.com

Isabelle M. Antongiorgi Via Email: ima@taylordunham.com

Taylor, Dunham & Rodriguez, LLP

301 Congress Avenue, Suite 1050

Austin, Texas 78701

Jack P. Bacon Via Email: hotbacon@me.com

3839 Bee Caves Road, Suite 100

Austin, Texas 78746