NO.03-14-00267-CV

In the Court of Appeals

for the Third Judicial District of Texas

at Austin

DAISY WANDA GARCIA,

Appellant/Defendant,

v.

THOMAS LEE BAUMGARTEN,

Ap pellee/Plain tiff.

Appeal from the 201 st Judicial District Court

Travis County, Texas

Trial Court Cause No. D-I-GN-12-002429

APPELLEE'S NOTICE OF SALE OF PROPERTY

The trial court's April 18,2014 Summary Judgment that is the subject of this

appeal ordered that the parties sell the property at issue in the underlying litigation

(the "Exposition Property"). CR 666-69. Enforcement of the trial court's April 18,

2014 Summary Judgment has never been stayed and Appellant Daisy Wanda

Garcia never posted a supersedeas bond.

Consequently, the Exposition Property was sold to a third-party on July 2,

2015. A certified copy of the deed conveying the Exposition Property is attached

- 1 -

ACCEPTED

03-14-00267-CV

6041222

THIRD COURT OF APPEALS

AUSTIN, TEXAS

7/13/2015 3:07:07 PM

JEFFREY D. KYLE

CLERK

 RECEIVED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 7/13/2015 3:07:07 PM JEFFREY D. KYLE Clerk
to the Affidavit of Nicholas P. Laurent. See Exhibit A, Affidavit of Nicholas P.

Laurent and Exhibit A-I, Certified copy of deed.

Appellee Thomas Lee Baumgarten files this notice because the conveyance

of the Exposition Property may moot some of the issues currently being considered

by the Court.

PRAYER

Appellee Thomas Lee Baumgarten respectfully prays that the Court affirm

the trial court's April 18, 2014 Summary Judgment and grant him all other relief to

which he may show himself entitled.

Respectfully submitted,

Nicholas P. Laurent

State Bar No. 24065591

Raymond E. White

State Bar No. 21321950

MCGINNIS, LOCHRIDGE & KILGORE, L.L.P.

600 Congress Avenue, Suite 2100

Austin, Texas 78701

(512) 495-6000

(512) 495-6093 FAX

nlaurent@mcginnislaw.com

rwhite@mcginnislaw.com

By: lsi Nicholas P. Laurent

Nicholas P. Laurent

ATTORNEYS FOR APPELLEE

THOMAS LEE BAUMGARTEN

-2 -
CERTIFICATE OF SERVICE

I certify that a true and complete copy of the above and foregoing Appellee's

Notice of Sale of Property was sent by electronic mail and certified mail, return

receipt requested on this the 13th day of July, 2015 to the following:

Mr. Stephen Casey

Casey Law Office, P.C.

595 Round Rock West Drive, Suite 102

Round Rock, Texas 78681

(512) 257-1324

(512) 853-4098 (fax)

info@caseylawoffice.us

ATTORNEYS FOR APPELLANT

DAISY WANDA GARCIA

/s/ Nicholas P. Laurent

Nicholas P. Laurent

- 3 -
NO.03-14-00267-CV

In the Court of Appeals

for the Third Judicial District of Texas

at Austin

DAISY WANDA GARCIA,

Appellant/Defendant,

v.

THOMAS LEE BAUMGARTEN,

Appellee/Plaintiff.

Appeal from the 201 st Judicial District Court

Travis County, Texas

Trial Court Cause No. D-I-GN-12-002429

AFFIDAVIT OF NICHOLAS P. LAURENT

STATE OF TEXAS §

§

COUNTY OF TRAVIS §

I, Nicholas P. Laurent, being duly sworn state as follows:

"My name is Nicholas P. Laurent. I am an attorney in Austin, Texas and I

am counsel of record for Appellee in this lawsuit. I am over eighteen (18) years of

age, am of sound mind, have never been convicted of a felony, and I am fully

capable and competent to testify to and have personal knowledge of the matters

stated in this affidavit. Unless otherwise indicated, every statement of fact

contained herein is true and correct. EXHIBIT

A
"Attached hereto as Exhibit A-I is a true and correct copy of a Warranty

Deed that was executed by Appellee Paul Jennings Baumgarten, as independent

executor of the Estate of Thomas Lee Baumgarten, deceased, and Appellant Daisy

Wanda Garcia conveying the property at issue in the underlying litigation located

at 1901 Exposition Blvd., Austin, Texas 78703, more particularly described as

follows:

The south 70 feet of Lot 11, Block 18, Westfield A, a subdivision in

Travis County, Texas, according to the map recorded in Volume 3,

Page 107, Map Records, Travis County, Texas.

"The deed is recorded as Instrument Number 2015105083 in the official

Travis County, Texas land records.

"Further affiant sayeth not."

Nicholas P. Laurent

SWORN TO and SUBSCRIBED before me by Nicholas P. Laurent on this

the 13th day of July, 2015.

(Personalized Seal)

.<~~:~;;,;:... Tammy l Kurtz

!g..:.:.:AJ~\ Notary Public

\*i., 'pi{}S f State 01 Texas

\':?,~ ,~~l My Comrmssion Expires .' '2~...... SEPTEMBER 27, 2017

- 2 -
ELECTRONICALLY RECORDED

TRV

2015105083

4 PGS

NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU

MA Y REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM

ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT

IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY

NUMBER OR YOUR DRIVER'S LICENSE NUMBER.

Date:

WARRANTY DEED

Grantor: DAISY WANDA GARCIA AND PAUL JENNINGS BAUMGARTEN, INDEPENDENT

EXECUTOR OF THE ESTATE OF THOMAS L. BAUMGARTEN, DECEASED

Grantor's Mailing Address: Ir- ~wyv& {irk {d' IT-P ~I~;t~ 77:3 7'1

Grantees: RMD,INC.

Grantee's Mailing Address: 1901 Exposition, Austin, TX 78703

Consideration:

Cash and other good and valuable consideration, the acceptance of which is bereby

acknowledged by the signature of Grantor below. There is no lien, either expressed or implied, created

by the exchange of property. Any such lien is waived and released by Grantor.

Property (including any improvements):

The south 70 feet of Lot 11, Block 18, Westfield A, a subdivision in Travis County, Texas,

according to the map recorded in Volume 3, Page 107, Map Records, Travis County, Texas.

Reservations from Conveyance:

None

None

Exceptions to Conveyance and Warranty:

Grantor, for the Consideration and subject to the Reservations from Conveyance and the

Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property, together

with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to

Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs

and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's

heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same

or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance

and Warranty.
When the context requires, singular nouns and pronouns include the plural.

GRANTOR __

~r C;'''"''\ ,;L~ -, ~'

"..Y~1S¥~,®\ GARCL~===

GRAN-coR--~

EST'A1E OF THOMAS L. BAUMGARTEN,

DECEASED

PAUL JENNINGS BAUMGARTEN, fNDEPENDENT

EXECUTOR

State of Texas

County of hall;' 5

I, \/1'CJ(; Ah~4e}A ,aNoiaryPublicfortheStateof

Texas, do hereby certify that DArSY WANDA GARCIA, personally appeared before me on this day

and acknowledged the due execution of the foregoing instrument

State of Texas

County of~~~ ~ _

I, ,a Notary Public for the State of

Texas, do hereby certify that PAUL JENNINGS BAUMGARTEN, INDEPENDENT EXECUTOR for

Grantor, personally appeared before me on this day and acknowledged the due execution of the

foregoing instrument.

Witness my hand and official seal, this day of 2015,

Notary Public, State of Texas

2
When tile context requires, singular nouns and pronouns include the plural.

GRANTOR

DAISY WANDA GARCIA

State of Texas

County of_~_~~ _

I, , a Notary Public for the State of

Texas, do hereby certify that DAISY WANDA GARCIA, personally appeared before me on this day

and acknowledged the due execution of the foregoing Instrument.

Witness my hand and official seal, this day of 2015.

Notary Public, State of Texas

State ofTexa~ L.-- . «:

County of II vLI,t"'(' \ ./

I,-,-:-I\j-,\,-(\.-:.-Vl-,-:-:S._C...,..'_\,"",~,-.-,·\""r-,~,::::-:'::-c" ~:-:7~:-:::-:-:::-:-=::::::-::-' a Notary Public for the State of

Texas, do hereby certify that PAUL JENNJNG' AUMGARTEN, INDEPENDENT EXECUTOR for

Grantor, personally appeared before me on this day and acknowledged the due execution of tile

foregoing instrument.

Witness my hand and official seal, this g:p+ tdr;y ~f_."I-':'-=~+-

~~

Notary Public, State of Texas

AFTER RECORDING RETURN TO:

2

MARISA K KIRKSEY

My Commission ExpIres

August 2, 2017

fJjJ'
FILED AND RECORDED

OFFICIAL PUBLIC RECORDS

DANA DEBEAUVOIR, COUNTY CLERK

TRAVIS COUNTY; TEXAS '

July 02 2015 03:49 PM

FEE: $ 38_00 2015105083