Notice of Appeal – Page 1

No. 29842

Knighthawk, LLC, Series G § In the District Court of

Plaintiff §

§

§

v. §

§

Val Verde County, Texas

§

B & P Development, LLC and 

Chad H. Foster, Jr.

§

§

Defendants § 83rd Judicial District

Notice of Appeal

TO THE HONORABLE JUDGE OF SAID COURT:

Come Now, B & P Development, LLC and Chad H. Foster, Jr., who are 

defendants in this case files this Notice of Appeal. In accordance with Rule 25, Tex. 

R. App. P., Defendants shows as follows:

1. This Court signed a Judgment in this case on May 1, 2015. Post-judgment 

motions, including a Motion for New Trial, were filed by the Defendants, 

and the Court modified its judgment signed on May 1, 2015, and signed a 

new judgment on June 25, 2015. A copy of the Amended Judgment is 

attached as Exhibit A.

2. Defendants filed a Motion for New Trial on July 17, 2015.

3. Defendants filed a Motion for Judgment Notwithstanding the Verdict on 

July 17, 2015.

ACCEPTED

04-15-00575-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

9/15/2015 1:30:00 PM

KEITH HOTTLE

CLERK

04-15-00575-CV

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 09/15/2015 1:30:00 PM KEITH E. HOTTLE Clerk
Notice of Appeal – Page 2

4. Defendant desires to appeal this case to the 4th Court of Appeals at San 

Antonio, Texas. 

Respectfully submitted,

/s/ Greg White

Greg White

State Bar No. 21329050

P.O. Box 2186

Waco, Texas 76703

254.307.0097 (voice)

866.521.5569 (fax)

greg.white@texapplaw.com

Attorneys for Defendants
Notice of Appeal – Page 3

Certificate of Service

I hereby certify that a true and correct copy of the foregoing was sent to the 

person(s) named below, by electronic filing and mailing the document by first 

class mail (and by other means stated below) on September 15, 2015.

Via e-mail: bspindler@langleybanack.com

Bruce K. Spindler

Langley & Banack, Inc.

401 Quarry Street

Eagle Pass, Texas 78852-4520

Via e-mail: Dearl@earl-law.com

David L. Earl

Earl & Associates, PC

601 NW Loop 410, Suite 390

San Antonio, Texas 78216

Via e-mail: ggaines@patelgaines.com

Grant M. Gaines

Patel Gaines, LLP

14414 Blanco Road, Suite 320

San Antonio, Texas 78216

/s/ Greg White

Greg White
Notice of Appeal – Page 4

Exhibit A
29842

KNIGHTHAWK, LLC, SERIES G,

PLAINTIFF

VS.

B&P DEVELOPMENT, LLC AND

CHAD H. FOSTER, JR.,

DEFENDANTS

IN THE DISTRICT COURT OF

83RD JUDICIAL DISTRICT

VAL VERDE COUNTY, TEXAS

FINAL JUDGMENT

On the 20th day of January, 2015, the Court called this case for trial. Plaintiff/CounterDefendant Knighthawk, LLC, Series G ("Knighthawk") appeared in person by and through its

authorized corporate representative and through its attorneys. Defendants/Counter-Plaintiffs

B&P Development, LLC ("B&P") and Chad H. Foster, Jr. ("Foster") (collectively

"Defendants") appeared in person and by and through its authorized corporate representatives

and through their attorneys. The parties both announced ready for trial. The Court determined

that it had jurisdiction over the subject matter and the parties to this proceeding. The Court then

impaneled and swore in the jury, which heard the evidence and arguments of counsel.

Following the close of evidence and the arguments of counsel, the Court submitted

questions, definitions, and instructions to the jury in the Charge of the Court. In response, the

jury returned a verdict that the Court received, filed, and entered as the verdict. A true and

correct copy of the Verdict is attached hereto as Exhibit A (the "Jury Verdict").

The Court, having reviewed the Jury Verdict, hereby has resolved to RENDER and ENTER

this Final Judgment. It is therefore

ORDERED, ADJUDGED, DECREED and DECLARED that the Deed, legal description and

survey, attached hereto as Exhibit B ("Martinez Survey"), sets forth and describes the true and

FINAL JUDGMENT

PAGE 1 OF 4
correct location of the boundary line between the Plaintiff's real property reflected by the tract

described in the Deed recorded in Volume 263, Page 37, Deed Records, Val Verde County,

Texas ("Knighthawk Property") and B&P's real property reflected by the tract described in the

Deed Recorded in Volume 182, Page 107, Deed Records, Val Verde County, Texas ("B&P

Property"), and B&P's has no right, title, lien, estate, or interest in or to the real property

contained within the Martinez Survey, save and except however, any current encroachments on

the Knighthawk Property as constructed by B&P are permissive encroachments and shall remain

in place until such time as they are removed or the parties-in-interest thereto agree otherwise,

and any subsequent owners of the Knighthawk tract shall take title in that tract subject to the

same. It is further

ORDERED, ADJUDGED and DECREED that Knighthawk is awarded Judgment against B&P

for damages in the amount of $120,000 for B&P's improper use and occupancy of the

Knighthawk Property in the past. It is further

ORDERED, ADJUDGED and DECREED that Knighthawk is awarded Judgment against B&P

for damages in the amount $130,000.00 for B&P's improper use and occupancy of the

Knighthawk Property in the future.

It is further ORDERED, ADJUDGED and DECREED that Knighthawk take nothing on its

claims asserted against Foster, and Defendants' take nothing on their counterclaims against

Knighthawk. It is further

ORDERED, ADJUDGED and DECREED that Knighthawk is awarded pre-judgment interest

in the amount of $17,789.97, calculated at the rate of 5% per annum, to be compounded

annually, on the actual damages awarded by the jury in the amount of $120,000.00 from June 18,

2012, through and including April 11, 2015. It is further

FINAL JUDGMENT

PAGE 2 OF 4
ORDERED, ADJUDGED and DECREED that Knighthawk is awarded post-judgment interest

at the rate of 5% per annum, on all amounts awarded to Knighthawk in this Judgment until paid

in full. It is further

ORDERED, ADJUDGED and DECREED that Knighthawk is awarded Judgment against B&P

for its reasonable and necessary attorneys' fees and expenses in the amount of $90,000.00. It is

further

ORDERED, ADJUDGED AND DECREED that Knighthawk is awarded post judgment

attorney's fees in the amounts and under the circumstances as follows:

(a) $7,500.00 if Defendants file a restricted appeal; that is unsuccessful;

(b) $7,500.00 for each petition for writ of mandamus that Defendants may

file that is denied or dismissed;

(c) $15,000.00 if Defendants file a notice of appeal; that is unsuccessful;

(d) $15,000.00 if Defendants file a petition for review, and such petition is not

granted; and

(e) $15,000.00 if Defendants file a petition for review that is granted, but the

Judgment of the Court of Appeals is not reversed.

It is further

ORDERED, ADJUDGED AND DECREED that Plaintiff shall have all writs of execution and

other process necessary to enforce this judgment, and it is ORDERED that a return is to be made

of the writ showing how it was executed. It is further

ORDERED, ADJUDGED and DECREED that all costs of court are hereby taxed against

Defendant, B&P Development, LLC. ,4 c 4. v =pia A 4K, J

J ) s re IF 'a f4.4 ‘-

NA/\ et THIS JUDGMENT DISPOSES OF ALL ISSUES AND ALL PARTIES. ALL

RELIEF NOT GRANTED HEREIN IS DENIED. THIS IS, IN ALL THINGS, A FINAL

AND APPEALABLE JUDGMENT.

FINAL JUDGMENT

•,••

6r

6\9

PAGE 3 OF 4
Signed this 2-5- day of June, 2015.

APPROVED AS TO FORM ONLY;

NOT APPROVED BY DEFENDANTS

AS TO SUBSTANCE:

By:

GRANT GAINES

Texas State ar No. 24074241

ggaines@patelgaines.com 

RAHUL B. PATEL

Texas State Bar No. 24072274

rpatel@patelgaines.com 

PATEL GAINES, PLLC

14414 Blanco Road, Suite 320

San Antonio, TX 78216

(210) 460-7787 Telephone

(210) 460-7797 Facsimile

DAVID L. EARL

Texas State Bar No. 06343030

dearl@earl-law.com 

EARL & ASSOCIATES, P.C.

601 NW Loop 410, Suite 390

San Antonio, Texas 78216

(210) 552-1500 Telephone

(210) 222-9100 Facsimile

ATTORNEYS FOR PLAINTIFF

Honorable Judge Stephen B. Ables

By:

FINAL JUDGMENT

, 

BRUCE K. SPINDLER

State Bar No. 18947050

MICHAEL C. BOYLE

State Bar No. 0297600

CATRINA PURCELL LONGORIA

State Bar No. 24047179

LANGLEY & BANACK, INC.

401 Quarry Street

Eagle Pass, TX 78852

(830) 773-6700 Telephone

(830) 757-4045 Facsimile

ATTORNEYS FOR DEFENDANTS

PAGE 4 OF 4
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EXHIBIT

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Kt.itii DISTRICT JUDGES PAGE 02/0G

N0,19847,

allarramvic, LLC, SERIES G. ..

... . .

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13 ScP DEVELOPMENT, TAX AND )(

C33AD FOSTERy JR- )( V.41, VERDE CODNIT, TEXAS

. . 1N THE DISTRICT COURT

83RD St1DICIAL.DISTRICT

Ca 01A C

lvIBKBERS OF ME JURY:

This ease is submitted to you liy asking ClUd.3110113 about the Bleb!, which you must decide

from the evidence you have heard in this trial, You are the sole Judges of the credibility of the

iviclaesaes and the weight to be given their testimony, but in, matters of law, you. must be governed

by the instructions intbis Charge. In discharging your re3p04151birty on this just', you will observe

all the instructions which 'Ave previously been, given you. X shall now give you additional

you should carefully and stingy follow dating your delibevuions.

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1, Do not let bias, prejudice or sympathy play any pact in your deliberations.

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2. In arriving ;it your answers, er:wider only te evidence introduced here under oath

and such exhibits, if any, as have been introduced for your consideration under the rulings of the

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Court, that is, whatyou have seen, and heard in this courtroom, togother with. the law as given you

by the Court. layout deliberations, you will not consider or discuss as that is not represented

byte evidence la this case,

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3. Shine every anavterthat la required by the Charge in Important, no juror should state —4

or consider that any required answer is not important.

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6;0.4 4UPI 0.41.1 YJ.ti, V...tfat-4474 Ktxti UlUIRIU 1 JUDGES PAGE 03/0G

4, You must not decide who Ivo think should win, and then try to answer the questions

accordingly. Shnply answerthe questions, and do not discuss nor concernYourseives-with the' effect

.. of your answdrs. •

5, You will rkot decide the answer to a question by lot or by drawing moms; or by any

other method of ohanoe„Do not return a quotient verdict. A. quotient -verdict ratans thatthejuxors

agree to abide by the result to be reached by adding together eachjurot's figures and dividing by the.

number °flux= to get an average, Do not do any trading on your ansWers; that is, one juror should.

not ;Igoe to answer v- certain, question one way if others will agree to answer mother stiegioa

another way.

6. You twast renderyo urverdiat upon Cho vote often or more members of the jury. The

same ten or more of you must agree upon all ofthe answers madc and to the entire verdict. Yoinvin

not, therefore, enter into an agreement to be bound by a -majority or any other vote of less than ten

ittrorS, If the verdict and all of the answers therein are reseheri by unanimous agreement, the

presiding juror shall sign the vordlot for the entire jury. If anyjuror disagrees as to any answer ros,dt

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by the vu—dict, those jurors who agree to all fa:Wings shell each sign the verdict, a.

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7, You are instaucted that you are tiotte eilove yourselves to bc influenced tuay degree

whatsoever by whet you might Think or surmise the opinion Of the Court to be. The Contt has no 23

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right IV any word or act to indicate any opinion respecting any matter of fact involved in this case,

nor to indicate any desire respecting its outcome. The Court has notintended to express way opinion

upon any matter of fact in, this case; and, if you have observed anything which you have or may

interpret as the Court's op Inloaupon any matte]; offset in this case, you must wholly disregard such,

EL It is your duty es a juror to consult with your fellow jurors and to deliberate With a

VicW to reaching an agreement, ifyou can do so without violencet o indivi duet judgment. You must

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ts11 Wit LC.1.1061 u7.4I 0.11.1I OLA.C74 Mr(rt UsIt111-1 J1JUUM Vf4.*.

decide the essc for yourself, butdo so only after an impartial censideration ofthe eyidencewithyour

fellovdmrs. In the course of your deliberation, do not hesitate to reexamine your views and to

..... ...... ....... . .

..........

.... ...... ebtuage your opinion on any rriattaf If COtiViaced it is enonerms. However, do not surrender your

honestconyintions as to theweightofeffect of evidence solelybooause ofthe opinion ofyourfzilow

jurors, or far the mere purpose or returning lave-raid,

These instructions are given you because your conduct is subject to review the seine 45 that

of the Witteisms, Parties, attorneys arid the nudge. if it should be found that you have disregarded

eny of these instructions, it will be jurynalscoadnet arid it may require another-1dpi by another jury;

then all of our dyne will have been wasted.

The presiding jutvc or any other who observes a violation of the Courts instructions shall

immediately warn the one who is violating the same and ett.utIon the juror motto do so again.

After you retire to the jury room, you will =lea your own presiding juror.

It is the duty of the presiding Juror:

(1) to preside during your deliberations,

(2) to see that your deliberations are conducted in an orderly manner and in accordance

with the instructions ha this Charge,

(3) to write outand band to the balliffeny communications concerning the case that you

desire to have delivered to the judge,

(4) to vote on the questions,

(S) to write your answers to the questionsin tha spaces -provided, and

(e) to oar* to your verdict In the sprieeprovided for the presiding jurorti signature or

to obtain the signatures of all jurors who agree with the verdict if your verdict is less than

unanimous.

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01,4orAtlaU 07.46 OW11744474 Ktmm Dawlixul LJUbUt PAGE 05/86

You should not discuss the ease with anyone, 13Jzt eVenWith Other mernbors ofth Only, unless

all of you are present and assembled in the jury room, Should anyone attempt to tall( to Y01 8,1?91# ..... - • • • ...

..... ....

!the ease before. the verdlotis returned, Viietlter .,, at the courthouse, at yourhome, or elsewhere, please

'inform the Judge of this fact.

When words ON Used ill this Charge in, a. sense which varies from the meaning commonly ,

understood, yea are given a proper legal deftnitIon, which you are bound to accept In place deny

other meaning.

your an41.ver to all qu'estions must be based on a preponderance of hile*avidenee. The term

'preponderance of tile evidence' means the greater weight and degree of otectible testimony or

evidence introduce?, before you and admitted in thia case.

When you have answered all the questi ons on are required to answer under the instructions

of the Judge and your presidingjuror has placed your answers in he spaces provided and signed the.

verdict is presiding-juror or obtained the signature,s,youwill inform the baill flat the door oftho jury

roam, that you have reached a. verdict, and then you will return into court with your verdict,

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, 0/29/2015/WED 11:04 AM Patel Gaines FAX No.210-460-7797 P. 013/034

DEFINITIONS

1. "Defendants" refers to Chad It Foster, Sr. andE&P Development, LLC,

.....

Su

............

2. "KnIghttiravIc-Prepen51" means the !Tact of land deitii-lbediti:theMartinervey

and owned by Plaintiff Xnighthawk, LLC, Series G.

3. ")3cfrY Develepntent Prepay)," means the property located at 615 E. Gibbs Street,

DeI Rio, Val Verde County, Texas, currently owned by Defendant B&P

Development, LLC, and described in the Rnthe Survey,

4. "Martinez Survey" means the property survey of the Knighthawk Property

performed by Abner Martinez and dated October 16, 2007.

5. "Trent Survey" refers to the survey by David Trent dated lanuary 20, 1966.

G. "Rothe Survey" tefets to the survey of the 13&P Development Property performed

by Charles Rothe and dated January 12, 2012,

7. "Proximate cause" means that cause which, in a natural and continuous sequence,

produces an event, and without which cause such event would not have occurred.

In order to be a proximate cause, the act or omission complained of must be suoh

that person of ordinary care would have foreseen that the event, or Some similar

event, might reasonably result therefrom. There may be more than one proximate

cause of an event.
AFT/29/2015/WED 11:05 AM Patel Gaines FAX No, 210-460-7797 P.014)034

QUESTION NO.

Following all applicable laws and rules or construction, which of the following two surveys

more accurately shows the location of the Boundary Line?

"Boundary Line" refers to the boundary line between the .nighthawk Property and. the 138413

Development Property as described in the 1966 David Trent Survey.

Plane an "X" next to one survey:

Martinez Survey:

Rothe Survey:
APP/29/2015/WED 11:05 AM Patel Gaines FAX 1o.210-460-7797 P. 015/034

If you. answered "X" to the "Martinez Survey," in Question 1 then answer

Question 7, if not go to Question

accoN

5 QUESTION NO. 7' ha ti l

What sum of money, if any, if (p i d noW in cash, would fairly and reasonably compensate

Plaintiff for Defendants' use and , if any, of the I(nighthawlt Property7

Do not include in your ausWer any amount that you find Plaintiff could have avoided by the

exercise of reasonable care.

Answer separately in dollars and cents for damages, If any.

I. Damages sustained in the past.

Answer: $414,11012. Ori) 

2. Damages that, in reasonable probability, will be sustained In the future.

Answer. $ .,2AO f&vs

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AFR/9/2015/WED 11:05 AM Patel Gaines FAX NO. 210-460-7797 P. 016/034

If you answered "X" to the "Rothe Survey" to Question 1 , then the following

Question is limited to the Plaintiff's property falling outside the Rothe Survey.

QUESTION tiO.

. ....... . . .

Did Defendants trespass on the Krilghthawk Property?

A "trespass" occurs when a person enters another person's land without consent, A trespass

occurs when one intentionally commits an act, or when one intentionally falls to act, when that

act or failure to act violates a property right, or would be practically certain to have that effects.

Defendants are liable for the actions of their employees that were performed within the scope of

their employment by Defendants, and Defendants ate also liable for the actions of their

independent contractors if Defendants retained control aver details of their work.

A person is not acting as en employee if he is acting as an. "independent contractor." An

independent contractor Is a person who, in pursuit of an Independent business, uodertalces to do

specific work for another person, using his own means and methods without submitting himself

to the control of such other persons with respect to the details of the work, and who represents

the will of such other persons only es to the result of his work and not as the means by which

accomplished.

"Intentionally" in this context refers an act or failure to act by one or both. Defendants. As long

as the act or failure to act is intentional, it is not necessary that either Defendant intended to•

commit trespass.

Answer "Yee or "No" for each of the following:

B & P DEVELOPMENT, LLC

CHAD H. POSTER, Sit.

Cpl

Answer: 6 (2,.. 

Answer: %,) 0
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If you answered "Yes" to Question 3 above for more than one of those named

below, then answer the following question. Otherwise do not answer the

following question.

QUESTION NO. ...........

For each Defendant that you found trespassed, write their percentages of

responsibility below.

Assign percentages of responsibility to only those you found =sod or contributed to

cause the trespass. The percentages you thici must total 10014 percent. The percentages must be

expressed in whole numbers. The percentage of responsibility attributable to any one is not

necessarily measured by the number of acts or omissions found. The percentage attributable to

any one need notbe the same percentage attributable to that one in answering another question.

For each person you found caused or contributtd to cause the trespass, find the

percentage of responsibility attributable to each.

13 & P DEVELOPMENT, LLC

CHAD H_ FOSTER, JR-

(1)

Answer: tOr) %

Answer: ,42YTOTAL: 100%

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•

lf,you answered "Yes" to any of portion of Question , then answer Question

) .

QUESTION NO.

. ........... . . ... . . 

'Whitt amount of money, if paid now in cash, would fairly and reasonably compensate

Plaintiff for its injury or injuries, if any, proximately caused by Defendants' trespass?

Consider the elements of damages listed below and none other. Consider each element

separately. Do not award any stun of money on any element if you have otherwise, under some

other element, awarded a. sum of money for the same loss. That is, do not compensate twice for

the same loss, if any. Do not Include in your answer any amount that you find Plaintiff could

have avoided by the exercise of reasonable care. Do not include interest on any amount of

damages you find:

a. the costs of restoring the property, if any, to its prior condition.

Answers iit dutlars and cents for damages, Wetly

A.uswer:$

b. the impairment, If any, and inconvenience, if any, caused to the Plaintiff; and

Answers in dollars and cents far damages, if any

Answer: $

o. Loss ef income, if any, from Plaintiffs land.

Answers la dollars and cents for damages, If any

Answer:$
APR/29/2015/WED 11:06 AM Patel Gaines FAX No. 210-460-7797 P. 019/034

If you answered "Yes" to Question 3 and $0.00 damages to Question 7 ,

then answer Question

QUESTION' NO. IP

What sum of money, if any, should Defendants pay to Plaintiff as nominal damages for

trespassing on the ICnigh th avirk Proper ty 2

If you find, after considering all the eVidence presented, that Defendants committed a trespass,

but Plaintiff suffered no injury as a result of the trespass, you may award Plaintiff "nominal

damages" as recognition that Plaintiff's rights have been violated.

You may also award nominal damages if, upon finding that some injury resulted from a given

unlawful aot, you find that you are unable to compute monetary damages except by engaging in

pure speculation and guessing.

You array not award both nominal and compensatory damages to Plaintiff; that is, either Plaintiff

was measurably injured, in which case you must award compensatory damages, or else Plaintiff

was not, in which case you may award nominal damages.

Answer in dollars and cents for each Defendant. Nominal damages may not be awarded for

more than a token sung.

B & P DEVELOPMENT, LLC Answer: $ 4,000 .

CHAD FOSTER, Ia. Answet7 $ 

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QUESTION NO.7 

Did Plaintiff publish the following statements?

. .... . . .

• "• """*".. -"PUbliSh" means to intentionally or negligently communicate the matter to a person,

other than Chad H. Faster, Jr„ who Is capable of Understanding its meaning.

A. That Chad Foster, Jr, forged the signature of H. Doak Neal to the two November

17, 2011 correction deeds?

Answer 'Yes" or "No."

ANSWER: c-> 

5. That Chad H. Foster, Jr. stole land owned by the Plaintiff.

Answer 'Yee or "No."

ANSWER: 

C. That Chad H. Foster, Jr. falsiged and recorded general file numbers on the two

November 17, 2011 correction deeds?

Answer "Yes" or "No."

ANSWER: 

D. That Chad H. Foster, Jr, has stolen the land of other people from Del RIo.

Answer "Yes" or "No."

ANSWER:

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if you answered "Yes" to any subpart of Question 1 ,, then answer the folloWing

question; otherwise, do not answer the following question.

QUESTION NO.

Was any statement to which you answered "Yes" in Question No. 1

defamatory concerning Chad H. roster, Jr.?

"Defamatory" means an ordinary person would interpret the statement in a way

that tends to injure a living person's reputation and thereby expose the person to public

hatred, contempt, ridicule or financial injury, or impeaches the person's honesty,

integrity, virtue or reputation, or falsely charges a person with the commission of a'

crime.

In deciding whether a statement is defamatory, you must construe the statement

was a whole and in light of the surrounding circumstances based upon how a person of

ordinary Intelligence would perceive it,

Answer "Yes" or "No" as to each of the following statements to which you

answered "Yes" in Question No. Do not answer as to any of the following

statements to which you answered "No" in Question Non .

A. That Chad Foster, Jr. forged the signature of H. Doak Neal to the two November

17, 2011 correction deeds?

Answer "Yee or "No"

ANSWER: , 

S. That Chad H. Foster, Jr. stole land owned by the Plaintiff.

Answer 'Yes" or 'No"

ANSWER: 13 a__

C. That Chad H. Foster, Jr. falsified and recorded general file numbers on the two

November 17, 2011 correction deeds?

Answer "Yes3r "No"

ANSWER: 1.e5 

D. , That Chad H. Foster, Jr. has stolen the land of other people from Del Rio.

Answer "Yes" r "No"

ANSWER:

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If you answered "Yee' to any subpart of Question 6., then answer the following

question; otherwise, do not answer the following question.

QUESTION • • ....... ..... •

Were any of the following statements false at the time It was made as It related to

Chad H. Foster Jr.?

"False" means that a statement Is not literally true or not substantially true. A

statement Is not "substantially true" if, In the mind of the average person, the gist of the

statement Is more damaging to the person affected by it than a literally true statement

would have been.

Answer "Yes" or "No" as to ,ach of the following statements to which you

answered "Yes" in Question No. ,`A , bo not answer as to any of the following

statements to which you answered "No" in Question Na.%.,,

A. That Chad Foster, Jr. forged the signature of H. Doak Neal to the two November

17, 2011 correction deeds?

Answer "Yes" or 'No"

ANSWER:

B. That Chad H. Foster, Jr_ stole land owned by the Plaintiff.

Answer."Yes" or "No"

ANSWER: \n 

C. That Chad H. Foster, Jr. falsified and recorded general file numbers on the two

November 17, 2011 correction deeds?

Answer "Yes:1,pr "Na"

ANSWER: -4P...5 

D. That Chad H. Foster, Jr. has stolen the land of other people from Del Rio,

Answer ''Yes" or "No"

ANSWER;

ta,e 14 611/0002A0 94020 ID° CO 3
APT/29/.2015/WED 11:07 AM Patel Gaines FAX 110,210-460-7797 P, 023/034

If you answered 'Yes' to one or more subparts of Question 9_, then answer the

following questlon; otherwise, do not answer the following question.

.QUESTION NO. -1:11

What sum of money, if paid now in cash, would falrly and reasonably

compensate Chad H. Foster, Jr. for his injuries, if any, that were proximately caused by

any statement to which you answered 'Yee In Question No. 9 ?

Consider the elements of damages listed below and none other. Consider each

element separately. Do not award any sum of money on any element if you have

otherwise, under some other element, awarded a sum of money for the same loss. That

ls, do not compensate twice for the same loss, If any. Do •not inolude Interest on any

amount of damages you find.

Answer separately in dollars and cents for each of the following elements of

damages, if any:

1, injury to Chad H. Foster, Jr.'s reputation sustained in the past.

ANSWER: 

2. Injury to reputation that, in reasonable probability, Chad H. Foster,

sustain in the future,

ANWER: 

3, mental anguish that Chad H. Foster, Jr. sustained in the past.

ANSWER: 

4. mental anguish that, in reasonable probability, Chad H. Foster, Jr. will

sustain In the future.

ANSWER: 

L & 914612,j0002/La940209,DoW5 4

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APR/29/2015/WED 11:07 AM Patel Gaines FAX No. 210-460-7797 P. 024/034

If you answered "Yes" to any subpart of Question q , then answer the following

question; otherwise, do not answer the following question.

....QUESTION NO..11.. • ..... ----••••••••••• • . ....... ........ ..

What SUM. of money, If paid now in cash, would fairly and reasonably

compensate Chad H. Faster, Jr, for his actual pecuniary loss, if any, that was

proximately caused by any statement to which you answered "Yes" in Question No.

`;\ 

Consider the elements of damages listed below and none other, Consider each

element separately. Do not award any sum of money on any element if you have

otherwise, under some other element, awarded a sum or money for the same loss, That

is, do not compensate twice for the same loss, if any. Do not include Interest on any

amount of damages you find.

Answer.separately in dollars and cents for each of the following elements of

damages, if any,

all lest profits sustained by Chad H. Foster in the past

ANSWER: .9 

all lost profits that, In reasonable probability, Chad H. Foster Jr. will sustain

in•the future

ANSWER: 

all reasonable and necessary attorneys' fees (including responding to the TIEC

Complaint) that Chad H. Poster has Incurred in defending himself against Seversoree

claims

ANSWER: 

all reasonable and necessary attorneys' fees that, in reasonable probability, Chad

H. Foster likely will Incur In the future in defending himself against Severson's claims

ANSWER:

QUESTION NO,

1461110007A0940209.00aIS 5
, An/29/2010ED 11:08 Ali Patel Gaines FAX NO10-460-7797 P. 025/034

el

Question No. 12..

If you found that any of the statements to be defamatory, then answer this Question.

Did Plaintiff make the defamatory statements without actual malice?

You are instructed that Plaintiff acted without actual malice if Plaintiff made

statements

I. without knowing that they were false, and

2. without reokless disregard as to the truth of the statements.

Answer "Ye? or "No"

Answer: 

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CgilTIFICATE

We, thejury, have answered the above and foregoing questions as herein indicated, and

herewith retUrn. Sarno into court as our verdict

I certify that the jury was unanimous in answering the following questions:

Answer "All" or list questions: All

_ 10.4r7 4.4A-4-1

SIDZIG ROM. I

Printed Nam- ,e,ffresiding juror: ,

11.7 -Ppntsk,

(If th,e answers to some questions were not unanimous, the jurors who agreed to these

answers must certify as follows)

We agree to the answers to the following questions;

List questions: 

Jurors Signatures Jurors' Printed Names

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, ill/29/2015/ED 11:08 Alf Patel Gaines FAX No. 210-460-7797 P, 027/034

10 ANN CERVANTES

DISTRICT CLERK

VAL VERDE COUNTY

P.O. Box 1544

100 E. Broadway

1st Floor

Del Ftlo, Texas 78841-1544

THE STATE OF TEXAS

COUNTY OF VAL VERDE

SANDY L GARCIA

CHIEF DEPUTY

Civil (830) 774-7538

ChUd Support (030) 774-7540

Jury (630) 774-7541

. CrirnInalfigvenile (830) 774-7539

Asst. Civil (830) 774.7536

Fax (030) 774-7643

1, jo ANN CERVANTES, District Clerk In and for Val Verde County, Texas, do hereby

certify that the above and foregoing isa true and correct copy of:

CHARGE OF THE COURT

In suit number 29842 styled:

KNIGHTAWK,LLC., SERIES G

VS,

B &P DEVELOPMENT, LLC AND CHAD H. FOSTER, IR,

as the same appears of record in my office in the 83°JUDICIAL DISTRICT COURT Minute nook

No. 113, page 0) 466-483.

WITNESS MY HAND AND OFFICIAL SEAL OF OFFICE in Del Rio, Val Verde County, Texas,

this 13th day of February,2015.

10 ANN CERVANTES, DISTRICT CLER;k

63°& 83°I strict Courts

Val Verde/ nty, Texas 04

By: )1(14t1 11 //142-1

eputy
,APR/29/2015/WED 11:08 AM Patel Gaines FAX No.210-460-7797 P, 028/034

EXHIBIT B
, APR/29/2015/'ED 11:0B AM Patel Gaines PAX No.210-460-7797 P, 029/034

Less hteolgr111171sass

902:530ZU

o

WARRANTY DEED WIT/1 VENDOR% LIEN re

NOTICE OF CONFIDENTLAIZIY RIGHTS: IF YOU ARE A NKruam.p_EttsoN, YOU • • .. • - -

MAY" REMOVE OIL sputa ANT OR' lUara. OF THE FOLLOWING INFORJVIATION mom AR? INSTRUMENT THAT TRANSFERS AN INTEREST IN RIALTROPERTY

BEFORE Cr IS MED FOR RECORD IN PIE -PUBLIC RECORDSt YOUR SOCIAL

SECURITY NUMBER DR YOUR D/IIVMS tscENsg ilumnEn.

THE STATE OF TEXAS

cowry/ OF VAL VERDE 

SNOW ALL MEN BY THESE PRESENTS:

7

THAT nOLANDIS ELSA-Was AND WITE,,ANDELMA sANTDS,hereicskr gilled "Ora ;ow" (whether

one or more), for aid In eansIdeadon of the turn orTct Dotlen (510.00) and othc Bond end ssloble

somIderotion to Creator paid by rvictirumm,Lcc., tuseIes/tsr piled "Ocent::-(wIu• her oat or more),

th: Semis* of whleh 11 brushy sokewoledged std cnitfesterl,00d Ihr, Ember contrelerallon of the oxcetalan

ind &limy by mkt Grantee of one emssIn Prornlory Note In the rtroipal sum of f 111.7.50.00, of ono o

dale hoe with,issysbly to the crtic of ivacaloVIA.ILUD:, NATroriAL.ASSOciAlLai Icitteeener called

-Glongnive, balking Irttaut at Ott rat theseht pro-Ad* gild Nate esuostang the until reasonable

attorneys fee cIsoso and vadat= scr.derstIon of angualv tholes In as; of default, sod Ischli sorbed by 7 I

Vendoes Lim and sopcdor dile retsina h1trin LI EV/Wed said LIortgaw, and bdtg also soured hr. • 2 t

TOneadjocv.orIsTwi d dax.tim-cwith from Crra:1:1 VISTE1 WC. A VIRGO.; CORron-ATION ,

WNEEEAS, hltuvenes bas., r1 Ihospeels1 In. lee cad Iteptect all3farasc, tuTd Lo Gluier e Donlon or

the rotrJr...sa prim. Of the proraty la-c.cinaticr deaddbed, et inattdal hi the alsotozepoibrel Note, Said

VCOdOel Urn opinct Fad ProPesTrcuin!the Prireellt of sad NotebEreby wiped, trttufstrral and

Mumps.. h„,d,,,„,„,1,1to odd Mont,sio= th tali seneriet iitIc to xeld firdpe:Ty.

tabrolainc said hlartgattx to 214 614 riGhl: ttrottNts a- Mentor In the prcnieet 1.7.vIride rle441

EMI

renudoe ke2 OW1TSO, SOLD end CONVEYED, and by thes5 (K=Ettl.S arras GRANT, SELL one

CONVEY utile ssld arenL=, ths following daraibell plopsty, - le-wh:

5.1111ATED IX V.LL vEVDECoOtriV, TEXAS. AND sutra APIT.OXIMAYZIA DX/ AC1Lt5 OF

LAND, OUTor AND ?,,51. rumati 110.5, Lsi OP/ OWN 1/1 S_F-A-ht.* L CO. *inomstort, 137 a at otam, twine tf0.151 3/4 IN TIIE NAME OR.ToIliq gEttiLE ,110

6E1Plo T116 SANE riloPERIV ogsattoro 175 DEED Okra) A.uausr 3,L7/3,mila

Laura tin-soti, GUARS:Mit; TO /GUN L DPOtOlt .rtt. or tlECOAD IN VoLintlX113.

PAOIE3 aftas Or TILE DEE° RECORDS Ott VAL 712tOr. CO Mu, TEXAS, SATO PROPERTY

NonEp,UKT;e111.4.11.1X DESC4L1BEO ay AttTES At D aOlzros Lstrnorr

A-rrAcHzo Reitcro rttlo rmcorooa.,/14-mo trnrdat.

'co MINE AHD to HOLD eic nhavvtlezdhaI scrntra. torthss- Al ant! tlaialu. Oa right; Ind

aptoutensoms thstetrr.to' is aayriro hclonetua unto said Grantee, bars zed 0,11hies, forayer, AA

does herby bind hIttocli, rsegolms and attminbtrii90, towernnt eras fortvrr driertd all

and riiipou raid ft-Athos unto said Manioc. h h.dr; end situps staled rimy patoa wlsomyor.ttr

Ant IL11;. clelratter,o7 in clelm tho ssrno twiny pcii ihsrea%

r,se i err poses

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,APR/29/2015/WED 11:09 AM Patel Gaines FAX No.210-460-7797 P, 030/034

1:12.5150;a0

Igors tas ilto tommt >TV havo beta prol:11.1d thdr szymmt iy assoniad by Grarat.

ïn~aqa/r/ancaiarnadesabjrstmanyanda.y:N

rerardanainat rnatalarldnee chsracr lagoL>L ‘vtah uty Ifs setudril Mia minima= charges, smis; (ams,

ordirranceo at rounitipol sotlior olher govanmeoul suáeides,eo:.dldaartnd covessoi, Itmy, mellmblo

ta zsd totorombls o:altist dte áovt-dtsnatri 'Kopen; ss room. Iq lemma; at th: Couttri Cieo:t otsild

Coontt.

rht we ot my persoon buein tD =fer u Gfinbr Dr Glifilet0.111)511mmd e romp rtrerzzg cien

thgtlia Ctradlor andtor Crrantm may ba sa indivhluol (aittits mie ar tetratt), s ctrporstion, a otrtotritio or

s tiolto ot two or mors Indh'idostri M71Qr1119715 ara/or Pumrtoloo, and nimo thls DM la mand by or

s torpordoo, ur Motst, Iha orortlo toccutors and orlrgolitrotore' or nulro and ssilegto" shalt,

orithrtaimminsochtorporationtirtromcc,httonstroolletneta•noc:pousandsjgge.

11 B "Pft2MY agrood tlrat dia %doe:, Usa la ratabiad to Woot slikt paytt critld Hak apinn die

,bovelicocritord property, pmmlmo tact iroporkoitras, won sald Hots god all lotemo !humt; abn hm

haai ktly prid natrirtlfrig m 1Se IJ--rms 13=tot, whto Ihb D=d rhall br,ennt abiatutg,

0 D

EXECUTED In/ 17TH dar/ amen::m.1;07.

Ta 

ROS-ltrOn fl-a/mos AtiGttata S

ST./14TS 01 r.agt35.______, COUITCY OF id. 4511(5 ,

11)9 kit-Unleid teoz stko ortledst hatora rat eo (r1

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L., II Al ne. Imam la

AU. THAT CERTAIN =Act' oo. FARM. OF LAND, 3 mill= IN 'Mt crryf nEL rijo. coo,,,,y or

vu, wag, Ann STATE orrcu.. Atm piny DOT OF AM A rAATo F SE No.3, iNimastox . •

st. o? tr.'T. CO MMIF'S SUOINVISICh/ OF onlouw.Futti,y a. icon Ini-re 0,kur

OF ;cm MENU. IIEnic uE4cE=EO JIMA worm AS Frm0WS;

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go tt. ERE 76MTE0G116f#31noiiTrism-AvrestAbSiingln ityaFiT. 1.

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LOIA _01_ !MEET EDIALAR. . EU nATED R ARV 10..129c, O

REDD ttbEu IN YOE. In, PACES OT-10i. DEED MOO KM OF YAL YEW/ COMM.

THENCE. WITH EOM MOT LINE Or AVENUE I, 41' Om" C., 131.13 FT., To A !V CRON 7

DOJO SET ON TUE WEST UNE OF CONTEILSE. %TAUT; 7

FF.RCE

THENIZE, %VIM

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E WFSTVI.LY UNE OF CONv t055sTSZ. ET 315' ITN- W, 92,2 5 FT.

CORN

TH

Ti (MEE, 1 31' S5'3V \t', 19.7J Fr„ TO A FED, 0L 001111SIt.

ritENd, N 49' sow tP, 117.12 rr., TO A FENCE Gamut,

IltENCE, 5 SI IV W ca.91 FT., TO A FENCE COMER,

MUM S 11'1191° TY, 4.123 FT, TO A FENCE caltslEv.

TMCV, 11 I' 4T31" ZLIS Ft. TO A ma comm.

FILENCE, Nal' .11,2 i" e, 70.LS PT., TO A FENCE CORNER,

IMS.FLAND.

35'34" E. 7,1-00 FT. TO THE PEACE OF SE004,000, Afir. callram% two

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Voluniu 1103. Doges 37'09 Of lho Neil Records ni Vol Verde County, Toxin.

Ourtirtisor ;P.ndell Severson ,

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