After almost four years of dealing with the issues surrounding our property, and almost three years of litigation; late this afternoon we received an email; not a personal telephone call, but an email from our attorney informing us that the judge presiding over our matter had ruled.
"Judge threw out your case. You need to fill out the affidavit to show your inability to pay for a record. I can file a notice of appeal and get you started on the appeal. Appeal is tough but your only choice. Judge Q is on their side.
Sent from my iPhone"
I got up and went to the other room where Mike was and couldn't catch my breath and collapsed on the floor in front of him.
Mike: "Netty, what's wrong!?!"
Me: "He threw out our case."
Mike: "What!"I couldn't stop sobbing. Sitting on the ground I could barely breath and I couldn't get further than crawling over and putting my head on Mike's lap as we both held each other in complete disbelief and despair.
Me: "The Judge, he threw out our case."
This is so evil. So very wrong and leaves us with so many questions. Real Estate Fraud, Perjury and Discovery Abuses; all allowed to occur with no consequences? And while we, the victims of this wrongdoing suffer the loss of everything?
The information below was found via the internet and is all public information. How or if these pieces form a puzzle of small community politics, or if they are simply coincidences magnified by the trauma of recent events, who knows. Our blogs are simply heart pourings; overflows from the surmounting circumstances.
Judge Q is "Judge Graham Quisenberry" who has been residing over our matter since the onset. Back in April of 2011 the defendants replaced their legal representation from that of Blake Cox at the lawfirm of Law, Snakard & Gambill to Chris Christopher D. Collins at the lawfirm of Barlow Garsek & Simon, LLP.
I can not go so far as "stating" what our attorney texted as fact, but there is an interesting coincidence with regard to the new lead counsel for defendants. In an online article found at "Superlawyers". The article is linked here.
"When Chris Collins stepped away from his passion for playing music, he discovered that he enjoyed it even more.
Collins, 37, a partner at Barlow Garsek & Simon in Fort Worth, grew up in a musical family and befriended a guitarist named Cody "Bear" Quisenberry while enrolled at Texas Tech University. The two men started a band called Passenger and, with Collins handling lead vocals, poured out soulful rock 'n' roll covers and original songs that earned a respectful fan base in Texas nightclubs.
Between 1991 and 1998, Passenger played nearly 200 gigs a year. Collins and Quisenberry intended to make music full-time for the rest of their lives, but somewhere along the way reality sunk in. "In 1997, I was getting married and needed something to fall back on," Collins says.
He enrolled at St. Mary's University School of Law in San Antonio, but continued to play with Passenger through his first year of law school. Eventually, both he and Quisenberry put music on hold to figure out the rest of their lives.
"Bear and I both struggled with the decision greatly," Collins says. "We knew it was the responsible thing to do, but we had to make ourselves do it rather than really wanting to do it."
In 2003, four years after he graduated from law school, he and Quisenberry (who became a successful insurance salesman), recruited new musicians and revived Passenger, which now plays 15 to 20 shows per year. Collins says stepping away from his first love was one of the best decisions he ever made.
Cody "Bear" Quisenberry is apparently also known as Cody "Graham" Quisenberry; as in Judge Graham Quisenberry. He is the nephew of our presiding judge. The same judge who just recently ruled against us in every motion presented by the new defense counsel, despite our very strong motions involving allegations of perjury, failure to discover critical evidence and a request for a "Death Penalty Sanctions."
According to information on the internet and an article, I believe an interview with the Weatherford Democrat; it appears that the judge's son graduated from the same high school, Aledo High, in the very same year as the older daughter of one of the two remaining defendants, the sellers' Realtor.Passenger
Type of Work:Musical workRegistration Number / Date:Date of Creation:1998Title:Passenger.Description:Compact disc + lyrics sheets.Copyright Claimant:Cody Graham Quisenberry, 1971-Notes:10 songs.Authorship on Application:words & music: Cody Graham Quisenberry & Christopher Dean Collins, 1973-.Performer:Performed by Passenger.Names:Cody Graham Quisenberry 1971-
Christopher Dean Collins 1973-.
Passenger.
Granted, that information in itself is proof of nothing; perhaps this is all simply a matter of profound coincidence. However, this is a small community, and the coincidences leave us with questions, feeling very uneasy overall. We are not conspiracy theorists, but the quick transition of defense lawyers and the fact that these people run in common circles leaves us feeling very uncomfortable.
So many questions. How did the defendant's find this attorney out of all the defense attorneys in the area? Why did their file get sent to a Dallas firm only to be moved yet to another firm about ten days later? There may be a viable explanation. Our attorney was allegedly communicating with the lawyer from this newly retained Dallas firm and working with the court to schedule hearings and a trial date. Then out of the blue the changing of the guard again and this Dallas firm is gone and here comes the defense attorney / rock star? Why? How?
On April 7th, 2011 we received an email from our attorney informing us of the new law firm representing the defendants,Quilling, Selander, Lownds, Winslett and Moser, P.C , and asked me to find out what I could about the attorney assigned to the file, Brett Lee. And yet on April 19th, 2011 we are forwarded new communication between yet another law firm.
Then there is this last piece of "coincidental" information that I just came across in an article that published in the "Weatherford Democrat." The article is about the selection of the current Parker County Auditor. The article states, in part: that our judge was one of a two who interviewed and hired the current County Auditor, (View pdf of article here.) who just happened to be employed by the same local brokerage firm representing the sellers in our fraud case. This is the same brokerage firm that was recently granted an MSJ, the judge dismissing our case filed against them for three years now.
We have the ultimate respect for our judicial system and that included our presiding judge. My uncle is a retired judge and I spent many years working in the judicial system as a litigation consultant. So we do have to take into consideration that these may very well be a series of mere coincidences. However, they are coincidences that leave us feeling very uncomfortable. Especially in light of the strong evidence presented in this case.
We have a guilty verdict already out there resulting from our first trial which proves that fraud occurred. We have proof that some of the most damning evidence against sellers' Realtors was withheld by then during the discovery process (later to surface only as a result of being provided during subpoena to the title company.) And as a result of this information not being handed over during the discovery process prior to their depositions, we also have the damning evidence of untruthful statements made during the Realtors' depositions with regard to facts noted in an email they withheld.
As a result, we are left to deal with the fact that after three years a judge just tossed our "proven" case out of the courts and that these individuals will go unpunished, never to answer for their fraudulent misrepresentations on a property that they knew, as confirmed in emails, was and has always been in Flood Zone A; the house built atop a designated drainage easement.
Moreover, when our case was first set for trial there was another civil matter on the docket against our defendant(s). The matter caught the attention of the Star Telegram back in 2006 in a story titled "FAILING DAM, FADING DREAMS." We don't know the particular facts of the case other than the article; nor do we know the issues presented to the court and the terms of the settlement. All we know is that two families filed against the same Realtor in the same district court regarding non-disclosure related issues. Both families having invested in their retirement properties.
