Bush Library/Lawsuit

[SMU Football Blog]

Bump...anybody got anything else on current goings on?
It is ridiculous that this guy has any traction whatsoever.

The hearing was a week ago. Judge took the matter under advisement. Should receive a written opinion . . . sometime.

[Peruna88]

I appreciate you taking the time to inform the masses here in everyday terms we can understand.

[EastStang]

That's the great part of being a judge, you get to rule when you decide to rule. There's a federal judge in DC who whenever he retires, there will be cases crawling out of the woodwork. He takes 1-5 years to rule on a case and sometimes never. I filed a motion at least 15 years ago, that's never been ruled upon. I used to send updates annually to the motion but gave up about 10 years ago.

[RE Tycoon]

Those Baptists have spunk...

http://www.dallasnews.com/sharedcontent ... 385b5.html

[MustangStealth]

Ok guys, we've got Laura's vote locked up. What we need to do now is go after the daughters. They will push Daddy over the edge and finally decide it in our favor.

To achieve that goal, I propose we make our pitch for the George W. Bush Presidential Library and Liquor Barn. Baylor would never match that offer!

[jtstang]

Ok guys, we've got Laura's vote locked up. What we need to do now is go after the daughters. They will push Daddy over the edge and finally decide it in our favor.

To achieve that goal, I propose we make our pitch for the George W. Bush Presidential Library and Liquor Barn. Baylor would never match that offer!

Make it a drive through with bikini chicks like that one on Greenville at Park and you've got my backing.

[SMU Football Blog]

We have a winner . . .

FINAL JUDGMENT

This Court has reviewed DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT (filed July 14, 2006)). After due consideration and review of the pleadings, motions, responses filed in this action, and oral argument proceedings, the Court is of the opinion and finds that Peruna Properties, Inc.’s (Peruna) said Motion should be GRANTED.

Therefore, it is ORDERED, ADJUDGED and DECREED that Peruna Properties, Inc. is the sole fee simple title owner of the former University Gardens Condominiums real property;

Peruna Properties, Inc. shall recover title to and the immediate right of sole possession of the entire former University Gardens Condominiums real property from Plaintiff Gary M. Vodicka, Intervenor Robert E. Tafel, and from Michael Moore and Gerry Jetton (collectively “Counterclaim and Third-Party Defendants”); and Peruna Properties, Inc. shall have its writ of possession for the entire former University Gardens Condominiums real property located in Dallas County, Texas and described in detail in Exhibit “A,” which is attached hereto and incorporated within the terms of this judgment for all purposes. Additionally, as further description of the former University Gardens Condominiums real property, reference is made to Peruna Properties, Inc.’s Special Warranty Deed for all of the former University Gardens Condominiums real property, dated December 7, 2005, recorded in the Clerk’s File No. 200503627905 of the Real Property Records of Dallas County, Texas which is hereby ADJUDGED to be valid and effective and has been valid and effective since December 7, 2005.

It is further ORDERED, ADJUDGED and DECREED that Peruna Properties, Inc. shall specifically recover from Plaintiff and Intervenor and from Counterclaim and Third-Party Defendants title to and the right of sole immediate possession of the following former University Gardens Condominium units, which are among the entire former University Gardens Condominiums real property:

1. 6005 Tarrytown Terrace, Unit 5208, Dallas, Texas 75205;
2. 2811 Oxford Terrace, Unit 5227, Dallas, Texas 75205;
3. 6016 Chalet Court, Unit 5219, Dallas, Texas 75205;
4. 2814 College Plaza, Unit 5213, Dallas, Texas 75205; and
5. 2721 Oxford Terrace, Unit 6216, Dallas, Texas 75205;

and that any purported leases or conveyances other than to Peruna Properties, Inc. pertaining to said units are null and void;

It is further ORDERED, ADJUDGED and DECREED that all existing notices and claims adverse to the claim of Peruna Properties, Inc. to the fee simple ownership of the former University Gardens Condominium real property, including, but not limited to, any and all lis pendens filed by Gary Vodicka, Robert Tafel or any Third-Party Defendants are hereby declared null and void and have no force or effect.

It is further ORDERED, ADJUDGED and DECREED that any claim by any person or entity to title, ownership, leasehold interest or right to possession, of any portion of the property described in Exhibit “A” through any deed, assignment, conveyance, lease, or any transfer by, through, or under Gary Vodicka, Robert Tafel, Michael Moore, or Gerry Jetton is null, void, and of no force and effect.

It is so ORDERED.

ENTERED: December 7, 2006.
___________________________________
JERRY BUCHMEYER,
SENIOR U.S. DISTRICT JUDGE
NORTHERN DISTRICT OF TEXAS

[mrydel]

yipee!

[MustangStealth]

Michael Moore was involved? Oh great, now there'll be a self-righteous movie about this whole thing in 6 months.

[SMU Football Blog]

Numbnuts overplayed his hand. He had a chance to pocket some nice coin out of this and he is now hosed. He has no leverage. Vodicka still has other claims, but he can't stop the property from being bulldozed, aside froma brief delay pending his eviction. I seriously doubt SMU is too concerned with Vodicka's other claims at this moment.

In 10 days, the order is final and nonappealable and the bulldozers will be gassed up and ready to go. I am sure Vodicka will try and appeal but Buckmeyer will not likely grant Vodicka a stay pending an appeal.

[jtstang]

Numbnuts overplayed his hand. He had a chance to pocket some nice coin out of this and he is now hosed. He has no leverage. Vodicka still has other claims, but he can't stop the property from being bulldozed, aside froma brief delay pending his eviction. I seriously doubt SMU is too concerned with Vodicka's other claims at this moment.

In 10 days, the order is final and nonappealable and the bulldozers will be gassed up and ready to go. I am sure Vodicka will try and appeal but Buckmeyer will not likely grant Vodicka a stay pending an appeal.

One of you federal court practitioners tell me what the rules are for bonding around a judgment for appeal to the Fifth Circuit. If this were state court, I would argue that he should have to put up a bond equal to the FMV of all of SMU's interest in the entire complex, as his suit and appeal theoretically burden SMU proposed use of the total property. I probably wouldn't win, but it's a colorable argument I think.

[Stallion]

FRCP 62(f) appears to state that if the Judgment is based on state law claims then the bond should be "as would be accorded the judgment debtor had the action been maintained in the courts of that state". TRAP 24.2 provides the superseadeas bond "must equal the sum of compensatory damages awarded" , interest... and costs ..." but "must not exceed the lesser of: (A)50 per cent of the judgment debtor's current net worth or 25 million dollars. However, there is a provision allowing the Court discretion to lower the bond if it will cause the Defendant "substantial economic harm". If under Federal Law it appears to be discretionary under the Rules. Of course, if he loses the appeal SMU gets the bond money.

[jtstang]

If he comes up with a cash bond, or even enough to get a surety, I'd be real interested in where that money came from if I was his wife's divorce lawyer.

[mrydel]

If he comes up with a cash bond, or even enough to get a surety, I'd be real interested in where that money came from if I was his wife's divorce lawyer.

I wonder if there was a stipulation in the final divorce decree that she would get something had he won this suit.

[OC Mustang]

Gas 'em up, boys. Time to move a little dirt.
I heard that moving dirt is therapeutic.
We are about to discover the truth of that statement.
Wahoo!!!

Hey Gary V....

Guess what?

(you saw this coming!)