CAUSE No, __C-4-CV-07-005 1414] THE FROST NATIONAL BANK § IN THE COUNTY COURT ; l vs. = AT LAW NO, § MICHAEL J. COKER & RESQUGP, LLC. § TRAVIS COUNTY, TEXAS § + PLAINTIFF # 3 THE FROST NATIONAL BANK ("FROST BANK"), Plaintiff herein, brings this action fgainst MICHAEL J. COKER & RESQUGP, LiL.C. (COKER & RESQUGP, L.L.C."), Defendants herein, and for cause of action would respectfully show the Court the following 2 Parti 2 1. THE FROST NATIONAL BANK, is a national banking association duly authorized to conduct business in the State of Texas 2. MICHAEL J. COKER is an individual who may be served with process at_ 700 W. Ledgeway, Austin, Travis County, TX 78746, or at such other place where found. 3. RESQLIGP, L.L.C. is a Texas corporation that may be served with process by serving its gistered Agent MICHAEL J. COKER at 700 W. Ledgeway, Austin, Travis County, TX 78746, or at such other place where found Control Pian 4. FROST BANK affirmatively pleads that discovery is intended to be conducted under Discovery Control Plan Level} pursuant to Rule 190.2 of the Texas Rules of Civil Procedure Venue ounty under §15.002 and §15,035 of the Civil Practice and 0H 0 5. Venue is proper in Travis Remedies Code Panes mena PTS err. aad Pa‘The DDA Overdraft 6. COKER & RESQ-IGP, L.L.C. opened a demand deposit account (DDA), Account No.001- 0591146173 with FROST BANK (the "Account”) and consented to the terms governing the Account (the “Account Ageeement”), Truc and correct copies of the signature cards evidencing COKER & RESQ.IGI L.L.C’'s consent to the Account Agreement, are attached hereto as EXHIBIT “A” and incorporated herein for all intents and purposes 7. COKER & RESQIGP, L-L.C. subsequently created an overdraft in the Account, in violation of the Account Agreement, 8. Asof May 14, 2007, the overdraft balance of the Account, afterall just and lawful offsets, was the sum of $7,535.42. Suit on the Overdraft Balance 9. FROST BANK now brings this suit to recover the overdraft balance of $7,535.42, together with other charges accrued thereon, All conditions precedent to FROST BANK's right of action in this suit have either occurred or been waived by COKER & RESQUGP, L.LC, for Attorneys! Fees 10, Asaresult of the default as previously set forth, FROST BANK has been compelled to seek the services of the undersigned firm of attomeys to recover this debt, Pursuant to the terms of the Account Agreement and of § 38.001, er seg. of the Texas Civil Practice and Remedies Code, FROST BANK now seeks reimbursement ofall reasonable attomeys' fees incurred to prosecute its claims, TIC UL tempt to collect a debt and any information obtained will be used for that purpose. WHEREFORE, PREMISES CONSIDERED, FROST BANK prays that this Court: i Award FROST BANK all amounts due and owing, PLAneTiF's OnIGINAL PRION Page 2 “eos mt Ma UPARit PrarstwFs Ouctt Peron Award FROST BANK its reasonable attomey’s fees and costs of Court incurred herein. Award FROST BANK post-judgment interest Award such further relief, both special and general, legal and equitable, to which FROST BANK may show itself justly entitled Respectfully submitted, FRIDGE & RESENDEZ LLC 9901 IH-10 West, Suite 400 ‘San Antonio, TX 78230 (210) 690-8008 (210) 696-6044 (fax) Page 3Exhibit "A"Avg-t2-2008 1205p Fror-CIF DEPARTIENT Tost P.ooeve03 Frost National Fosi6 ble Bis Seu? a By Bi ees tne nes: °5. pa nas fo, as nba tet tacaoe's 2 stan anaana sem MISE TACT ~ Hagec rans “qmyorae eS Thane taba facoer! Stn Regie CE tunew aan naa oie TS (Cignataren an pnt nimas teach nocoun Highef Ee oce s [BUBINESE TWP! 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AGREED FINAL JUDGMENT ‘On this day, came on to be heard the above-ttled and numbered cause, The parties, THE FROST NATIONAL BANK and RESQ.IGP, L.L.C. appeared by submission of their proposed final judgment in this cease, thereby notifying the Court that the subject matter of the lawsuit had been settled by agreement ofall parties and that all matters of fact and law were being submitted to the Court, After considering the pleadings, and evidence, and arguments of counsel and/or pro se parties, the Court finds that Judgment should be entered against RESQ-IGP, L.L.C.. Accordingly, the Court finds that Defendant is indebted to Plaintiff in the sum of $7,535.42, and that Plaintiff should recover a reasonable and necessary attorney's fee, which the court finds to be $1,726.55. ITIS, THEREFORE, ORDERED, ADJUDGED, AND DECREED that THE FROST NATIONAL BANK have and recover of and from RESQ.IG) LiL.C,, the sum of $9,261.97 comprised of contractual ‘damages in the sum of $7,535.42, plus attorney's fees in the sum of $1,726.55, together with all costs of court in this behalf expended, and that, post-judgment interest shall accrue at the statutory rate of 5% per annum from the date of this judgment until paid. tis further, ORDERED that this isa final judgment asagainst RESQLIGP, LLC. and this Court denies all relief not expressly granted in this judgment. It is further, ORDE further, ORDERED that THE FROST NATIONAL BANK is allowed such writs and processes as may be D, that this Judgment finally disposes of all parties, all claims, and is appealable. Its, necessary in the enforcement and collection of this judgment. LN) AU AU 00384868 on O1 INTHE cobkitaygourt RE Ray line TRAVIS COUNT ROGERS, 2 me a Eg COR aPtaiy NO. My, L iseiaerree cae a a APPROVED AS TO FORM AND CONTENT FRIDGE, RESENDEZ & WISE LLC Riverview Towers, Suite 1700 111 Soledad Street San Antonio, Texas 78205 (210) 690-8000 (210) 696-6008 By: VR. RESHNDEZ Sate Bar No. 16789250, ATTORNEY FOR THE FROSY NJ { / 301 Congress, Suite 2100 ‘Austin, TX 78701 (512) 474-9124 / 8582 (fax) Or Wine ie Le WILLIAMG DANSON State Bar No. 05447000 ATTORNEY FOR RESQ-IGP, LLC cane |ONAL BANK Page 2 005/005,