1 CIT/ ES
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`DC-23-17521
`CAUSE NO. _________________
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`FILED
`10/12/2023 4:02 PM
`FELICIA PITRE
`DISTRICT CLERK
`DALLAS CO., TEXAS
`Gay Lane DEPUTY
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`IN THE DISTRICT COURT
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`44th
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`_____ JUDICIAL DISTRICT
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`DALLAS COUNTY, TEXAS
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`CELIA V. CARLOS,
`PLAINTIFF,
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`VS.
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`GERARDO M. CARLOS, INDEPENDENT
`ADMINISTRATOR OF THE ESTATE OF
`GERARDO MARTINEZ CARLOS,
`DECEASED,
`DEFENDANT.
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`PLAINTIFF’S ORIGINAL PETITION
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`Plaintiff, Celia V. Carlos files this Original Petition, complaining of Gerardo Carlos, Independent
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`Administrator of the Estate of Gerardo Martinez Carlos, Deceased in the above styled and numbered cause,
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`and for cause of action would respectfully show the Court as follows:
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`I.
`DISCOVERY CONTROL PLAN
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`Plaintiff intends to conduct discovery under Level 3 of Texas Rule of Civil Procedure 190.3, and
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`affirmatively pleads that this suit is not governed by the expedited-actions process in Texas Rule of Civil
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`Procedure 169, because Plaintiff seeks non-monetary relief and is making a claim under the Texas Property
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`Code.
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`II.
`CLAIM FOR RELIEF
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`Plaintiff seeks non-monetary relief.
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`III.
`JURISDICTION AND VENUE
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`This Court has subject matter jurisdiction over this controversy because the amount at issue exceeds
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`the minimum jurisdictional limit of the Court.
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`Venue is proper in Dallas County, Texas, because actions for recovery of real property or an estate
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`or interest in real property or to remove encumbrances from the title to real property, for recovery of damages
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`to real property, or to quiet title to real property must be brought in the county in which all or a part of the
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`property is located. Further, the real property, subject of this petition, is located in Dallas County, therefore,
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`PLAINTIFF’S ORIGINAL PETITION - Page 1
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`pursuant to §15.011 of the Tex. Civ. Prac. & Rem. Code venue of this action is mandatory in Dallas County,
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`Texas.
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`IV.
`PARTIES
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`1. Plaintiff, Celia V. Carlos (“Celia”) is an individual residing in Dallas County, Texas.
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`2. Gerardo Carlos (“Estate Rep”), Independent Administrator of the Estate of Gerardo Martinez
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`Carlos, is the Defendant. Defendant may be served by serving the Registered Agent for the Estate of Gerardo
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`Martinez Carlos: Jeffrey L. Crouch, Pyke & Associates, P.C., 7575 Rambler Road, Suite 850, Dallas, Texas
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`75231.
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`V.
`ESTATE OF GERARDO M. CARLOS
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`Gerardo Carlos was appointed Independent Administrator of the Estate of Gerardo M. Carlos by
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`Order of Probate Court No. 1 of Dallas County, Texas in Case No. PR-22-02465-1 on February 21, 2023.
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`VI.
`CELIA’S INTEREST IN REAL PROPERTY
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`Celia is the owner in fee simple of a certain tract of land located in Dallas County, Texas described
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`as follows:
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`LOT TWENTY (20) IN BLOCK THREE (3) TOWN NORTH ESTATES
`ADDITION, AN ADDITION TO THE CITY OF RICHARDSON,
`DALLAS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT
`THEREOF RECORDED IN VOLUME 46, PAGE 187, MAP RECORDS,
`DALLAS COUNTY, TEXAS
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`Street Address: 407 Lowell Lane, Richardson, Texas
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`Celia holds this property by rom conveyance from Gerardo M. Carlos dated February 1, 2005. This
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`property is hereafter referred to as “407 Lowell Lane” and “the Property”.
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`VII.
`FACTUAL BACKGROUND
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`1.
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`Celia and Gerardo Martinez Carlos, Deceased (hereafter, “Gerardo”) were married until
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`September 27, 2004 when an Agreed Final Decree of Divorce was entered in Cause No. 04-03026-1, 256th
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`Judicial District Court of Dallas County, Texas, ending their marriage (hereafter, the “Divorce Decree”).
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`PLAINTIFF’S ORIGINAL PETITION - Page 2
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`2.
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`The Divorce Decree awarded 407 Lowell Lane to Gerardo, and Ordered Gerardo to pay the
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`mortgage on 407 Lowell Lane.
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`3.
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`Prior to their divorce, Celia and Gerardo had purchased 407 Lowell Lane by General Warranty
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`Deed dated October 1, 1996 wherein the Grantees were Gerardo and wife Celia. On the same date, Gerardo
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`and Celia mortgaged 407 Lowell Lane to secure a purchase money note (hereafter, the “Mortgage Note”).
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`4.
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`On February 5, 2005, Gerardo conveyed 407 Lowell Lane to Celia. Thereafter, Celia had
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`exclusive possession of 407 Lowell Lane, paid all payments on the Mortgage Note, paid all property taxes,
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`and paid all insurance on 407 Lowell Lane continually from February 5, 2005 to the date of this Petition.
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`5.
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`Plaintiff Celia had exclusive possession of 407 Lowell Lane to the exclusion of Gerardo from
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`February 5, 2005 to the date of this Petition.
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`6.
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`On March 30, 2017 Gerardo confirmed that he did not claim any ownership of 407 Lowell
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`Lane by executing and delivering a Gift Conveyance to Celia.
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`7.
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`Plaintiff Celia has paid all ad valorem property taxes prior to any delinquency for all tax years
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`from 2005 to 2022.
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`8.
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`Plaintiff Celia has affirmatively denied Gerardo until his death, and Defendant, after the death
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`of Gerardo on May 4, 2022 any access to the Property located at 407 Lowell Lane, and has continually
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`possessed the Property to the exclusion of Gerardo and his heirs since February 5, 2005.
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`9.
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`Plaintiff Celia has used and enjoyed the Property as an owner, and has possessed the Property
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`continually since May 4, 2005.
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`10.
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`Plaintiff Celia has, since February 5, 2005 been in open, continuous, obvious adverse
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`possession of Defendant’s interest in the property, if any.
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`11.
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`Plaintiff Celia has, since February 5, 2005, been in actual and visible possession of 407 Lowell
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`Lane, has been in actual possession that is open and notorious, that is peaceful, that is exclusive, that is
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`adverse and hostile to any claim of the Defendant, and that involves continuous use and enjoyment of 407
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`Lowell Lane form February 5, 2005 to the date of filing this Petition, a period in excess of 18 years.
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`PLAINTIFF’S ORIGINAL PETITION - Page 3
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`12.
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`Plaintiff Celia has been in possession of 407 Lowell Lane under a duly recorded deed that fixes
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`the boundaries of her claim by identifying the property by reference to duly recorded map records of Dallas
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`County, Texas since February 5, 2005.
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`VIII.
`CELIA’S CLAIM OF ADVERSE POSSESSION
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`13. The allegations contained in paragraphs 1 through 12 are incorporated herein for all purposes.
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`14. Celia asserts a claim that she has acquired title to any property and interest claimed by
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`Defendant by operation of §16.025 and §16.026 of the Civil Practices and Remedies Code, when she
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`affirmatively, openly, continuously, and adversely claimed full ownership of the Property from 2005 until
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`present.
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`15. The Property does not exceed 160 acres.
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`16. The 5-year statute of limitation and the 10-year statute of limitation has expired on any claim
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`the Defendant may have had for the recovery of any interest in the Property.
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`CELIA ADVERSELY POSSESSED THE PROPERTY
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`17.
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`From February 5, 2005 to the present, only Celia has had keys and access to the Property; and
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`she has affirmatively denied Gerardo all access to and use of the Property at all times.
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`18.
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`From February 5, 2005 to the present, Celia has held herself out to the public as the sole owner
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`of the Property.
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`19.
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`From February 5, 2005 to the present, Celia has maintained her possession and use of the
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`property peaceably.
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`20.
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`From February 5, 2005 to the present, Celia has used the Property where she has been present
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`and visible at the Property on a regular basis continuously.
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`21.
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`From February 5, 2005 to the present, Celia has paid all applicable property taxes on the
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`property.
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`DEFENDANT HAD ACTUAL NOTICE OF CELIA’S CLAIM
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`22. Gerardo had actual notice of Celia’s Claims of ownership during the entire period from
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`PLAINTIFF’S ORIGINAL PETITION - Page 4
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`February 5, 2005 until his death on May 4, 2022 and took no action to dispute her claims of ownership at any
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`time.
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`IX.
`INVALIDITY OF DEFENDANT'S CLAIM
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`23. Defendant's claim of an ownership interest interferes with Celia title. Although such claim
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`may appear valid on its face, it is in fact invalid and of no force or effect because Celia has adversely held
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`the property at all times since February 5, 2005 in accordance with Texas CPRC §16.025 and §16.026, and
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`believe Gerardo transferred ownership of the Property to Celia by written instrument dated February 5, 2005.
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`24. Celia has continuously and adversely held the property for more than ten years, thereby,
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`surpassing the statute of limitations, and therefore, Defendant cannot support a cause of action to recover
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`any interest in the real property.
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`25. Any action by Defendant to recover an interest in the Property is now barred by the statute of
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`limitations. CPRC §16.025 and §16.026.
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`X.
`CONDITIONS PRECEDENT
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`26. All conditions precedent have been performed or have occurred by Celia. Pleading further,
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`or in the alternative, all conditions precedent have substantially been performed, or have substantially
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`occurred by Celia.
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`XI.
`CONCLUSION & PRAYER
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`WHEREFORE, premises considered, Plaintiff Celia requests that Defendant be cited to appear and
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`answer, and that on final trial, Celia have the following:
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`a.
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`Judgment in Celia’s favor declaring that Defendants’ claim on the Property are invalid and shall
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`be removed from title to the Property made the subject of this litigation, and quieting title in the Celia.
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`b.
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`Judgment in Celia’s favor that Plaintiff Celia is the fee simple owner of all right, title and interest
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`in and to the 407 Lowell Lane property, including any improvements.
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`PLAINTIFF’S ORIGINAL PETITION - Page 5
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`c.
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`Judgment Ordering that the Judgment be recorded in the Real Property Deed Records of Dallas
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`County, Texas as evidence of the transfer to Celia of any and all right, title, interest of Defendant in and to
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`the 407 Lowell Lane property.
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`d.
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`Judgment against the Defendants for damages in any amount within the jurisdictional limits of
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`this Court.
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`e. Pre-judgment and post-judgment interest, as provided by law.
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`f. Such other and further relief to which Celia V. Carlos may show herself justly entitled, either
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`general or special, whether at law or in equity.
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`Respectfully submitted,
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`LAW OFFICE OF SAMUEL R. BONNEY
`3838 Oak Lawn Avenue, Suite 810
`Dallas, Texas 75219
`Tel: (214) 520-1920
`Fax: (214) 521-8013
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`By: /s/ Samuel R. Bonney
`Samuel R. Bonney
`State Bar No. 02619000
`bonneyattorneys@sbcglobal.net
`Attorney for Plaintiff
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`PLAINTIFF’S ORIGINAL PETITION - Page 6
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