Complaint Review: TMV L.L.C. - Dallas Texas

The original complaint was written by Mr. Chick Henderson of Permanent Building Systems Inc. in an attempt to extort money from Triune.  Mr. Henderson eventually filed a frivolous law suit to try to obtain funds he was not entitled to.  The case was filed as Cause No. DC-09-16331 in Dallas County District Court in the 193rd Judicial District. The case was referred to arbitration by Judge Gingsberg and as noted in the arbitrators ruling below Mr. Chick Henderson and Permanent Building Systems
Inc. was awarded nothing on each of their claims.  A full transcript of the proceeding can be found at www.dallascounty.org
__________________________________________________________________________

CAUSE

NO. DC-09-16331

PERMANENT BUILDING SYSTEMS INC., successor in

interest to Permanent

Modular Building Systems, Inc. Plaintiff,

V.



IN

THE DISTRICT COURT

193rd

JUDICIAL DISTRICT


TMV, L.L.C. d/b/a Triune and VINCE FUDZIE

Defendant.



DALLAS COUNTY,

TEXAS

ARBITRATION AWARD

Pending

before the arbitrator, Jacob C. Boswell, duly appointed by the 193rd Judicial District Court in the above referenced case, is Plaintiff Permanent Building Systems, Inc.'s ("PBS") First Amended Petition (attached). After conducting a hearing according to Section 171.043 of the Texas Civil Practice and Remedies Code, the arbitrator finds as follows:

I. BACKGROUND

A.    The Contract



On January 12, 2007,

Permanent Modular Building Systems, Inc. (now "Permanent Building Systems, Inc." or "PBS") entered into an "Independent Contractor's Agreement" with Defendant TMV, L.L.C. d/b/a Triune ("Mune"). See PBS Exhibit A & TMV Exhibit A. The agreement states that it shall be effective on "January 10, 2006,1 and shall continue in effect for a period of twelve (12) months unless sooner teiminated under Article 6 below." See id. Article 3 of this agreement, titled "Compensation," explains how PBS will be paid. Id. Under the title arbitrator and left it at that. As a result of Triune's unwillingness to participate and based on the evidence PBS presented, an award was granted in PBS's favor and it was approved by the Court. Only after PBS attempted to collect the judgment through garnishment did Triune see fit to intervene in this case;ultimately persuading the Court to vacate the arbitration award on July 17, 2011, and remand to arbitration. Had Triune initially presented its case to the arbitrator, the expenditure of much of this time and effort could have been avoided, Therefore, Triune shall be responsible for arbitration costs incurred prior to July 17, 2011. According to my invoice (attached), the cost of arbitration from my initial appointment until July 17, 2011, is $1,580.00.Triune is responsible for paying this amount to the arbitrator. The remaining balance of the arbitration costs, $11,171.71, shall be paid by PBS.

Iv.

CONCLUSION

Based on the foregoing, the arbitrator finds that Permanent Building Systems, Inc. shall take nothing on each of their claims. Instead, Permanent Building Systems, Inc. shall be liable for the cost of arbitration in the amount of $11,171.71 and TMV, LLC d/b/a Triune shall be liable for $1,580.00. TMV, LLC d/b/a Triune is not entitled to attorney's fees because of its failure to present any evidence regarding the amount or the reasonableness of the amount of fees. This decision disposes of all parties and all claims. All relief not expressly granted herein is denied. Permanent Building Systems,
Inc. v. TMV,    Arbitration Award