Victory Cheval Holdings, LLC Garrett Jennings And Castle Crown Management, LLC v. Dennis Antolik Victor Antolik And Cheval Manor, Inc. D/B/A Austin Polo Club

ACCEPTED

03-15-00464-CV

6619351

THIRD COURT OF APPEALS

AUSTIN, TEXAS

8/24/2015 11:58:02 AM

JEFFREY D. KYLE

CLERK

NO. 03-15-00464-CV

__________________________________________________

FILED IN

3rd COURT OF APPEALS

IN THE COURT OF APPEALS AUSTIN, TEXAS

THIRD JUDICIAL DISTRICT OF TEXAS8/24/2015 11:58:02 AM

AT AUSTIN JEFFREY D. KYLE

________________________________________________Clerk

VICTORY CHEVAL HOLDINGS, LLC, GARRETT JENNINGS

AND CASTLE CROWN MANAGEMENT, LLC,

Appellants

v.

DENNIS ANTOLIK, VICTOR ANTOLIK

and CHEVAL MANOR, INC.,

Appellees

APPELLEES DENNIS ANTOLIK’S AND CHEVAL MANOR, INC.’S

MOTION FOR CONTEMPT AND FOR REFERRAL TO TRIAL COURT

TO THE HONORABLE THIRD COURT OF APPEALS:

Pursuant to Texas Rule of Appellate Procedure (“TRAP”) 29.4, Appellees

Dennis Antolik and Cheval Manor, Inc. (collectively, “Appellees”) file this motion

seeking to hold Appellants Garrett Jennings, Castle Crown Management, LLC, and

Plaintiff Victory Cheval Holdings, LLC (collectively, “Appellants”) in contempt

for violating the Temporary Injunction (“TI”) now on interlocutory appeal before

this Court. Despite the fact that this Court denied Appellants’ motion for stay,

Appellants still refuse to comply with the TI. Appellees request that the Court

8590-02/00531503.000

1

refer this enforcement proceeding to the trial court to hear evidence and grant

appropriate relief pursuant to TRAP 29.4(a). In this instance, the trial court should

issue an order requiring Appellants to appear and show cause why they should not

be held in contempt pursuant to Texas Rule of Civil Procedure (“TRCP”) 692.

I. BACKGROUND

1. Following hearings held on June 22 and July 14, 2015, the Honorable

Judge Karin Crump of the 250th Judicial District Court of Travis County, Texas

the issued the TI in the proceeding underlying this appeal. A certified copy of the

TI is attached hereto as Exhibit A. Appellants subsequently filed this interlocutory

appeal and moved to stay the TI. On August 6, 2015, this Court denied the motion

for stay. A certified copy of the clerk’s notice of this Court’s ruling is attached

hereto as Exhibit B.

2. Nevertheless, Appellants continue to ignore the TI and Appellees’

demands that they comply with same. See Exhibit C, which is a true and correct

copy of Appellees’ August 18, 2015 demand letter. Specifically, as set forth in the

Affidavit of Dennis Antolik attached hereto as Exhibit D, Appellants have failed

and refused to perform the following acts required under the TI:

• Signing the documents necessary for VCH to establish a new Operating

Account for the Property. See Exhibit A §§ C(1) & C(5). This, of course,

makes it impossible to deposit boarder and other customer payments into

the Operating Account as required under the TI, which funds are intended

8590-02/00531503.000

2

to be used to pay various specified expenses. See id. §§ C(1), C(2), C(3), &

C(5).

• Paying Veterinarian DVM Jonathan Cohen for bi-weekly assessments of

the health and safety of the horses on the Property. See id. §§ C(3)(a) &

C(5);

• Paying Cheval Manor, Inc. $2,500 per month for services and maintenance

performed on the Property. See id. §§ C(3)(c) & C(5);

• Paying up to $6,000 per month for regular labor and maintenance relating

to the polo field. See id. §§ C(3)(d) & C(5);

• Paying Janine Rosen up to $500 per month to supervise the horse care and

boarding services provided to boarders and equestrians on the Property.

See id. §§ C(3)(e), C(4), & C(5);

• Paying for bona fide operating expenses up to $500 per transaction,

including but not limited to repairing fences, cleaning in and around the

barn, and taking care of other maintenance issues and potential hazards

noted in Ms. Rosen’s Property and Horse Inspection Report for August

2015 filed with the trial court on July 31, 2015. See id. §§ C(3)(j) & C(5);

• Paying reasonable and necessary fees up to $35,000 to repair the polo field.

See id. § C(6); and

• Providing Dennis Antolik with the passwords needed to access Austin Polo

Club’s Facebook page and website as required under the TI and as agreed

on the record at the June 22, 2015 TI hearing. See id. § A(1).

II. ARGUMENT

A. This Court should refer this enforcement proceeding to Judge Krump to

hear evidence and grant appropriate relief.

3. TRAP 29.4 provides that an interlocutory order on appeal must be

enforced in the appellate court in which the appeal is pending. However, the

8590-02/00531503.000

3

appellate court may “refer the enforcement proceeding to the trial court with

instructions to: (a) hear evidence and grant appropriate relief; or (b) make findings

and recommendations and report them to the appellate court.” See also In re

Sheshtawy, 154 S.W.3d 114, 124-25 (Tex. 2004) (observing that it is “better

practice” for the appellate court to refer enforcement proceedings to the trial court

for hearing and factfinding).

4. Here, Appellees respectfully suggest that the trial court, and in

particular Judge Krump’s court, is the best tribunal to enforce the TI. 1 Judge

Krump heard extensive evidence and oral argument at two hearings, and she

crafted the TI based on competing submissions of the parties. See Exhibit A.

Judge Krump should be the one to take evidence on whether Appellants have

disobeyed the Temporary Injunction and to decide whether they should be held in

contempt. Appellees request that this Court refer this enforcement proceeding to

Judge Krump with instructions to hear evidence and grant such relief as she deems

appropriate.

B. The court should issue a show cause order requiring Appellants to appear

and demonstrate why they should not be held in contempt.

5. TRCP 692 authorizes a court to punish a party who disobeys an

1

Travis County District Court Local Rule 1.4 provides that “Motions Challenging a Prior

Ruling” must be heard by the judge who made the ruling. See

https://www.traviscountytx.gov/images/courts/Docs/local_rules_civildistrict.pdf. Appellees

suggest that the same policies underlying this rule apply to the enforcement a prior court order.

8590-02/00531503.000

4

injunction with contempt. The court has two options under TRCP 692. First, the

court may issue a writ of attachment instructing a sheriff or constable to arrest the

disobedient party and bring him before the court. Tex. R. Civ. P. 692. Second, the

court may issue a show cause order instructing the disobedient party to appear

before the court to demonstrate why he should not be held in contempt. Id. If the

court finds at the hearing that the offending party did in fact disobey the injunction,

the court may commit that party to jail without bail until he “purges himself of

such contempt.” Id.

6. As set forth in paragraph 2 above, Appellees have failed and refused

to comply with the TI issued by the trial court over a month ago, even after this

Court refused to grant them a stay. The trial court (or this Court) should issue a

show cause order requiring Appellants to appear before the trial court and explain

why they should not be held in contempt. If Appellants still refuse to comply with

the TI, the trial court should hold Appellants in contempt. See Exhibit D.

III. PRAYER

Appellees respectfully request that this Court refer this enforcement

proceeding to the Honorable Karin Crump of the 250th Judicial District Court of

Travis County, Texas with instructions to hear evidence and grant appropriate

relief. Appellees further request that Judge Krump or this Court issue a show

cause order requiring Appellants to appear for a hearing before trial court and

8590-02/00531503.000

5

explain why they should not be held in contempt. Appellees also request general

relief.

Respectfully submitted,

TAUBE SUMMERS HARRISON

TAYLOR MEINZER BROWN LLP

By: /s/ Cleveland R. Burke

Mark C. Taylor

State Bar No. 19713225

Cleveland R. Burke

State Bar No. 24064975

100 Congress Avenue, 18th Floor

Austin, Texas 78701

(512) 472-5997

(512) 472-5248 (FAX)

mtaylor@taubesummers.com

cburke@taubesummers.com

ATTORNEYS FOR DENNIS ANTOLIK

AND CHEVAL MANOR, INC.

CERTIFICATE OF CONFERENCE

I hereby certify that Appellees’ attorney Cleveland Burke sent Appellants’

attorneys Kemp Gorthey and Peyton Smith a letter on August 18, 2015 allowing

them until August 21, 2015 to comply with the Temporary Injunction to avoid this

enforcement proceeding. See Exhibit C. On August 19, 2015, Dennis Antolik’s

and Cheval Manor’s attorney Mark Taylor conferred in person with Mr. Gorthey

regarding the demand letter. On August 21, 2015, Mr. Gorthey stated via email

that the relief sought is opposed. On August 24, 2015, Mr. Taylor and Mr. Burke

conferred via email with Victor Antolik’s attorney Don Taylor, who agreed to the

relief sought in this motion.

/s/ Mark C. Taylor

Mark C. Taylor

8590-02/00531503.000

6

CERTIFICATE OF SERVICE

I hereby certify that the counsel listed below were served with a true and

correct copy of the foregoing motion via eFile.TXCourts.gov on August 24, 2015:

Kemp Gorthey Donald R. Taylor

The Gorthey Law Firm Isabelle M. Antongiorgi

604 W. 12th Street Taylor, Dunham & Rodriguez, LLP

Austin, Texas 78701 301 Congress Avenue, Suite 1050

kemp@gortheylaw.com Austin, Texas 78701

Counsel for Garrett Jennings and dtaylor@taylordunham.com

Castle Crown Management, LLC ima@taylordunham.com

Counsel for Victor Antolik

Peyton N. Smith

Brian L. King

Reed & Scardino LLP

301 Congress Avenue, Suite 1250

Austin, Texas 78701

psmith@reedscardino.com

bking@reedscardino.com

Counsel for Victory Cheval Holdings,

LLC

/s/ Cleveland R. Burke

Cleveland R. Burke

8590-02/00531503.000

7

EXHIBIT A

DC BK15198 PG735

Filed· T

. m . he District Gou

of fravis Cou 11 1-.. 'T rt

•y, 1exas

At_

JUL 16 2015

//,'~U A

6

CAUSE NO. D-1-GN-14-002607

v~.

· nc0, District Cler'

VICTORY CHEVAL HOLDINGS LLC § IN THE DISTRICT COURT K

Plaintiff and Counter-Defendant §

v. §

§

DENNIS ANTOLIK and §

VICTOR ANTOLIK §

Defendants and Counter-Plaintiffs §

§ OF TRAVIS COUNTY TEXAS

CHEVAL MANOR, INC. §

dba AUSTIN POLO CLUB §

Intervenor §

§

v. §

§

GARRETT JENNINGS, §

CASTLE CROWN MANAGEMENT LLC, AND §

CASTLE CROWN PROPERTIES-VICTORY §

CHEVAL,LLC §

Third-party Defendants § 250th JUDICIAL DISTRICT

TEMPORARY INJUNCTION

On June 22, 2015 and continuing on July 14, 2015, the Court held a hearing on

Defendant/Counter-Plaintiff Victor Antolik's Application for Appointment of a Receiver and

Temporary Injunction and the Application for Temporary Injunction of Plaintiff Victory Cheval

Holdings LLC against Defendants/Counter-Plaintiffs Dennis Antolik and Victor Antolik.

Victor Antolik appeared in person and through counsel Donald R. Taylor and Isabelle M.

Antongiorgi and announced ready. Victory Cheval Holdings LLC appeared through counsel Peyton

N. Smith and announced ready. Dennis Antolik appeared in person and through counsel Cleveland

Burke and Mark Taylor and announced ready. Cheval Manor, Inc. appeared through counsel

Cleveland Burke and Mark Taylor and announced ready. Garrett Jennings and Castle Crown

Management LLC appeared in person and through counsel Kemp Gorthey. Castle Crown

I 111111111111111111111111111111111111111111111111111111

004120771

Page

TEMPORARY INJUNCTION (VICTORY CHEVAL HOLDINGS LLC)

DC BK15198 PG736

Management LLC appeared through counsel Kemp Gorthey. The record of testimony was duly

reported by Della Rothermel, the court reporter for the 250th Judicial District Court.

After considering the Application, the arguments of counsel, the evidence presented, the

pleadings on file and all other relevant factors, the Court rules as follows:

A. Definitions

1. Herein, "Parties" shall collectively refer to Dennis Antolik; Cheval Manor, Inc.; Victor

Antolik; Victory Cheval Holdings LLC ("VCH"); Garrett Jennings; Castle Crown

Management LLC ("Castle Crown"); and Castle Crown Properties-Victory Cheval LLC

("CC-VC"). "Party" shall refer to any of the foregoing. This Order shall bind the Parties,

and their respective officers, agents, servants, employees, attorneys, representatives, or any

person in active concert or participation with them who receives actual notice of this Order

by personal service or otherwise.

2. "Property'' shall refer to the entirety of the 88 acre ranch located at 13628 Gregg Manor

Road, Manor, Texas 78653.

B. Agreed Injunctive Relief

The parties agreed in open Court and it is THEREFORE ORDERED that:

1. VCH, Castle Crown, and Garrett Jennings shall not use the name "Austin Polo Club" or

limit Dennis Antolik from using it in any way;

2. VCH, Castle Crown, and Garrett Jennings shall not list the Property for sale or attempt to

sell the Property;

3. VCH, Castle Crown, and Garrett Jennings shall not charge legal expenses, travel, meals or

aircraft fuel expenses to VCH or to Victor Antolik;

Page

TEMPORARY INJUNCTlON (VICTORY CHEV AL HOLDINGS LLC)

DC BK15198 PG737

4. VCH, Castle Crown, and Garrett Jennings shall not cut-off the utilities at the residence on

the Property while Dennis Antolik or Victor Antolik retain possession of the residence;

Dennis Antolik or Victor Antolik will provide for, maintain, and pay all the utilities for the

residence on the Property;

5. Victor Antolik and Dennis Antolik agree to not maintain any dogs on the Property.

6. Dennis Antolik, Victor Antolik, and Cheval Manor, Inc. shall keep all of the thirteen (13)

horses that may be owned by them or business entities owned by them, or under their

control, restrained behind a gated and secured fence; Dennis Antolik, Victor Antolik, and

Cheval Manor, Inc. are solely responsible for the expense, care, feeding and watering of

those horses; and

7. Dennis Antolik, Victor Antolik, and Cheval Manor, Inc. shall use reasonable efforts to

clean, maintain, and prevent any damages to the residence on the Property and the gated and

fenced area immediately surrounding the residence on the Property.

C. Temporary Injunctive Relief

It is FURTHER ORDERED that:

1. On or before July 31, 2015, VCH shall establish an operating account (the "Operating

Account") for the maintenance of the Property and business conducted on the Property,

including but not limited to horse boarding, polo operations, events, and residential leasing.

All revenue collected in association with business conducted on the Property shall be

deposited into the Operating Account. Garrett Jennings and Victor Antolik shall be the only

authorized persons on the Operating Account and shall have access to all statements;

2. The Parties shall direct boarders and other customers to make payments to VCH, which

shall deposit all such payments into the Operating Account;

Page

TEMPORARY INJUNCTION (VICTORY CHEV AL HOLDINGS LLC)

DC BK15198 PG738

3. Unless otherwise agreed in writing by Garett Jennings and Victor Antolik, funds in the

Operating Account shall only be used to fund the following:

a. Payment to Veterinarian DVM Jonathan Cohen to provide veterinary bi-weekly

assessments of the health and safety of the horses on the Property;

b. Payment at the current market rate for continued employment of Shay Pfieffer to

maintain the Property and to provide for the care and feeding of the paid boarder

horses during the evening and early morning hours;

c. Payment of $2,500.00 per month to Cheval Manor, Inc. to provide care and feeding

of the paid boarder horses during the day and to maintain the Property, provided that

Cheval Manor, Inc.: (1) is able and willing to provide such services; and (2) lawfully

resides on the Property. Otherwise, Garrett Jennings shall have the right to direct

payment to a third party for the care and feeding of the paid boarder horses during

the day and to maintain the Property;

d. Up to $6,000.00 per month for labor and maintenance relating to the polo field;

e. Payment of up to $500.00 per month to Janine Rosen to supervise the horse care and

boarding services to boarders and equestrians on the Property;

f. Payment of up to $325.00 per stall-boarded horse, per month for feed and

supplies;

g. Payment of up to $140.00 per pasture horse, per month for feed and supplies;

h. Payment of up to $1,500.00 per month for utilities;

i. the cost of insurance for the Property; and

J. Up to $500.00 per transaction for any other bona fide operating expense.

Page

TEMPORARY INJUNCTION (VICTORY CHEVALHOLDJNGS LLC)

DC BK15198 PG739

4. VCH shall retain the services of Janine Rosen, or other mutually agreed upon third party, to

supervise the horse care and boarding services to boarders and equestrians on the Property,

and, beginning on August 1, 2015, provide a monthly report to the parties and to the Court

regarding the status of care of the horses on the Property;

5. Garrett Jennings is authorized to make and shall be responsible for making and keeping an

accurate accounting of all payments outlined in Paragraph C.3 of this Order from the

Operating Account. Any additional expenditures must be approved, in writing, by Victor

Antolik and Garrett Jennings, either of whom may move this Court to request the release of

additional necessary expenses. Any excess funds remaining in the Operating Account after

final trial of this cause shall be distributed in accordance with the Court's final judgment;

6. Garrett Jennings shall pay the reasonable and necessary costs, not to exceed $35,000.00, for

the repair of the damage to the polo field on the Property. Victory Cheval Holdings, LLC

shall fund the repair through a capital contribution of Garrett Jennings, for which he may

seek reimbursement at trial;

7. Garrett Jennings shall be permitted access to the residence on the Property for inspection at a

date/time mutually agreeable upon by parties on or before September 31, 2015;

8. Pursuant to the agreements of the Parties and the Court's authority to issue temporary

injunctive relief in order to maintain the status quo and to protect persons and property,

including horses, from harm, injury or loss, the Court ORDERS the parties to comply with

the provisions herein, finding that such Order is necessary and proper as a temporary

injunction in order to prevent harm, injury or loss to the parties, including injury to persons

and property, during the pendency of this matter. The agreements of the parties and the

Page

TEMPORARY INJUNCTION (VICTORY CHEVAL HOLDINGS LLC)

DC BK15198 PG740

Order of the Court stated herein does not constitute an adjudication of responsibility and any

Party may seek to recover as damages any costs or expenses incurred;

9. This Order shall take effect immediately, shall be binding on the parties and all persons in

active concert or participation with them who receive notice of this Order by any means, and

shall remain in effect until modified by agreement of the parties or further order of this

Court;

10. This matter is set for trial on January 25, 2016;

11. Victor Antolik is ORDERED to post a bond in the amount of $500.00 or cash in lieu

thereof, in conformity with the law, conditioned that he will abide by the decision which

will be made in this cause, and that he will pay all sums of money and costs that may be

adjudged against him if the temporary injunction shall be dissolved in whole or in part; and

12. All other relief requested is denied.

SIGNED this July 16, 2015.

Page 6

TEMPORARY INJUNCTION (VICTORY CHEV AL HOLDINGS LLC)

EXHIBITB

Fl Lb CUP\'

COURT OF APPEALS

THIRD DISTRICT OF TEXAS

P.O. BOX 12547, AUSTIN, TEXAS 78711-2547

www.txcourts.gov/3rdcoa.nspx

(512) 463-1733

JEFF L. ROSE, CHIEF JUSTICE JEFFREY D, KYLE, CLERK

DAVID PURYEAR, JUSTICE

BOB PEMBERTON, JUSTICE

MELISSA GOODWIN, JUSTICE

SCOTT K. FIELD, JUSTICE

CINDY OLSON BOURLAND, JUSTICE

August 6, 2015

Mr. Peyton N. Smith Mt'. Kemp W. Gorthey

Reed & Scardino LLP The Gorthey Law Finn

301 Congress Avenue, Suite 1250 604 West 12th Street

Austin, TX 78701 Austin, TX 78701

* DELIVERED VIA E-MAIL * * DELIVERED VIA E-MAIL *

Mr. Mark C. Taylor Ms. Isabelle M. Antongiorgi

Taube Summers Hanison Taylor Meinzer Brown Taylor Dunham, LLP

LLP,LLP 301 Congress Avenue, Suite 1050

100 Congress A venue, Suite 1800 Austin, TX 78701

Austin, TX 78701 * DELIVERED VIA E-MAIL *

*DELIVERED VIA E-MAIL *

RE: Court of Appeals Number: 03-15-00464-CV

Trial Court Case Number: · D-1-GN-14-002607

Style: Victory Cheval Holdings, LLC; Garrett Jennings; and Castle Crnwn Management, LLC

v. Dennis Antolik; Victor Antolik; and Cheval Manor, Inc. d/b/a Austin Polo Club

Dear Counsel:

Appellants' Motion to Stay Tempora1y Injunction was denied by this Court on the date noted

above.

Very truly yours,

JEFFREY D. KYLE, CLER!(

Liz Talerico, Deputy Clerk

COURT OF APPEALS

THIRD DISTRICT OF TEXAS

AUSTIN, TEXAS

Victory Cheval Holdings, LLC; Garrett Jennings; and Castle Crown Management, LLC

v.

Dennis Antolik; Victor Antolik; and Cheval Manor, Inc. d/b/a Austin Polo Club

(NO. D-1-GN-14-002607 IN THE 250TH DISTRICT COURT OF TRAVIS COUNTY)

*****

I, JEFFREY D. KYLE, CLERK OF THE THIRD COURT OF APPEALS OF THE

STATE OF TEXAS, do hereby ceitify that the foregoing one (1) page contains a true and correct

copy of the:

NOTICE

issued by said Comt on August 6, 2015, in the above numbered and styled cause.

WITNESS MY HAND and seal of the COURT

OF APPEALS for the Third District of Texas,

August 18, 2015.

~:FFRE~~

Amy Strother, Deputy Clerk

EXHIBIT C

\

TAUBE SUMMERS HARRISON TAYLOR MEINZER BROWN LLP

ATTORNEYS AT LAW

100 CONGRESS AVENUE, 18rn·FLOOR

AUSTIN, TEXAS 78701

TELEPHONE (512) 472-5997

FAX (512) 472-5248

August 18, 2015

VU EMAIL

Kemp Gorthey

The G01they Law Finn

604 W. 12111 Street

Austin, Texas 78701

kemp@go1theylaw.com

Counsel for Garrett Jennings and

Castle Crown Management, LLC

Peyton N. Smith

Reed & Scardino LLP

301-Congress Avenue, Suite 125 0

Austin, Texas 78701 -

psmith@reedscardino.com

Counsel for Victmy Cheval Holdings, LLC

Re: Failure to comply with Temporary Injunction issued in VictOJJJ Cheval Holdings, LLC v.

Dennis Antolik, et al., Cause No. D-1-GN-14-002607 in the 250th District Comt of

Travis County, Texas

Dear Kemp and Peyton:

As you know, the Court issued a Temporary Injunction in the above-referenced case over

a month ago on July 16, 2015. Your clients' motion to stay the Temporary Injunction was

denied by the Third Court of Appeals on August 6, 2015. Neve1theless, Dennis and Vic Antolik

info11n me that your clients are still refusing and/or failing to perf01m the following acts required

under the Temporary Injunction:

• Signing the documents necessary for V CH to establish a new Operating Account for the

Property. See Temporary Injunction §§ C(l) & C(5). This, of course, makes it

impossible to deposit boarder and other customer payments into the Operating Account

as required under the Temporary Injunction, which funds are intended to be used to pay

various expenses specified in the Temporary Injunction. See §§ C(l), C(2), C(3), &

C(5).

8590-2\00531189.000

Kemp Gorthey

Peyton N. Smith

August 18, 2015

Page2

• Paying Veterinarian DVM Jonathan Cohen for bi-weekly assessments of the health and

safety of the horses on the Property. See id. §§ C(3)(a) & C(5);

• Paying Cheval Manor, Inc. $2,500 per month for services and maintenance performed

on the Prope1ty. See id. §§ C(3)(c) & C(5);

• Paying up to $6,000 per month for regular labor and maintenance relating to the polo

field. See id. §§ C(3)(d) & C(5);

• Paying Janine Rosen up to $500 per month to supervise the horse care and boarding

services provided to boarders and equestrians on the Property. See id. §§ C(3)(e), C(4),

& C(5);

• Paying for bona fide operating expenses up to $500 per transaction, including but not

limited to repairing fences, cleaning in and around the bam, and taldng care of other

maintenance issues and potential hazards noted in Ms. Rosen's Property and Horse

Inspection Report for August 2015. See id. §§ C(3 )G) & C( 5);

• Paying reasonable and necessary fees up to $35,000 to repair the polo field. See id. §

C(6); and

• Providing Dennis Antolik with the passwords needed to access Austin Polo Club's

Facebook page and website as required under the Temporary Injunction and as agreed

on the record at the Temporary Injunction hearing. See also id. § A(l).

Dennis Antolik and Cheval Manor demand that your clients immediately comply with the

Temporary Injunction. If, on or before this Friday, August 21, 2015 at 3:00 p.m. CST, your

clients do not sign the documents necessary to establish the Operating Account, catch up on

payments due to Cheval Manor and Ms. Rosen, and express in writing their willingness to

immediately comply with the other te1ms of the Temporary Injunction, Dennis Antolik and

Cheval Manor will file a motion seeldng to hold your clients in contempt pursuant to Texas Rule

of Civil Procedure 692.

Please contact me or Mark Taylor at the number above if you wish to confer on these

matters.

Kemp Gorthey

Peyton N. Smith

August 18, 2015

Page 3

Sincerely,.

Cleveland R. Burke

Counsel for Dennis Anolik

and Cheval Manor, Inc.

cc: Client

Mark Taylor

Vic Antolik

Don Taylor

Isabelle Antongiorgi

EXHIBITD

AFFIDAVIT OF DENNIS ANTOLIK

STATE OF TEXAS §

§

COUNTY OF TRAVIS §

BEFORE ME, the undersigned notary, on this day personally appeared

Dennis Antolik, who after being duly sworn, did state upon his oath as follows:

1. "My name is Dennis Antolik. I am over 18 years of age, of sound

mind, and capable in all respects of making this affidavit. The facts stated herein

are within my personal knowledge and are true and correct.

2. I am the President of Cheval Manor, Inc., and I reside on the property

located at 13628 Gregg Manor Road, Manor, Texas, 78653 and referenced in the

temporary injunction (the "Temporary Injunction") issued on July 16, 2015 in the

lawsuit styled Victory Cheval Holdings, LLC v. Dennis Antolik and Victor Antolik,

et al., Cause No. D-1-GN-14-002607 in the 250th District Court of Travis County,

Texas (the "Travis County Lawsuit").

3. Garrett Jennings is a Third-party Defendant in the Travis County

Lawsuit. He is also a member of Plaintiff Victory Cheval Holdings, LLC ("VCR")

and Third-Party Defendant Castle Crown Management, LLC ("Castle Crown").

4. Despite the appellate court's refusal to stay the Temporary Injunction

and my attorney's demand that they comply with the Temporary Injunction,

Jennings, VCR, and Castle Crown have failed and refused to perform the

following acts required under the Temporary Injunction:

• Signing the documents necessary for VCH to establish a new Operating

Account for the Property. See Temporary Injunction§§ C(l) & C(5). This,

of course, makes it impossible to deposit boarder and other customer

payments into the Operating Account as required under the Temporary

Injunction, which funds are intended to be used to pay various specified

expenses. See id. §§ C(l), C(2), C(3), & C(5).

1

8590-2\00531543 .0000

• Paying Veterinarian DVM Jonathan Cohen for bi-weekly assessments of

the health and safety of the horses on the Property. See id. §§ C(3)(a) &

C(5);

• Paying my company Cheval Manor, Inc. $2,500 per month for services and

maintenance performed on the Property. See id. §§ C(3)(c) & C(5);

• Paying up to $6,000 per month for regular labor and maintenance relating

to the polo field. See id. §§ C(3)(d) & C(5);

• Paying Janine Rosen up to $500 per month to supervise the horse care and

boarding services provided to boarders and equestrians on the Property.

See id. §§ C(3)(e), C(4), & C(5);

• Paying for bona fide operating expenses up to $500 per transaction,

including but not limited to repairing fences, cleaning in and around the

barn, and taking care of other maintenance issues and potential hazards

noted in Ms. Rosen's Property and Horse Inspection Report for August

2015 filed with this Court on July 31, 2015. See id. §§ C(3)G) & C(5);

• Paying reasonable and necessary fees up to $35,000 to repair the polo field.

See id. § C(6); and

• Providing me with the passwords needed to access Austin Polo Club's

Facebook page and website as required under the TI and as agreed on the

record at the June 22, 2015 TI hearing. S: id. § A(l)."

Further, Affiant said not.

SUBSCRIBED and SWORN TO BEFORE ME, the undersigned authority

on August 21, 2015, to certify which witness my hand and seal of office.

2

8590-2\00531543.0000