Company seeking summary judgment cancels hearing

David Yates Aug. 17, 2010, 8:42am

Mayes Wood Flooring claims that in the year's time since it filed suit, Crown Team Construction has failed to produce any evidence disputing that it owes nearly $9,000 in unpaid invoices.

Mayes Wood Flooring filed a motion for summary judgment July 22. A hearing was slated for Aug. 16, however, the company cancelled and declined to reset for a later date.
Court papers show that Maye and CTC agreed to exchange goods and services at a price of $8,963.61.

"Although billed and repeated demand has been made, there remains an unpaid balance ... for which plaintiff sues," Mayes Wood Flooring's lawsuit states, filed June 5, 2009, in Jefferson County District Court.

In response to the suit, CTC denied the allegation of debt.

Mayes Wood Flooring is seeking summary judgment on the grounds that the systematic record proves CTC accepted goods and services for a set price, legally bonding the company to honor the debt.

"The undisputed summary-judgment evidence in this case established plaintiff has a systematic record of the open account," Mayes Wood Flooring's motion states. "This claim is just and true; it is past due."

In addition to actual damages, the company is asking the court to award attorney's fees.

No reason was given for the cancellation.

Mayes Wood Flooring is represented by Beaumont attorney Andrew Norman of the Mehaffy Webber law firm.

CTC is represented by attorney Lance Fox.

Judge Bob Wortham, 58th District Court, is presiding over the litigation.

Case No. A184-229

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