Area resident J.D. Roberts, who sued Munro's Dry Cleaning claiming the cleaner donated his clothes after storing them for several years, is asking Beaumont Judge Donald Floyd to grant him a new trial.
As the Southeast Texas Record previously reported, on March 25 Munro's filed a no-evidence motion for summary judgment, arguing that "despite the passage of nearly six months since the case was filed, Roberts has failed to present any evidence."
Judge Floyd, 172nd District Court, granted Munro's motion on May 7, dismissing the case for a lack of evidence.
However since that time, Roberts has filed a motion to reconsider and motion for new trial, in which he argues that Judge Floyd erred "because plaintiff provided summary judgment evidence that raised a fact issue."
A hearing on the matter has been slated for July 16.
Late last year, Roberts filed suit against Munro's in Jefferson County District Court, claiming not all of his clothes were returned to him even though he had contracted with Munro's to store them.
Roberts says in his suit that sometime in September 2007 he requested that the items be returned to him, but found that a great number of the articles of clothing were no longer stored by the store.
Court papers show that on April 12, 2002, Roberts had Munro's clean a "voluminous amount of clothing" that had sustained fire damage.
After cleaning the clothes, Munro billed Roberts $4,676.60. However, he was unable to pay and Munro's agreed to allow him to pay his bill in monthly payments and retrieve his items as he paid, Roberts claimed.
Five year later, Roberts still had not paid his bill in full, leading Munro's to donate his remaining clothing to charity, court papers say.
Roberts is represented by attorneys John D. West and Scott Renick of Beaumont.
Case No. E184-811