E-FILED TARRANT COUNTY, TEXAS 10/26/2015 4:21:10 PM MARY LOUISE GARCIA COUNTY CLERK BY: T.W. B. Cause No. 2015-004508-1

Jimmy Ray Matthews, Jr. and In the FILED IN Nicholas Matthews, 2nd COURT OF APPEALS FORT WORTH, TEXAS plaintiffs 12/7/2015 5:07:30 PM v. County Court at Law No.SPISAK DEBRA 1 Clerk Marta Carrejo Martinez and all occupants, Tarrant County, Texas defendants

Motion for New Trial

To the Honorable Judge:

Defendants file this motion for new trial and show as follows.

Attorney’s Fees

The trial court erred by awarding attorney’s fees for the following reasons.

First, the Court erred by awarding attorney fees because no rule, statute,

or case permits the award of attorney fees in this type of case.

Second, the Court erred by awarding attorney fees because plaintiff has

no pleadings to support an award of attorney fees.

Third, the Court erred by awarding attorney fees because there is no ev-

idence or, in the alternative, insufficient evidence to support the Court’s

award of attorney fees.

In sum, this court did not and does not have jurisdiction over this mat-

ter. Therefore, this court should grant this motion for new trial and dismiss

this action.

Motion for New Trial Page 1 of 2 Respectfully submitted,

/s/ Leigh W. Davis___________ (Mr.) Leigh W. Davis 1901 Central Dr. Suite 708 LB 57 Bedford, TX 76021 817.868.9500 817.887.2401 (fax) State Bar No. 24029505 [email protected]

Certificate of Service

I certify that on October 26, 2015, a copy of this document was served on

all counsel of record in this case by electronic mail service through the elec-

tronic case filing system.

/s/ Leigh W. Davis____________ (Mr.) Leigh W. Davis

Motion for New Trial Page 2 of 2