IN THE SUPREME COURT OF TEXAS In Re ARTHUR J. "AJ"

52 Pages·2017·2.64 MB·English

FILED
17-0281
4/11/2017 5:48:01 PM
tex-16407938
SUPREME COURT OF TEXAS
BLAKE A. HAWTHORNE, CLERK
No. ______
IN THE
SUPREME COURT OF TEXAS
In Re ARTHUR J. "AJ" LAWRENCE
Relator
On Petition for Writ of Mandamus
From the 353rd Judicial District Court of
Travis County, Texas
The Honorable Orlinda Naranjo, Respondent
PETITION FOR WRIT OF MANDAMUS RECORD
Douglas M. Becker
State Bar No. 02012900
Monte L. Swearengen
State Bar No. 18871700
Gray & Becker, P.C.
900 West A venue
Austin, Texas 78701
[email protected]
[email protected]
Tel: [phone]
Fax: [phone]
ATTORNEYS FOR RELATOR
PLAINTIFF'S
EXHIBIT NO.4
··· ···· ············~~
. EXHIBIT
A·4
I
MR210
From: Arthur Lawrence Jr. <[email protected]<mallto:[email protected]»
Date: May 12, 2012 6:16:51 PM CDT
To: "Byrne, Dan" <Dbyrne®fbhh.com<mallto:[email protected]»
Subject: Re: MAnERS I
Mr. Byrne,
False allegations made In your last e-mail conjured up by Jlmmy.or Drew Treybfg are unacceptable. Considering your profession,
you know that 'evidence' Is crucial when confllcllng arguments are made by opposing·p arties In order for a neutral party suoh as a
judge or jury to make a fair verdict. I do not plan on consciously communfcallng with any member of the Treyblg family unless they
decide to communicate with me first. Ills apparently noticeable to me that the Treyblg family does not want me communicating with
any member of their Immediate famNy In any way. I completely understand. Please be sure to notify the Treyblgs that I may have to
take legal action as weU to protect myself II they continue to make false accusations against m~. my ollenla, or anything pertaining to
my business. As the altorr.e~· that 1e representing the Treyblgs concerning these matters, please enlighten the Treyblgs ol lawsuits
concerning "defamation of character." At the present time, I am not taking action to file such suits associated with 'defamation per ae'
as long as they agree to carry and conduct themselves accordingly. All of lhasa 'potential' legal actions made by the Treyblgs
personify my statements I addressed to Jimmy In the last1Wo letters to be true and accurate.
Maybe some day we might be able to communicate again wHhout legal assistance, but tor now, this Is not the case. I understand
that you are being compensated to represent the Treyblgs concerning lhasa matters ancll consider the way you have represented
them to be very professional. Thank you for your time.
Arthur J. Lawrence Jr.
On Thu, May 10, 2012 at 10:28 AM, Byrne, Dan <[email protected]<mallto:Dbyme®fbhh.com» wrote:
Mr. Lawrence,
This Is your last opportunity to avoid Immediate legal action by my clients. II is obvious that you are still stalking their son, and your
actions will not be tolerated.
To be clear:
o The Treyblg family Instructs and demands that you Immediately discontinue an communication to Drew, Jimmy or Davis, to
Cady directly, or to Cody or about Cody Indirectly through third parties. Speclflcally, you are to slop all communication with Cady's
friends about Cody. This means everything, Including ostensibly casual Inquiries.
o Your Input on Cody Is not wanted and not appreciated, and In the judgment of his parents Is detrimental to Cody.
a It you do not adhere to these demands, the Treyblga will uaa all legal means available to them to prevent such
communlcalfan and Interference with Cody.
a You should be aware that all of your communications with the Treyblgs, and your communication ab
others, are being forwarded to law enforcement authorities.
MR211
o The Treyblgs believe that your actions toward Cody and their family constitute actions which are or could be felonies In the
state of Texas.
o Your business and personal relationships with ALL the Treyblgs have been discontinued since February. Your persistent
failure to accept this and dlsoontlnue communications will not be tolerated. Please conduct yourself accordingly.
Dan Byrne
Fritz, Byrne, Head & Harrison, PLLC
98 San Jacinto Boulevard, Suite 2000
AusUn, Texas 78701·4288
Telephone: [phone]<tet:%2B512o/o29%20476-2020>
Direct Line: [phone]<tel:%26512%29%20322·4722>
Telecopler: {512) 477-5267<tel:%26512%29%20477-6267>
[email protected]<lllallto:[email protected]>
FBH
&H
Fritz, Byrne, Head & Harrison, PLLC
Attorneys at Law
• CONFIDENTIALITY NOTICE: This communication Is Intended only for the use of the Individual or entity to which It Is addressed and
may contain Information that Is privileged, confidential, and exempt from disclosure under applicable Jaw. It you are not the Intended
recipient of this Information, you are notified that any usa, dissernfnatlon, distribution, or copying of the communication Is strictly
prohibited.
P Please consider the environment before printing my email
From: Arthur Lawrence Jr. [mallto:[email protected]<maflta:512teachme®gmall.com>]
Sent: Wednesday, May 09, 2012 9;35 I'JA
To: Byrne, Dan
SubJect: Re: MATTERS!
Hi Mr. Byrne,
I know you stated that you 'received' my last e-mail but Is there any way you can assure me that you "DELIVERED" it to Jimmy
along with the one In the attachment In thla email? It also has the same password. I would greatly appreciate It If you do read It
unless given autho~atlon by Jimmy.
I presenUy do not plan on writing any more of these letters to Jimmy because I know he would rather forget I exslst but this letter
should solidify things wlth him and Cody. In addition, I am going to email Jimmy theses exact words, ''Your.attomey has to two
EXTREMELY IMPORTANT emalls and the password Is on the back of the sliver mercedes." Mr. Byrne please don't feel offended by
this. !Just need confirmation for Cody sake that Jimmy received these smalls. Once again thanks for all your paHence and
understanding. •
Arthur James Lawrence Jr.
512TEACHME
On Mon, Apr 16,2012 at 9:45AM, Byrne, Dan <Dbyme®lbhh.com<mallto:[email protected]>>Wrote:
received
Dan
From: Arthur Lawrence Jr. [mallto:[email protected]<lllallto:[email protected]>]
Sent: Monday, Aprll16, 2012 9:40AM
To: Byrne, Dan
Subject: MATTERS!
Attention Mr. Dan Byrne,
In this e-mail Ia a letter concerning Jimmy Treyblg and the real of the family. Please do not feel that Jimmy Is communicating with me
without your legal guidance because he Is not. I bellave that tlmlng Is crucial so I have finally been led to write him the letter In the
MR212
attachment.
The latter Is In a pdf form and requires a password that Jimmy knows. I ask that you forward this amalllo him that will aid In bringing
closure to the matters at hand, Even If you feel as though you know the password please do not allampt to open the file unless
Jimmy gives you authorization to do. Once again, this Is extremely personal to him and the family. Thanks.
Arthur J. Lawrence Jr.
Jimmy, in lhe attachment is the letter. II !s a pdf file whloh !e Adobe. If you do not have n, please download It for free oft the Internet.
in addition, the password Is CASE SENSITIVE. In short, Its all caps. Obviously the password is on the back of the silver Mercedes
end you have bean using It your entire life. I also ask that you get something to snack on before viewing lt.
AJ Lawrence
MR213
107
1 STATE OF TEXAS
2 COUNTY OF TRAVIS
3 I, Cathy Mata, Official Court Reporter in and for
4 the County Court at Law No. 1 of -Travis County, State of
5 Texas, do hereby certify that the foregoing contains a
6 true and correct transcription of all portions of
7 evidence and other proceedings requested in writing by
8 counsel for the parties to be included in this volume of
9 the Reporter's Record, in the above-styled and numbered
10 cause, all of which occurred in open court or in
11 chambers and were reported by me.
12 I further certify that this Reporter's Record of
13 the proceedings truly and correctly reflects the
14 exhibits, if any, admitted, tendered in an offer of
15 proof or offered into evidence.
16 I further certify that the total cost for the
17 preparation of this Reporter's Record is $610.50 and was
18 paid/will be paid by Mr. Daniel Byrne.
19 WITNESS MY OFFICIAL HAND this the 15h day of June,
20 2016.
21
22 /s/ Cathy Mata
Cathy Mata, Texas CSR No. 6126
23 Expiration Date: 12/31/17
Official Court Reporter, County Court at Law No. 1
24 Travis County, Texas
P.O. Box 1748, Austin, Texas 78767
25 Telephone (512) 854-9252
MR214
CAUSE NO. D-1-CV-16-001856
CODY TREYBIG, § IN THE DISTRICT COURT
Plaintiff, §
§
v. § TRAVIS COUNTY, TEXAS
§
ARTHUR J. "AJ" LAWRENCE, §
Defendant. § 3'53'd JUDICIAL DISTRICT 1.
DECLARATION OF CODY TBEYBIG
THE Sf'A TE OF TEXAS §
§
COUNTY OF TRAVIS §
I, Cody Treybig, am the plaintiff in the above referenced cause of action, and I am duly
qualified to make this declaration. All factual information and statements contained herein are
within my own personal knowledge and are true and correct
1. The document attached as Exhibit A·l to Plaintiffs summary judgment response
an~ response to the Defendant's plea to the jurisdiction is a true and correct copy of an essay that
I wrote about the Defendant Arthur J. "AJ" Lawrence when I was in the fourth grade in which I
called Lawrence my hero.
2. The documents attached as Exhibit A~2 (pp. 1-25) to Plaintiff's summary
judgment response. and response to the Defendant's plea to the jurisdiction are true and correct
transcripts that accurately reflect communications that I had with Lawrence over Skype at or
about the date and time reflected on each communication. These, along with the transcripts of
the Skype communications between Lawrence and my friend (Exhibit A~2, pp. 26-29) are the
Skype communications that my parents discovered at or around February 2012.
My name is Cody Treybig, my date of birth is 5/3/96, and work address c/o Fritz, Byrne,
Head & Gilstrap, PLLC, 221 W. 6"' Street, Suite 960, Austin, Texas 78701. As authorized by
section 132.001 of the Texas Civil Practice and Remedies Code, I declare under penalty of
perjury that the foregoing is true and correct. ·
Executed in Harris County, Texas on January 'a.~ 2017.
c~~
EXHIBIT
18
.
MR215
CAUSE NO. D-1-CV-16-001856
CODY TREYBIG, § IN THE DISTRICT COURT
Plaintiff, §
§
v. § TRAVIS COUNTY, TEXAS
§
ARTHUR J. "AJ'' LAWRENCE, §
Defendant. § 353rd JUDICIAL DISTRICT
DECLARATION OF DANIEL H. BYRNE
THE STATE OF TEXAS §
§
COUNTY OF TRAVIS §
I, Daniel H.· Byrne, am an attorney licensed in Texas, and I represent the Plaintiff, Cody
Treybig, in the above referenced cause of action. I am duly qualified to make this declaration. All
factual infonnation and statements contained herein are within my own personal knowledge and
are true and correct.
1. The document attached as Exhibit A-4 to Plaintiffs summary judgment response
and response to the Defendant's plea to the jurisdiction is a true and correct copy of a series of
email exchanges with the Defendant, Arthur J. "A.J." Lawrence. Each of the emails in Exhibit A-
4 was sent or received, as applicable, personally by me at my then current email address
(d [email protected]) at or about the date and time reflected on each ez:nail.
2. The document attached hereto as Exhibit A-3 to Plaintiffs summary judgment
response and response to the Defendant's plea to the jurisdiction is a true and correct copy of a
letter that was attached to the email appearing on the last two pages oft he above referenced Exhibit
A-4 dated April 16, 2012 which Defendant Lawrence sent to and received personally by me at my
then current email address at or about that date and time reflected on that email.
My name is Daniel H. Byrne, my date ofbirth is 3/29/57,and my work address is 221 W.
6th Street, Suite 960, Austin, Texas 78701. As authorized by section 132.001 ofthe Texas Civil
Practice and Remedies Code, I declare under penalty of perjury that the foregoing is true and
correct.
Executed in Travis County, Texas on Januaiy 24, 2017.
EXHIBIT
<!
I
MR216
1
1 REPORTER’S RECORD
VOLUME 1 OF 1 VOLUME
2 TRIAL COURT CAUSE NO. D-1-GN-16-001856
3
CODY TREYBIG ) IN THE DISTRICT COURT
4 )
)
5 VS. ) TRAVIS COUNTY, TEXAS
)
6 )
ARTHUR J. LAWRENCE ) 419TH JUDICIAL DISTRICT
7
8
9
10 _______________________________________________________
11
12 PLEA TO JURISDICTION
13
14 _______________________________________________________
15
16
17
18
19 On the 2nd day of February, 2017, the following
20 proceedings came on to be heard in the above-entitled and
21 numbered cause before the Honorable Orlinda Naranjo,
22 Judge Presiding, held in Austin, Travis County, Texas:
23 Proceedings reported by machine shorthand.
24
25
MR217
2
1 APPEARANCES
2
3 FOR THE PETITIONER:
4 MR. DANIEL H. BYRNE
AND
5 MS. LESSIE GILSTRAP
Fritz, Byrne, Head & Gilstrap
6 Suite 960
221 West Sixth Street
7 Austin, Texas
Phone: [phone]
8
9
FOR THE RESPONDENT:
10
MR. DOUGLAS M. BECKER
11 AND
MR. MONTE SWEARENGEN
12 Gray & Becker, PC
900 West Avenue
13 Austin, Texas
Phone: [phone]
14
15
16
17
18
19
20
21
22
23
24
25
MR218