RE: Notice of Lawsuit Against Somervell County
Dear Mr. Lucas:
As you are aware, I represent Paul Harper in Cause No.: C10369, The State of Texas ex rel. George Darrell Best v. Paul Reed Harper, in the 249th Judicial District Court, Somervell County, Texas.
The trial court signed the final judgment in that case on September 10, 2019. A copy of the final judgment is enclosed. The final judgment awarded court costs, sanctions and reasonable attorneys’ fees to Harper in the amount of $268,723.00 plus interest.
Although the case was prosecuted in the name of the State of Texas, as required by statute, the State of Texas was not involved in any aspect of the lawsuit. Instead, the lawsuit was directed, funded, and prosecuted by Somervell County. As such, Somervell County is responsible for payment of the final judgment. See the enclosed November 7, 2019 letter from the office of the Attorney General of Texas.
You have advised me that the County has declined Mr. Harper’s offer to resolve this matter.
In light of the County’s refusal to negotiate, Mr. Harper hereby demands payment of the judgment, including post-judgment interest, within 30 days of receipt of this letter. If payment is not made, Mr. Harper has authorized me to file a lawsuit against Somervell County for the County’s breach of the statutory indemnification requirement of Chapter 87 of the Texas Local Government Code and a declaratory judgment for the same. Mr. Harper will seek from Somervell County all remedies afforded to him under the law, including costs and reasonable and necessary attorneys’ fees associated with the lawsuit against the County.
Please contact me to make arrangements to pay the judgment. If I do not hear from you regarding arrangements for payment, a lawsuit will be filed.
Mary H. Barkley
CC: Christopher A. Brown, Firm
BCC: Paul Harper