Dominique Reed and Dakota Hill v. Cypress Creek at South Cedar

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15-25-00197-CV
Appellate Docket Number: 03-25-00808-CV FIFTEENTH COURT OF APPEALS
Appellate Case Style: DOMINIQUE REED AND DAKOTA HILL AUSTIN, TEXAS
Vs. CYPRESS CREEK AT SOUTH CEDAR DBA CYPRESS CREEK AT SOUTH11/7/2025
CEDAR 1:28 PM
Companion CHRISTOPHER A. PRINE
Case(s): CLERK
Amended/Corrected Statement FILED IN
15th COURT OF APPEALS
DOCKETING STATEMENT (Civil) AUSTIN, TEXAS
Appellate Court: 15th Court of Appeals 11/7/2025 1:28:10 PM
(to be filed in the court of appeals upon perfection of appeal under TRAP 32) A. PRINE
CHRISTOPHER
Clerk
NOTE: Because space for additional parties / attorneys is limited on this form, you can include the information on a separate document. As per TRAP
32.1 and 9.4, please include party’s name and the name, address, email address, telephone number, fax number, if any, and State Bar Number of the
party’s lead counsel. If the party is not represented by an attorney, that party’s name, address, telephone number, fax number should be provided.

I. Appellant II. Appellant Attorney(s) - Continued
Person Organization Lead Attorney Select
Name: DOMINIQUE REED AND DAKOTA HILL Name:
Pro Se Bar No.
If Pro Se Party, enter the following information: Firm/Agency:
Address: P.O Box 12108 MC068 Address 1:
City/State/Zip: AUSTIN, TEXAS 78711-2108 Address 2:
Tel. 512-763-2003 Ext. Fax: City/State/Zip:
Email: DOMINIQUE.AC.REED@OUTLOOK.COM Tel. Ext. Fax:
II. Appellant Attorney(s) Email:
Lead Attorney Select
Lead Attorney Select
Name: Name:
Bar No.
Bar No.
Firm/Agency:
Firm/Agency:
Address 1: Address 1:
Address 2:
Address 2:
City/State/Zip: City/State/Zip:
Tel. Ext. Fax:
Tel. Ext. Fax:
Email:
Email:
Lead Attorney Select
Lead Attorney Select
Name:
Name:
Bar No.
Bar No.
Firm/Agency:
Firm/Agency:
Address 1:
Address 1:
Address 2:
Address 2:
City/State/Zip:
City/State/Zip:
Tel. Ext. Fax:
Tel. Ext. Fax:
Email:
Email:

Page 1 of 11
III. Appellee IV. Appellee Attorney(s) - Continued
Person Organization Lead Attorney Select
Name: CYPRESS CREEK AT SOUTH CEDAR Name:
Pro Se Bar No.
If Pro Se Party, enter the following information: Firm/Agency:
Address: Address 1:
City/State/Zip: Address 2:
Tel. Ext. Fax: City/State/Zip:
Email: Tel. Ext. Fax:
Email:
IV. Appellee Attorney(s)
Lead Attorney Retained Attorney Lead Attorney Select

Name: Mr Richard Barclay Name:
Bar No. 2412511 Bar No.
Firm/Agency: Hoover Slovacek LLP Firm/Agency:
Address 1:5051 Westheimer, Suite 1200 Address 1:
Address 2: Address 2:
City/State/Zip: Houston, Texas 77056 City/State/Zip:
Tel. (713) 977-8686 Ext. Fax: Tel. Ext. Fax:
Email: barclay@hooverslovacek.com Email:

Lead Attorney Retained Attorney Lead Attorney Select

Name: Mr. Joshua Anderson Name:
Bar No. 24027198 Bar No.
Firm/Agency: Hoover Slovacek LLP Firm/Agency:
Address 1:5051 Westheimer, Suite 1200 Address 1:
Address 2: Address 2:
City/State/Zip:Houston, Texas 77056 City/State/Zip:
Tel. Ext. Fax: Tel. Ext. Fax:
Email:janderson@hooverslovacek.com Email:

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V. Perfection of Appeal, Judgment and Sentencing
Nature of Case (Subject matter or type of case): Contract
Date Order or Judgment signed: October 14, 2025 Type of Judgment: Bench Trial
Date Notice of Appeal filed in Trial Court: October 20, 2025
If mailed to the Trial Court clerk, also give the date mailed:
Interlocutory appeal of appealable order: Yes No
If yes, please specify statutory or other basis on which interlocutory order is appealable (See TRAP 28):

Accelerated Appeal (See TRAP 28): Yes No
If yes, please specify statutory or other basis on which appeal is accelerated:

Parental Termination or Child Protection? (See TRAP 28.4): Yes No
Permissive? (See TRAP 28.3): Yes No
If yes, please specify statutory or other basis for such status:

Agreed? (See TRAP 28.2): Yes No
If yes, please specify statutory or other basis for such status:

Appeal should receive precedence, preference, or priority under statute or rule? Yes No
If yes, please specify statutory or other basis for such status:
Eviction Appeals recieve precedence under Tex. Prop Code S 24.007 and TRAP 24.2 (a) (3).

Does this case involve an amount under $100,000? Yes No
Judgment or Order disposes of all parties and issues? Yes No
Appeal from final judgment? Yes No
Does the appeal involve the constitutionality or the validity of a statute, rule, or ordinance? Yes No
If yes, you must also complete and file the Challenge to Constitutionality of a State Statute form.
If yes, is the Attorney General of Texas a party to the case? Yes No

VI. Actions Extending Time to Perfect Appeal
Motion for New Trial: Yes No If yes, date filed:
Motion to Modify Judgment: Yes No If yes, date filed:
Request for Findings of Fact and Conclusions of Law: Yes No If yes, date filed:
Motion to Reinstate: Yes No If yes, date filed:
Motion under TRCP 306a: Yes No If yes, date filed:
Other: Yes No
If Other, please specify:

Page 3 of 11
VII. Indigency of Party (Attach file stamped copy of Statement and copy of the trial court order.)
Was Statement of Inability to Pay Court Costs filed in the trial court? Yes No
If yes, date filed: 9/8/2025
Was a Motion Challenging the Statement filed in the trial court? Yes No
If yes, date filed:
Was there any hearing on appellant’s ability to afford court costs? Yes No
Hearing Date:
Did trial court sign an order under Texas Rule of Civil Procedure 145? Yes No

Date of Order:
If yes, trial court finding: Challenge Sustained Overruled
VIII. Bankruptcy
Has any party to the court’s judgment filed for protection in bankruptcy which might affect this appeal?
Yes No
If yes, please attach a copy of the petition.
Date bankruptcy filed:
Bankruptcy Case Number:

IX. Trial Court and Record
Court:COUNTY COURT AT LAW 1 Clerk’s Record
County: BELL COUNTY Trial Court Clerk: District County
Trial Court Docket No. (Cause No.): Was Clerk’s record requested? Yes No
25CCV01420
If yes, date requested: 10/31/2025
Trial Court Judge (who tried or disposed of the case): If no, date it will be requested:
Name: JUDGE PAUL A MOTZ
Were payment arrangements made with clerk?
Address 1: P.O. BOX 781
Yes No Indigent
Address 2:
(Note: No request required under TRAP 34.5(a),(b).)
City/State/Zip: BELTON, TEXAS 76513
Tel.254-933-6757 Ext. Fax:
Email: CCL1@bellcounty.texas.gov

Page 4 of 11
IX. Trial Court and Record - Continued
Reporter’s or Recorder’s Record
Is there a Reporter’s Record? Yes No
Was Reporter’s Record requested? Yes No
If yes, date requested: 11/3/2025
If no, date it will be requested:
Was the Reporter’s Record electronically recorded? Yes No
Were payment arrangements made with the court reporter/court recorder? Yes No Indigent

Court Reporter Court Recorder Court Reporter Court Recorder
Official Substitute Official Substitute
Name: SUSAN TUERCK Name:
Address 1: 1201 HUEY RD Address 1:
Address 2: Address 2:
City/State/Zip: BELTON, TEXAS 76513 City/State/Zip:
Tel. 254-933-5325 Ext. Fax: Tel. Ext. Fax:
Email: Susan.Tuerck@bellcounty.texas.gov Email:

X. Supersedeas Bond
Supersedeas bond filed? Yes No
If yes, date filed:
If no, will file? Yes No

XI. Extraordinary Relief
Will you request extraordinary relief (e.g., temporary or ancillary relief) from this Court? Yes No
If yes, briefly state the basis for your request:
Maintenance of the appellate stay pursuant to Texas Rule of Appellate Procedure 24.4(c) to preserve possession and the status quo
pending a determination of the trial court's subject-matter jurisdiction.

Page 5 of 11
XII. Alternative Dispute Resolution/Mediation
(Complete section if filing in the 1st, 2nd, 4th, 5th, 6th, 8th, 10th, 11th, 13th, or 14th Court of Appeals.)
Should this appeal be referred to mediation? Yes No
If no, please specify:
Has this case been through an ADR procedure? Yes No
If yes, who was the mediator?
What type of ADR procedure?
At what stage did the case go through ADR? Pre-Trial Post-Trial Other
If other, please specify:
Type of Case? Contract
Give a brief description of the issue to be raised on appeal, the relief sought, and the applicable standard for review, if
known (without prejudice to the right to raise additional issues or request additional relief):
SEE ATTACHMENT (A)

How was the case disposed of? Default Judgement
Summary of relief granted, including amount of money judgment, and if any, damages awarded.
If money judgment, what was the amount? Actual damages: 3,123.81
Punitive (or similar) damages:
Attorney’s fees (trial): 1,500.00
Attorney’s fees (appellate):
Other:
If other, please specify:
Will you challenge this Court’s jurisdiction? Yes No
Does judgment have language that one or more parties “take nothing”? Yes No
Does judgment have a Mother Hubbard clause? Yes No
Other basis for finality:

Page 6 of 11
XII. Alternative Dispute Resolution/Mediation - Continued
(Complete section if filing in the 1st, 2nd, 4th, 5th, 6th, 8th, 10th, 11th, 13th, or 14th Court of Appeals.)
Rate the complexity of the case (use 1 for least and 5 for most complex): 1 2 3 4 5
Please make my answer to the preceding questions known to other parties in this case? Yes No
Can the parties agree on an appellate mediator? Yes No
If yes, please give the name, address, telephone, fax, and email address:
Name:
Address:
Telephone: Ext.
Fax:
Email:
Languages other than English in which the mediator should be proficient:

Name of the person filling out mediation section of docketing statement:
DOMINIQUE REED AND DAKOTA HILL

XIII. Related Matters
List any pending or past related appeals before this, or any other Texas Appellate Court, by Court, Docket, and Style.
Court: Select Appellate Court Docket:
Style:
Vs.
Court: Select Appellate Court Docket:
Style:
Vs.
Court: Select Appellate Court Docket:
Style:
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Style:
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Style:
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Court: Select Appellate Court Docket:
Style:
Vs.

Page 7 of 11
XIV. Pro Bono Program:
(Complete section if filing in the 1st, 2nd, 3rd, 5th, 7th, 13th or 14th Court of Appeals.)
The Courts of Appeals listed above, in conjunction with the State Bar of Texas Appellate Section Pro Bono Committee
and local Bar Associations, are conducting a program to place a limited number of civil appeals with appellate counsel
who will represent the appellant in the appeal before this Court.
The Pro Bono Committee is solely responsible for screening and selecting the civil cases for inclusion in the Program
based upon a number of discretionary criteria, including the financial means of the appellant or appellee. If a case is
selected by the Committee, and can be matched with appellate counsel, that counsel will take over representation of the
appellant or appellee without charging legal fees. More information regarding this program can be found in the Pro Bono
Program Pamphlet available in paper form at the Clerk's Office or on the Internet at http://www.tex-app.org. If your case
is selected and matched with a volunteer lawyer, you will receive a letter from the Pro Bono Committee within thirty (30)
to forty-five (45) days after submitting this Docketing Statement.
Note: there is no guarantee that if you submit your case for possible inclusion in the Pro Bono Program, the Pro Bono
Committee will select your case and that pro bono counsel can be found to represent you. Accordingly, you should not
forego seeking other counsel to represent you in this proceeding. By signing your name below, you are authorizing the
Pro Bono committee to transmit publicly available facts and information about your case, including parties and
background, through selected Internet sites and Listserv to its pool of volunteer appellate attorneys.
Do you want this case to be considered for inclusion in the Pro Bono Program? Yes No
Do you authorize the Pro Bono Committee to contact your trial counsel of record in this matter to answer questions the
committee may have regarding the appeal? Yes No
Please note that any such conversations would be maintained as confidential by the Pro Bono Committee and the
information used solely for the purposes of considering the case for inclusion in the Pro Bono Program.
If you have not previously filed a Statement of Inability to Pay Court Costs and attached a file-stamped copy of that
Statement, does your income exceed 200% of the U.S. Department of Health and Human Services Federal Poverty
Guidelines? Yes No
These guidelines can be found in the Pro Bono Program Pamphlet as well as on the internet at
http://aspe.hhs.gov/poverty/06poverty.shtml.
Are you willing to disclose your financial circumstances to the Pro Bono Committee? Yes No
If yes, please attach a Statement of Inability to Pay Court Costs completed and executed by the appellant or appellee.
Sample forms may be found in the Clerk's Office or on the internet at http://www.tex-app.org. Your participation in
the Pro Bono Program may be conditioned upon your execution of a Statement under oath as to your financial
circumstances.

Give a brief description of the issues to be raised on appeal, the relief sought, and the applicable standard of review, if
known (without prejudice to the right to raise additional issues or request additional relief; use a separate attachment, if
necessary).
Attachment A – Description of Issues, Relief Sought, and Standard of Review

Page 8 of 11
XV. Fifteenth Court of Appeals Jurisdiction
Effective 9/1/24, certain cases filed with this court must be transferred to the new Fifteenth Court of Appeals (See SB
1045, 88th Legislature, Regular Session). To assist the court in the orderly transfer or cases, please complete the
following information.
Does this appeal involve a matter brought by or against the state or a board, commission, department, office, or other
agency in the executive branch of the state government, including a university system or institution of higher education
as defined by Section 61.003, Education Code, or by or against an officer or employee of the state or a board,
commission, department, office, or other agency in the executive branch of the state government arising out of that
officer ’s or employee ’s official conduct? Yes No
If the answer is yes, does this appeal involve:
a proceeding brought under the Family Code and any related motion or proceeding;
a proceeding brought under Chapter 7B or Article 17.292, Code of Criminal Procedure;
a proceeding brought against a district attorney, a criminal district attorney, or a county attorney with criminal
jurisdiction;
a proceeding relating to a mental health commitment;
a proceeding relating to civil asset forfeiture;
a condemnation proceeding for the acquisition of land or a proceeding related to eminent domain;
a proceeding brought under Chapter 101, Civil Practice and Remedies Code;
a claim of personal injury or wrongful death;
a proceeding brought under Chapter 125, Civil Practice and Remedies Code, to enjoin a common nuisance;
a proceeding brought under Chapter 55, Code of Criminal Procedure;
a proceeding under Chapter 22A, Government Code;
a proceeding brought under Subchapter E-1, Chapter 411, Government Code;
a proceeding brought under Chapter 21, Labor Code;
a removal action under Chapter 87, Local Government Code;
a proceeding brought under Chapter 841, Health and Safety Code;

XVI. Signature
October 25, 2025
Signature of counsel (or Pro Se Party) Date
DOMINIQUE REED AND DAKOTA HILL
Printed Name State Bar No.
s/ DOMINIQUE REED AND DAKOTA HILL
Electronic Signature (Optional) Name

XVII. Certificate of Service
The undersigned counsel certifies that this Docketing Statement has been served on the following lead counsel for all
parties to the Trial Court’s Order or Judgment as follows on:
s/ DOMINIQUE REED AND DAKOTA HILL
Signature of counsel (or Pro Se Party) Electronic Signature (Optional)

State Bar No.

Certificate of Service Requirements (TRAP 9.5(e)): A certificate of service must be signed by the person who made the service and
must state:
(1) the date and manner of service;
(2) the name and address of each person served, and
(3) if the person served is a party’s attorney, the name of the party represented by the attorney.

Page 9 of 11
Please enter the following for each person served:
Date Served: November 6, 2025 Date Served:
Manner Served: eServe Manner Served: Select
Name: Mr Richard Barclay Name:
Bar No. 2412511 Bar No.
Firm/Agency: Hoover Slovacek LLP Firm/Agency:
Address 1: 5051 Westheimer, Suite 1200 Address 1:
Address 2: Address 2:
City/State/Zip: Houston, Texas 77056 City/State/Zip:
Tel. (713) 977-8686 Ext. Fax: Tel. Ext. Fax:
Email: barclay@hooverslovacek.com Email:
Party: Lead Attorney Party:

Date Served: November 6, 2025 Date Served:
Manner Served: eServe Manner Served: Select
Name: Mr Joshua Anderson Name:
Bar No. 24027198 Bar No.
Firm/Agency: Hoover Slovacek LLP Firm/Agency:
Address 1: 5051 Westheimer, Suite 1200 Address 1:
Address 2: Address 2:
City/State/Zip: Houston, Texas 77056 City/State/Zip:
Tel. Ext. Fax: Tel. Ext. Fax:
Email: janderson@hooverslovacek.com Email:
Party: Party:

Date Served:
Manner Served: Select
Name:
Bar No.
Firm/Agency:
Address 1:
Address 2:
City/State/Zip:
Tel. Ext. Fax:
Email:
Party:

Page 10 of 11
Please enter the following for each person served that is not an attorney for a party:
Date Served: 10/6/2025 Date Served:
Manner Served: Select Manner Served: Select
Name: Christy Case Name:
Address 1:460 south cedar Rd Address 1:
Address 2: Address 2:
City/State/Zip: Temple, Texas 76502 City/State/Zip:
Tel. Ext. Tel. Ext.
Fax: Fax:
Email: manager.ccsc@bonnercarrington.com Email:

Date Served: Date Served:
Manner Served: Select Manner Served: Select
Name: Name:
Address 1: Address 1:
Address 2: Address 2:
City/State/Zip: City/State/Zip:
Tel. Ext. Tel. Ext.
Fax: Fax:
Email: Email:

Date Served: Date Served:
Manner Served: Select Manner Served: Select
Name: Name:
Address 1: Address 1:
Address 2: Address 2:
City/State/Zip: City/State/Zip:
Tel. Ext. Tel. Ext.
Fax: Fax:
Email: Email:

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Page 11 of 11
Attachment (A) to Docketing Statement
Fifteenth Court of Appeals
Austin, Texas

Case Style: DOMINIQUE REED v. CYPRESS CREEK AT SOUTH CEDAR

Trial Court Case No: 25CCV01420

Appellate Case No: 03-25-00808-CV/Transferred Case- Awaiting Fifteenth Court of Appeals
Case No.

Issues to Be Raised on Appeal

● Whether the trial court committed reversible error by presiding over the forcible-detainer
action, thereby lacking fundamental subject-matter jurisdiction, due to the landlord's reliance on
a nullified and extinguished notice to vacate that failed the requirement of strict compliance
with Texas Property Code § 24.005 and Texas Rule of Civil Procedure 510.3(a).

● Whether the landlord's agent's instruction to make payment and subsequent acceptance
of said payment constituted a waiver per se of the June 5, 2025 notice to vacate, thereby
extinguishing any jurisdictional predicate for the eviction suit.

● Whether private lease clauses such as non-waiver clauses or holding-over provisions are
inoperable to confer subject-matter jurisdiction or override mandatory, statutory notice
requirements under § 24.005.

● Whether the court failed to apply mandatory federal and state regulatory protections for
residents of Low-Income Housing Tax Credit (LIHTC) properties, which explicitly require the
'good cause' standard for evictions (26 U.S.C. § 42(h)(6)(E)(ii) and 10 Tex. Admin. Code §
10.613).

● Whether the court failed to consider the substantive defenses and procedural restrictions
imposed by the Violence Against Women Act (VAWA) (34 U.S.C. § 12491) where applicable,
and failed to scrutinize the timing of the forcible detainer filing subsequent to Appellant's
receipt and use of State Crime Victims Compensation Relocation Funds intended for housing
stabilization as evidence that the landlord's action lacked the requisite 'good cause' under
protected tenancy provisions.
Jurisdictional Foundation

● Jurisdiction in eviction cases is strictly statutory. Texas courts possess jurisdiction only
when a landlord has demonstrated strict compliance with the requirements of Texas Property
Code § 24.005 and Texas Rule of Civil Procedure 510.3(a), including the provision of a valid,
written notice to vacate that matches the rental period for which possession is sought. A court
that proceeds without such compliance acts outside its vested authority, and the resultant
judgment is void for lack of subject-matter jurisdiction. The landlord’s action relies on an
extinguished June 5 notice that was rendered ineffectual by the Appellant's subsequent cure.

Statutory Notice and Rent Acceptance

● Texas law mandates that a separate, effective notice to vacate must be issued for each
rental period claimed in an eviction. If a landlord issues a notice to vacate but then accepts rent
for that same period, the notice is conclusively waived and extinguished. This controlling
principle dictates that the landlord must serve a new statutory notice before re-filing suit.
Specifically, the June 5,2025 notice to vacate was nullified when the property manager
affirmed Appellant could cure the payment before any eviction filing, and the Appellant did in
fact cure the notice to vacate default prior to the filing of the eviction petition. The landlord's
reliance on the extinguished June notice as the predicate for forcible detainer constitutes a
jurisdictional defect. Critically, no private lease clause can override these jurisdictional and
statutory prerequisites.

Federal Housing Protections: LIHTC and VAWA

● For tenants residing in units regulated by the Low-Income Housing Tax Credit (LIHTC)
program, federal and state regulations require that evictions occur only for good cause. See 26
U.S.C. § 42(h)(6)(E)(ii); 10 Tex. Admin. Code § 10.613. The Texas Department of Housing and
Community Affairs (TDHCA) enforces these standards. Specifically, the notice to vacate
concerning the rental period of June was cured by the Appellant prior to the filing of the petition
for forcible detainer, thereby eliminating the element of default required to establish 'good
cause' for termination of the tenancy. A defective, expired, or cured notice to vacate does not
satisfy the LIHTC requirement for 'good cause' and renders the eviction unlawful.

● Additionally, the Violence Against Women Act (VAWA), codified at 34 U.S.C. § 12491,
restricts evictions of victims of domestic violence, requiring enhanced procedures and
justifications. The facts demonstrate that the eviction proceedings were initiated subsequent to
the Appellant's receipt and utilization of State Crime Victims Compensation Relocation Funds,
a one-time payment provided for housing stabilization. This timing must be considered when
evaluating the landlord's burden to prove 'good cause' for termination, raising a material issue as
to whether the action violated the Appellant's protected status and utilized the court system for
an improper purpose, which the trial court failed to adjudicate.

Relief Sought

Appellant respectfully requests that the Fifteenth Court of Appeals:

1. Vacate the judgment for possession as void ab initio for lack of subject-matter jurisdiction;

2. Dismiss the underlying forcible-detainer action with prejudice;

3. In the alternative, Appellant requests that the judgment be vacated and the case dismissed
without prejudice, or remanded for further proceedings consistent with applicable law;

4. Maintain the appellate stay under Texas Rule of Appellate Procedure 24.4(c) pending final
resolution.

Standard of Review

All issues concerning subject-matter jurisdiction, statutory notice compliance under Texas Property
Code § 24.005, Rule 510.3(a), and federal housing rights under LIHTC and VAWA are reviewed de
novo (a non-deferential, plenary review). Appellant reserves the right to raise additional issues and
refine the standard of review in subsequent briefing.

Certificate of Service

I certify that a true and correct copy of this Attachment (A) to the Docketing Statement was served on
Alex Barclay and Joshua Anderson Plaintiff’s Attorney of record, on November 7, 2025 via eFileTexas.

____________/_____________
Dominique Reed and Dakota Hill
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.

Envelope ID: 107805372
Filing Code Description: Docketing Statement
Filing Description: Docketing Statement/Attachment (A)
Status as of 11/7/2025 3:43 PM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Alex Barclay barclay@hooverslovacek.com 11/7/2025 1:28:10 PM SENT

Dominique ACReed dominique.ac.reed@outlook.com 11/7/2025 1:28:10 PM SENT

Christy Case manager.ccsc@bonnercarrington.com 11/7/2025 1:28:10 PM SENT

Joshua Anderson janderson@hooverslovacek.com 11/7/2025 1:28:10 PM SENT