Filed: 6/16/2023 2:53 PM

Michael Gould
District Clerk
Collin County, Texas
471-03110-2023 By Rosanne Summers Deputy
Envelope ID: 76710698
NO. ___________________

BRET TAYLOR aka BRET ROYSTER § IN THE DISTRICT COURT

as the Representative and Independent
Administrator of THE ESTATE OF
RICHARD ALLEN ROYSTER and
THE ESTATE OF MARCEIL FIELDS
ROYSTER
Plaintiff, COLLIN COUNTY, TEXAS

v.

JESS MARSHALL and ____JUDICIAL DISTRICT

AUTOGRAPH CONSTRUCTION, INC.,
d/b/a ACCEDE, INC., ACCEDE
CONSTRUCTION, AXEDE, INC.,
AXEDE CONSTRUCTION,
AUTOGRAPH, AUTOGRAPH
GENERAL CONTRACTING, and
AUTOGRAPH DEVELOPMENT
Defendant.

PLAINTIFF’S ORIGINAL PETITION & REQUEST FOR

DECLARATORY JUDGMENT

Plaintiff BRET TAYLOR aka BRET ROYSTER as the Representative and

Independent Administrator of THE ESTATE OF RICHARD ALLEN ROYSTER and

THE ESTATE OF MARCEIL FIELDS ROYSTER files this Original Petition and Request

for Declaratory Judgment against Defendants JESS MARSHALL and AUTOGRAPH

CONSTRUCTION, INC., d/b/a ACCEDE, INC., ACCEDE CONSTRUCTION, AXEDE,

INC., AXEDE CONSTRUCTION, AUTOGRAPH, AUTOGRAPH GENERAL

CONTRACTING, and AUTOGRAPH DEVELOPMENT and alleges as follows:

A. DISCOVERY-CONTROL PLAN

1. Plaintiff intends to conduct discovery under Level 1 of Texas Rule of Civil

Procedure 190.4 and affirmatively pleads that this suit is not governed by the expedited

Plaintiff’s Original Petition & Request for Declaratory Judgment Page 1

actions process in Texas Rule of Civil Procedure 169 because Plaintiff requests

declaratory judgment.

B. RELIEF

2. Plaintiff seeks only monetary relief of $100,000 or less, including damages of any

kind, penalties, court costs, expenses, prejudgment interest, and attorney fees. Plaintiff

reserves the right to amend his Rule 47 statement as the facts and circumstances of the

case dictate.

C. PARTIES

3. Plaintiff BRET TAYLOR aka BRET ROYSTER is the Representative and

Independent Administrator of THE ESTATE OF RICHARD ALLEN ROYSTER and

THE ESTATE OF MARCEIL FIELDS ROYSTER and as such is authorized to bring this

suit. Plaintiff is a citizen of the State of Texas and resides in Collin County, Texas. The

last three digits of Plaintiff’s social security number are 548 and the last three digits of

his Texas Driver’s license number are 508.

4. Defendant AUTOGRAPH CONSTRUCTION, INC., d/b/a ACCEDE, INC.,

ACCEDE CONSTRUCTION, AXEDE, INC., AXEDE CONSTRUCTION, AUTOGRAPH,

AUTOGRAPH GENERAL CONTRACTING, and AUTOGRAPH DEVELOPMENT

(“AUTOGRAPH”) is a domestic for-profit corporation with its principal place of

business at 9229 Royalpine Drive, Dallas, Texas 75238 which can be served through its

registered agent Emily Ferguson at 9229 Royalpine Drive, Dallas, Texas 75238 or

wherever she may be found.

Plaintiff’s Original Petition & Request for Declaratory Judgment Page 2

5. Defendant JESS MARSHALL is the owner, CEO, and Director of Defendant

AUTOGRAPH and can be served at 1616 N Valley Pkwy, Lewisville, Texas 75077 or

wherever he may be found.

D. JURISDICTION & VENUE

6. The Court has jurisdiction over this lawsuit because the amount in controversy

is in excess of the minimum jurisdictional limits of the Court.

7. Venue is proper in Collin County under Texas Civil Practice & Remedies Code §

12.004. as an action under this chapter may be brought in any district court in the

county in which the recorded document is recorded or in which the real property is

located. The real property in question, as well as the recorded documents in question

are filed in Collin County, Texas.

E. FACTS

8. On May 9, 2023, in Collin County, Texas, Defendants filed two fraudulent liens

against the property located at 6409 Chinaberry Trial, Plano, Texas 75023 (“Property”)

claiming as follows: 1

1 Exhibit A (liens filed on May 9, 2023).

Plaintiff’s Original Petition & Request for Declaratory Judgment Page 3

9. No notice of liens were provided to the Plaintiff. Indeed, Plaintiff first learned

of the liens through the title company—just two days before the Property was scheduled

to close for sale on June 8, 2023. As a result of the fraudulent liens the sale of the

Property did not go forward, and Plaintiff continues to be obligated for all costs

associated with the Property—including mortgage, taxes, insurance, and utilities.

10. Since learning of the fraudulent liens, Plaintiff has reached out to Defendants to

request (1) a copy of the contract between Richard Allen Royster and/or Marceil Fields

Royster and Defendants related to any work performed on their homestead, (2) copies

of any notices and/or demands related to the materials and/or services provided, and

(3) support for any alleged work performed on the Property that remains unpaid. To

date, Defendants have failed and refused to provide any support for the liens.

11. To the contrary, Plaintiff has confirmed that all work performed, as set out in

the liens, was paid in full in 2020 and 2021.

12. Moreover, upon investigation, Plaintiff has learned that this not the first time

that Defendants have filed fraudulent liens: 2

2
https://www.facebook.com/jessfromthenorthwest/reviews
https://www.bbb.org/us/tx/dallas/profile/roofing-contractors/autograph-construction-0875-
91035752/complaints

Plaintiff’s Original Petition & Request for Declaratory Judgment Page 4

Plaintiff’s Original Petition & Request for Declaratory Judgment Page 5
 F. COUNT 1 – VIOLATION OF CIVIL PRACTICE & REMEDIES CODE §12.002

13. Defendants made, presented, and filed fraudulent liens against the Plaintiff’s

real property.

14. Defendants intended that the fraudulent lien be given the same legal effect as a

court record or document of a court created by or established under the constitution or

laws of this state evidencing a valid lien against real property.

15. Defendants intended to cause Plaintiff to suffer financial injury and/or mental

anguish or emotional distress.

16. Plaintiff seeks actual and statutory damages within the jurisdictional limits of

this Court.

17. Exemplary damages. Defendants violated the Civil Practice & Remedies Code §

12.002, which is the basis for this suit, with actual awareness of the falsity of defendants’

representation or promise, which entitles Plaintiff to exemplary damages under section

12.002(b)(4).

18. Attorney fees & other costs. Plaintiff are entitled to recover court costs and

reasonable attorney fees under Texas Civil Practice & Remedies Code § 12.002(B) (2-3).

COUNT 2 – REQUEST FOR DECLARATORY JUDGEMENT

19. This action is being brought pursuant to Chapter 37 of the Tex. Civ. Prac. &

Rem. Code § 37.004, which states in relevant part “a person interested under a deed,

will, written contract, or other writings constituting a contract or whose rights, status,

or other legal relations are affected by a statute, municipal ordinance, contract, or

franchise may have determined any question of construction or validity arising under

Plaintiff’s Original Petition & Request for Declaratory Judgment Page 6

the instrument, statute, ordinance, contract, or franchise and obtain a declaration of

rights, status, or other legal relations thereunder.”

20. The Plaintiff seeks a declaratory Judgment that the liens are invalid and shall be

removed.

21. The liens are deficient and invalid—as they are untimely, not supported by a

written contract, and do not contain the required notices. See Tex. Prop. Code §§ 53.254,

53.160.

22. Attorney Fees. Plaintiff is entitled to recover reasonable and necessary attorney

fees that are equitable and just under Texas Civil Practice & Remedies Code section

37.009 because this is a suit for declaratory relief.

COUNT 3 – QUIET TITLE

23. The invalid liens are clouding Plaintiff’s title. Plaintiff brings this equitable

action to remove the cloud and quiet title.

G. CONDITIONS PRECEDENT

24. Plaintiff alleges that all conditions precedent to foregoing causes of action have

been performed, have occurred, or have been waived.

H. PRAYER

25. For these reasons, Plaintiff ask that the Court issue citation for Defendants to

appear and answer, and that Plaintiff be awarded a judgment against Defendants for

the following:

a. Actual damages.

b. Exemplary damages.

Plaintiff’s Original Petition & Request for Declaratory Judgment Page 7

 c. statutory damages.

d. Prejudgment and post judgment interest.

e. Declaratory judgment that defendants have filed invalid liens and shall be
removed;

f. Court costs.

g. Attorney fees.

h. All other relief to which plaintiff is entitled.

Respectfully submitted,

ALSTRIN LAW, PLLC

/s/ Christina V. Alstrin

Christina Alstrin
Texas State Bar No. 24068019
Christina@AlstrinLaw.com
38A Rhea Mills Circle
Prosper, Texas 75078
Telephone: (281) 702-6286

Attorney for Plaintiff

Plaintiff’s Original Petition & Request for Declaratory Judgment Page 8

Exhibit A
 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.

Christina Alstrin on behalf of Christina Alstrin

Bar No. 24068019
christina@alstrinlaw.com
Envelope ID: 76710698
Filing Code Description: Plaintiff's Original Petition (OCA)
Filing Description: Plaintiff's Original Petition & Request for Declaratory
Judgment
Status as of 6/20/2023 8:13 AM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Christina Alstrin christina@alstrinlaw.com 6/16/2023 2:53:12 PM SENT