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☛ Dufurrena sues Vogels for disclosure 11-28-17

DUFURRENA FILES COUNTER CLAIM AND SUES VOGELS FOR DISCLOSURE

By Glory Ann Kurtz
Nov. 28, 2017

On Oct. 7, 2017, Edward L. Dufurrena, the owner of Dufurrena Cutting Horses, LLC, Gainesville, Texas, was sued by Donald Eugene Vogel and his wife Janie S. Vogel, stating that they had become partners in Dos Cats Partners on March 11, 2011, investing $105,000 in the four horses: Auspicious Cat, Ozzum Man, Ozum Cat Cat and What Snaky Cat, as well as three embryos: one from Miss Ella Ray sired by Auspicious Cat, one from Miss Ella Rey sired by Metallic Cat and one out of Hickory Wheel sired by Auspicious Cat.

The suit continued that horses remaining in the partnership include Auspicious Cast, Stevie Rey Von and Crazy Train. Stevie Rey Von is the embryo out of Miss Ella Rey sired by Metallic Cat.

In 2015, Stevie Rey Von, ridden by Dufurrena, won the NCHA Cutting Horse Futurity, winning $341,570. Court papers say Dufurrena collected all the winnings, never sharing them with the Vogels for their 49 percent interest. They contend that Dufurrena never paid them anything according to the partnership agreement, with Dufurrena sending them self-generated invoices, containing questionable and unsubstantiated expenses.

On Oct. 20, Dufurrena filed an answer and counter claim against the Vogels, who were 66 at the time of the partnership agreement, and Jandon LLC, a Texas Limited Partnership, whose registered agent is Donald Eugene Vogel. The claim stated  that “over the years, the Vogels had placed 10 horses with Dufurrena and were not current with their account, accumulating an unpaid balance of approximately  $340,000. On Feb. 6, 2017, when the defendants came to pick up their horses, it was discovered that Dufurrena had a possessory lien under Texas law as agisters, requiring the person in possession of the horse to retain possession so that it may be sold to apply the proceeds of the sale to the unpaid balance of the charges subject to the lien.

Dufurrena’s lawsuit claims he had received a $100,000 check from the account of Jandon LLC which was “no good” and did not clear the bank despite multiple requests by the Plaintiffs that the check be covered. He claims the defendants have refused to make good on the check and the unpaid balance of the invoices.

The defendants are claiming damages of $340,000 exclusive of attorneys’ fees, costs and pre-judgment interest.

In his counter claim Dufurrena said the Vogels entered into a co-owners agreement pursuant to which the Vogels owned 49 percent of certain horses and embryos. One of the embryos died and no foal was produced. He said that with the knowledge of the Counter-Defendants, the Dufurrenas provided at their cost a replacement foal, which was accepted by counter-defendants. He said the Dufurrenas had no obligation to replace the failed embryo.

He continues that neither of the Counter-Defendants nor any partnership known as Dos Cats Partners owns any co-ownership or other interest in the horses known as Auspicious Cat, Creyzy Train or Stevie Rey Von. Counter-defendants interests in Auspicious Cat and Creyzy Train were applied against their unpaid accounts pursuant to the co-owners agreement. Dufurrena said Stevie Rey Von as not part of the co-owners agreement and Counter-Defendants have no interest in such horse, thus, they have no interest in his winnings.

Counter-Plaintiffs also seek a declaration that neither Counter-Defendant owns any interest in Stevie Rey Von, whether through a co-owners agreement, partnership or others well as Creyzy Train or Auspicious Cat, saying those interests were terminated before 2017. They Counter-Plaintiffs say they are entitled to an award from the Court for their costs and reasonable and necessary attorney’s fees as are equitable and just.

The documents went on to say that “If there is a finding that Counter-Defendants now own any interest in the horses made the subject of the co-owners agreement,  Counter-Plaintiffs seek a recovery of all charges due for such horse that were not paid when the offset was made – plus reasonable and necessary attorney fees.

The latest word on this case is that they are in mediation.

Click for Ed Dufurrena response>>

Click for Ed Dufurrena Request 4 disclosure>>

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