Mandamus History of D’Metria Benson County Court at Law Number One

D'Metria Benson Queen of the Texas Mandamus

Mandamus and Appellate History of D’Metria Benson Prior to 2012

A review of the Mandamus history of D’Metria Benson prior to 2012 in the Fifth Circuit Court of Appeals located in Dallas, Texas, can be found at Court Stuff:

CourtStuff

Mandamus and Appellate History of D’Metria Benson After 2012  

(The Illustrated Version)

(work in progress will be expanded and updated)

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In Re: Victor Enterprises, Inc. 

Mandamus Granted for the Third Time: Link Here

Texas Lawyer Article Here

D'Metria Benson Texas Lawyer Article

D’Metria Benson Texas Lawyer Article

D'Metria Benson Dallas Observer

D’Metria Benson Disgrace to the Judiciary

Two Observer Articles

“After Five Years and Three Mandamuses Fifth Circuit May Transfer Case Away from Judge [D’Metria Benson]”

D'Metria Benson Mandamus Queen

D’Metria Benson Mandamus Queen – One Case – Three Mandamus in Five Years

NOTE FOR NON-ATTORNEYS:  A Mandamus represents an expensive and time consuming process.  A transcript of the Court’s proceedings must be purchased by the movant, the pleading filed in the case must be included in the process and a legal brief prepared which references each page an line in the transcript with supporting law.

Few parties can afford this process.  Office overhead for attorneys is amongst the highest of the professions.  Few attorneys can afford to work for free.

Because Mandamus and appeal are expensive and time consuming D’Metria Benson is able to ignore the law and punish attorneys and their clients for reasons known only to her.

D’Metria Benson is not only the worst Judge in Dallas County but she is wholly incompetent.

 

The D’Metria Benson Deposition of June 13, 2013, the summary and the deposition have been briefly posted (again).

I have been asked multiple times to repost the deposition, it’s summary and the links again.

My problem with this is the innocent people D’Metria drug into her conduct in Henderson County.  However, that issue must be weighed against the insight into D’Metria’s character and respect for the law that the deposition provides.

So many have been harmed by D’Metria; not everyone can go to the Appellate three times on Mandamus like William Wolf.

I simply do not want to contribute to harming more people because of D’Metria by posting the deposition summary.  It is unfathomable this woman is a judge.  In the last fifteen months, since the website began heard countless stories of incompetence coupled with devastating consequence have been shared.

The deposition reflects a woman, a judge who played fast and lose with the truth.  The facts are exposed, the evidence is there.  It remains to another to take action.

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Willard Ragland v. BNSF Railway Company – SHAM AFFIDAVIT ISSUE

EVIDENTIARY ISSUE:  Court abused its discretion by sustaining Appellee’s objection to Appellant’s affidavit as a sham affidavit.  Link Here.

What makes this case so interesting is that it addresses the precise issue of the Benson personal case in the 12th Circuit Court of Appeals, a SHAM AFFIDAVIT.

12th Court of Appeals Docket:  http://www.search.txcourts.gov/Case.aspx?cn=12-13-00287-CV&coa=coa12

Appellant’s Brief Addressing the issue of sham affidavit:  Link Here

12th Court of Appeals Sham Affidavit Ruling:  Link Here

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D'Metria_Benson_Deposition_Henderson_County_Texas

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CCC Group, Inc. v. South Central Cement, Ltd. 

Cause Number:  01-13-00567-CV; Date Filed: 07/03/2013
Reversed and Rendered
Party PartyType Representative
CCC Group, Inc. Appellant Brianne Richardson
David V. Wilson III
South Central Cement. Ltd. Appellee Carlton D. Wilde Jr.
A Randall Friday
J. Daniel Long

– See more at: http://www.search.txcourts.gov/Case.aspx?cn=01-13-00567-CV&coa=coa01#sthash.5LLy6d3t.dpuf

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Lisle Patton & Barrett Daffin Frappier Turner & Engel, et al  v. Collin D. Porterfield 
Cause Number:  05-11-01619-CV, filed:  05-11-01619-CV

- See more at: http://www.search.txcourts.gov/Case.aspx?cn=05-11-01619-CV&coa=coa05#sthash.QI0tjJNl.dpuf

Reverse and Rendered:  Link Here

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Michael E. Killebrew, Jr.  v.  BKE Investments, Inc. 
Cause Number:  03-13-00149-CV; Date Filed: 03/01/2013
- See more at: http://www.search.txcourts.gov/Case.aspx?cn=03-13-00149-CV&coa=coa03#sthash.1epKpVdE.dpuf

 

Party PartyType Representative
BKE Investments, Inc. Appellee Dr. J. Hyde
Killebrew, Junior, Michael E. Appellant Mr. Anthony G. Read
Mr. William B. Gammon

Mandate:  Revise or Reverse Judgment:  Link Here

 ________________________________________________

OMP DEVELOPMENT, LLC., ICI CONSTRUCTION, INC., PAVECON COMMERCIAL CONCRETE, LTD., G&D POOL & SPA, INC., H.E. JONES & COMPANY, INC. D/B/A LASTING IMPRESSIONS LANDSCAPE, AND 2600 MONTGOMERY, LLC HYDROTECH ENGINEERING, INC. AND SWABACK PARTNERS, PLLC

Cause Number:  14-0706; Date Filed: 09/08/2014

Petition for Review originally filed as 53.7(f)

– See more at: http://www.search.txcourts.gov/Case.aspx?cn=14-0706&coa=cossup#sthash.cEbJXe6H.dpuf

Party PartyType Representative
American Mechanical/Crawford Service Other interested party Mr. William W. Hancock
OMP Development LLC Petitioner Mr. Evan (Van) Lane Shaw
Ms. Janet R. Randle
Hydrotech Engineering Inc. Respondent Mr. D. Mark Davis
Mr. R. David Weaver
Mr. Eric L. Lindstrom
Swaback Partners PLLC Respondent Mr. D. Mark Davis
Mr. Eric L. Lindstrom
Mr. R. David Weaver
H.E. Jones & Company, Inc. Other interested party Mr. Chris C. Pappas
Mr. Joseph Lawrence Mira
Hunt & Joiner, Inc. Other interested party Mr. Richard E. Schellhammer
ChasCo Interiors, Inc. Other interested party Ms. L. Darlene Mitchell
Mr. John H. Barr II
Southwest Sealers, Inc. Other interested party Mr. William Stewart Shurtleff
Pavecon Commercial Concrete, Ltd. Other interested party Mr. William Reese Jones
Mr. Lane Phillip Farley
Lattimore Material Corp. Other interested party Mr. Ryan Gentry
G&D Pool & Spa, Inc. Other interested party Mr. Jeffery Mark Kershaw
Mr. William H. Chamblee
Caprock Specialty Contractors, Inc. Other interested party Mr. Eric Wilder McNeil
Quality Custom Rail & Metal, LLC Other interested party Mr. Samuel Joseph Polak
Mr. Franklin Perry
2600 Montgomery, LLC Petitioner Mr. Evan (Van) Lane Shaw
Ms. Janet R. Randle
ICI Construction, Inc. Other interested party Mr. David Surratt
Mr. John Stephen Kenefick
Mr. Jason Jung
Law Office Van Shaw Donation D'Metria Benson

Law Office Van Shaw Donation D’Metria Benson

Van-Shaw-Law-Firm=Donation=D'Metria-Benson

Law Office Van Shaw Contribution to D'Metria Benson

Law Office Van Shaw Contribution to D’Metria Benson

– See more at: http://www.search.txcourts.gov/Case.aspx?cn=14-0706&coa=cossup#sthash.y681U1fn.dpuf

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Ten Hagen Excavating, Relator.  Cause Number: 05-14-00539-CV

Petition for Writ of Mandamus. May 2, 2014:    Link Here

Ten Hagen Excavating, Relator.  Cause Number: 05-14-00539-CV

Docket Here

Mandamus Granted Here

Party PartyType Representative
Lopez-Castro, Jose Real party in interest Aaron Spahr
Ten Hagen Excavating Inc. Relator Jay R. Downs
M. Gaddy Wells

- See more at: http://www.search.txcourts.gov/Case.aspx?cn=05-14-00539-CV&coa=coa05#sthash.Jlbgzk82.dpuf

 

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James Lermon v. Minyard Food Stores and Rodney Lee

Appeal March 18, 2013 –  Link Here

Party PartyType Representative
Lermon, James Appellant Curtis L. Marsh
Bruce K. Thomas
Thomas Dean Malone
Minyard Food Stores, Inc., and Rodney Lee Appellee Matthew D. Stayton
David E. Keltner
Marianne Marsh Auld
David Hill Bradley

Trial Counsel Appellee:  WALTERS, BALIDO & CRAIN, LLP

Trial Counsel Appellants: Curtis L. Marsh – The Law Firm of Curtis Marsh, PLLC

- See more at: http://www.search.txcourts.gov/Case.aspx?cn=05-13-00034-CV&coa=coa05#sthash.4xubAxcY.dpuf

 

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In Re:  MetroPCS Communications, Inc., Deutsche Telecom, T-Mobile USA Inc. et al

 05-12-01577-CV  Date Filed: 11/19/2012  Petition Link Here
In Re: MetroPCS Communications, Inc., Deutsche Telekom, T-Mobile USA, Inc., Roger D. Linquist, W. Michael Barnes, Jack F. Callahan, Jr., C. Kevin Landry, Arthur C. Patterson, and James N. Perry, Jr. – See more at: http://www.search.txcourts.gov/Case.aspx?cn=05-12-01577-CV&coa=coa05#sthash.QFV1wc2L.dpuf
Party PartyType Representative
T-Mobile USA, Inc. Relator E. Leon Carter
Sean T. Hamada
Adam Golovoy … and derivatively MetroPCS Real Party in Interest Joe Kendall
Jamie Jean McKey
Willie Charles Briscoe
MetroPCS Communications, Inc. Relator Ben Taylor
Eric Lynn Johnson
Karl G. Dial
Brett C. Govett
Peter Andrew Stokes
Tate Seideman

– See more at: http://www.search.txcourts.gov/Case.aspx?cn=05-12-01577-CV&coa=coa05#sthash.waLCu8mx.dpuf

 

E. Leon Carter Donations to D’Metria Benson:

E. Leon Carter Donation D'Metria Benson

E. Leon Carter Donation D’Metria Benson

E. Leon Carter Donations D'Metria Benson

E. Leon Carter Donations D’Metria Benson

Joe Kendall and Kendall Law Group Donations to D’Metria Benson:
$5000 in 2010 Campaign and for the 2014 Campaign:
Joe Kendall Law Group Donation D'Metria Benson

Joe Kendall Law Group Donation D’Metria Benson

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JPMorgan Chase Bank, N.A.
Sofia Borquez, individually and on behalf of the Estate of Cresencio Borquez, Mercedes Borquez, individually, and Joel Borquez, individually
Appeal.  Cause Number: 05-14-00131-CV.  Date Filed:  02/04/2014

– See more at: http://www.search.txcourts.gov/Case.aspx?cn=05-14-00131-CV&coa=coa05#sthash.Jd1yYViA.dpuf

Party PartyType Representative
JPMorgan Chase Bank, N.A. Appellant Gordon M. Shapiro
Jeffrey G. Hamilton
William D. Ellerman
Brad NitschkeJackson Walker LLP
Sofia Borquez, Mercedes Borquez, and Joel Borquez Appellee Jeffrey S. Levinger
Evan Lane (Van) Shaw
Daniel Hagood
Janet R. Randle

– See more at: http://www.search.txcourts.gov/Case.aspx?cn=05-14-00131-CV&coa=coa05#sthash.u2yJptZc.dpuf

Jackson Walker LLP D’Metria Benson Campaign Contributions:

Previous donations in prior election years.

donation

Law Offices of Van Shaw and Attorney Associate Collen Myer, D’Metria Benson Campaign Contributions:

Previous Donations in prior election years as well.

Law Office Van Shaw Contribution to D'Metria Benson

Law Office Van Shaw Contribution to D’Metria Benson

Van-Shaw-Law-Firm=Donation=D'Metria-Benson

Law Office Van Shaw Donation D'Metria Benson

Law Office Van Shaw Donation D’Metria Benson

______________________________________________________
Ever Construction Corp & Jason Kang Sung S
Reversed and Rendered Take Nothing
Cause Number:  05-13-00385-CV; Date Filed: 03/20/2013
- See more at: http://www.search.txcourts.gov/Case.aspx?cn=05-13-00385-CV&coa=coa05#sthash.OT52Z8yG.dpuf
Party PartyType Representative
Su, Sung Appellee Scott E. Hayes
Kichul Kim
Ever Construction Corp. and Jason Kang Appellant Andrew J. Holen
Julia F. Pendery

– See more at: http://www.search.txcourts.gov/Case.aspx?cn=05-13-00385-CV&coa=coa05#sthash.OT52Z8yG.dpuf

 

Party PartyType Representative

Batchelor, Paul Hedley Appellee Bruce Long
Brooks, JoAnn Adele Appellant JoAnn Adele Brooks
– See more at: http://www.search.txcourts.gov/Case.aspx?cn=05-13-00401-CV&coa=coa05#sthash.nF9PiwJX.dpuf

 

NOTE:  As you can see D’Metria Benson did not bother to enter law firm names with attorney names on her Campaign Finance Report.   There are other posts on this issue on this website.  If law firms are missed it is simply because their identity was not known.  I genuine effort has been made to identify all donating attorneys and firms with cases appealed or when a mandamus has been sought.

D’Metria Benson’s Self Indulgent Expenses Unique = Other CCL Judges Do NOT Engage in this Conduct

D'Metria Benson Campaign Finance Expense and Fund Raising

D’Metria Benson

D'Metria Benson Fund RaisersDMetria_Benson_Give-early-give-oftenDo_Not_Re-Elect_DMetria_Bensons_Campaign+2

 

 

Making D’Metria Benson a Judge is Like Giving Your Teenager a Priceless Vehicle

D'Metria Benson Incompetem

 

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Compare D’Metria Benson’s Campaign Finance Expenses with those of the three other Judges of Dallas County Courts at Law.

While D’Metria is paying for $646 for a trip to the Omni Hotel in FORT WORTH, TEXAS, with campaign financed money, Judge Sally Montgomery spends $86.

While D’Metria is racking up the expenses for FOUR Fund Raisers and soliciting funds from attorney who practice in her court King Fifer is having a FUN but low key drop in at St. Petes Dancin Marlin.

While D’Metria Benson cannot be bothered to completely fill out her expenditure reports and they are often illegible Judge Mark Greenberg is turning in detailed and complete typed reports.

While Sally Montgomery is chipping in on a birthday cake from Krogers and contributing to floral memorials D’Metria Benson is having a $300 plus luncheon at Neimans.

While King Fifer is giving a gift card for $25 D’Metria Benson is buying over $1400 worth of office decor in two shopping sprees a month apart at the same store.

While Mark Greenberg is contributing to worthy causes D’Metria is spending the Fourth of July at an expensive Texas Resort preceded by back-to-back trips to Santa Fe and Austin.

D’Metria’s office decor charges, food and beverage, travel, luxury hotels, Fourth of July outing to a Texas resort and stay at an expensive Santa Fe Hotel are completely out of line with the extremely limited in in some cases complete absence of travel charges by the other three County Court at Law Judges.

Link here to review the reports:

D’Metria’s Gifts:  Did the gift card read, “From the attorneys who practice in County Court at Law Number One?”gifts6Christmas=Shopping-DMetria

Gifts

 

State Ethics Campaign Finance Reporting   Link Here

TIME OF MAKING EXPENDITURE

For reporting purposes, an expenditure is made when the amount of the expenditure is readily determinable, not when payment is actually made. If a filer cannot determine the amount of an expenditure until a periodic bill, the date of the expenditure is the date the bill is received.

Credit Card Expenditures. For purposes of 30 day and 8 day pre-election reports, the date of an expenditure made by a credit card is the date of the purchase, not the date of the credit card bill. For purposes of other reports, the date of an expenditure made by a credit card is the date of receipt of the credit card statement that includes the expenditure.

Looks like we have more gifts!!

MoreGifts=October11

D’Metria never too busy to travel and bill the attorneys who practice in her Court.

horseshoebayresortOctober2014

D'Metria Benson Four Fund Raisers

All the gifts should come with a card: “From the attorneys who practice in CCL1 not to mention the Mediators!”

Create and Host Websites for Less than $100

D'Metria Benson

D’Metria Benson

If you are creative, you can create and host website for MUCH, MUCH LESS THAN $100.

IPage is a great hosting company.  Hosting is $1.99 a MONTH and you can host more than one website for that price.   So, two domains are one dollar a month!  Three domains 66 cents a month.  You get the idea!

Domain Names are about the same price.

Get your friends together and make videos. Posting them on YouTube; YouTube is FREE!

Facebook is Free!

WordPress hosting platforms are free.

Hosting information for IPage:   Link Here: http://www.ipage.com/ipage/index.html

D'Metria_Benson_Straight Ticket Party Voting

D’Metria_Benson_Straight Ticket Party Voting Texas

D’Metria Benson Dallas Worst Judge

D’Metria Benson Conduct Off the Bench Is as Questionable as her Conduct on the Bench.

D'Metria Benson Campaign Donors

The Judgemobile. What Happens in Henderson County, Stays in Henderson County. Right?

D'Metria Benson and Lorraine Raggio travel to Henderson County

D’Metria Benson and Lorraine Raggio travel to Henderson County: “D’Metria Is a Righteous Woman,” said Lorraine to the Court. (Self-righteous?)

D’Metria Benson and Lorraine Raggio travel to Henderson County! ” D’Metria is a righteous woman!”

It is time to retire the deposition issues.  Certainly, everyone who is interested in these matters has reviewed what is available on this website.

No one has threatened me in any fashion to remove the deposition page.

Read the Deposition here.

The deposition has been removed.  If you need a copy send a message and it will be briefly uploaded.

Campaign Contributions

D'Metria Benson Campaign Finance Reports

As a candidate or officeholder, you alone, not the campaign treasurer, are responsible for filing this form.

JUDICIAL CANDIDATE/OFFICEHOLDER
CAMPAIGN FINANCE REPORT – FORM JC/OH – INSTRUCTION GUIDE

SCHEDULE B(J): PLEDGED CONTRIBUTIONS (JUDICIAL):  5. DATE: Enter the date you accepted the pledge.

Missing-dates

 

Link Here for 2013 – 2014 Donors to D’Metria Benson’s Four Campaign Fund Raisers

No other County Court Judge has expended fees for travel and entertainment as has D’Metria Benson.

Motion to Recuse Unsuccessful Based Upon Campaign Contributions

A Motion to Recuse Judge Cortez, the 44th District Court judge, addressed campaign contributions lead counsel made which were characterized as “large and curiously timed contributions” to Judge Cortez’s re-election campaign.

Cortez was recused but not based on the contributions as reflected in the Recusal Order.

Jeffrey Tillotson, a partner at Lynn Tillotson Pinker & Cox, donated $5,000 to Cortez’s campaign a week before a key hearing in the case in May 2013, together with a $2,500 contribution from Tillotson’s law firm were made to Cortez’s re-election campaign the day after Cortez ruled in favor of Tillotson’s clients.

Tillotson’s personal contribution was made at a public fundraiser hosted by Cortez and properly reported in the campaign finance report filed with the Texas Ethics Commission.

Read more:  Texas Lawyer Here.

Cannot always read D’Metria’s Reports Some Reports Have Missing Information

No-Address-Wormington

 

Karen Brooks $2500 Donation D'Metria Benson

Karen Brooks $2500 Donation D’Metria Benson

D’Metria Benson’s Little Sham Problem

 It is time to retire the deposition issues.  Certainly, everyone who is interested in these matters has reviewed what is available on this website.

No one has threatened me in any fashion to remove the deposition page.

  Read the Appellate Court Opinion Here.

D’Metria Benson Livin’ Large

D'Metria Benson

D’Metria Livin’ Large off the largesse of attorneys who practice in her Court!  

Luncheon at Neimans!

Fourth of July at Hyatt Lost Pines, an expensive Texas Resort.  

DMetria-Benson_Fourth_July-Hyatt

Santa Fe  and Austin back-to-back Trips:

 

D'Metria Benson Campaign Finance Expense

 

Office Decor Exceed $1400

officedecor2 OfficeDecor1

 

 

    D’Metria Benson  2013 – 2014
Contributions Expenditures
$187,933 $139,009

 

An average family of four could live for ONE YEAR and TWO month on the cost of two of D’Metria’s Four Fundraisers.

An average family of four the USDA’s Center for Nutrition Policy and Promotion: cost for a moderate meal plan in the United States is $771.10 per month.

A picture is emerging of an out of touch, self indulgent woman who is neither competent to be a judge nor in touch with the value of money and/or the struggles of the average family.

June 6, 2013 Fund Raiser      
       
06/06/13 Invitation Printing Reilly Echols $1,468.00
06/06/13 Bulk Mailing Order Desk $1,085.00
06/06/13 Tony Grimes Photography Irving, Texas $375.00
06/06/13 Venue Times Ten $1,258.00
       
Total     $4,186.00
       
       
October 2, 2103 Fund Raiser      
       
10/01/13 Bulk Mailing-Fund Raiser Order Desk $1,442.00
10/01/13 Printing Fundraiser Reilly Echols $2,420.00
10/01/13 Modjarrad & Abusaad Food & Bev In Kind $3,138.00
       
Total     $7,000.00
       
       
May 1, 2014 Fund Raiser      
       
05/01/14 Time Ten Cellars $970.86
 
Where are the invitations?  
 These are claimed to be EVENT EXPENSES and there are no other “EVENTS” without postage.  SEE BELOW.  10/15/14  Reilly Echols  $12,315
September 23 Fund Raiser      
       
09/23/14 Times Ten Cellars Food & Beverage $1,250.00
09/01/14 Order Desk $1,010.00
09/23/14 Whole Foods  $102.73
09/15/14 Reilly Echols Printing Inc $1,247.00
09/23/14 Go Diva Catering  $450.00
Total     $4059.73
       
Travel and Entertainment Partial List    
       
07/23/13 Go Diva Catering Entertainment $365.00
08/09/13 Capitol Grill Entertainment $428.67
Neiman Marcus Entertainment
       
01/20/14 Gallery Central Gifts $725.00
02/25/14 Gallery Central Office Décor $700.00
01/03/14 Stoney’s Gifts $129.90
03/18/14 La Fonda Hotel Santa Fe NM $975.31
02/17/14 Southwest Airlines $449.00
       
04/15/14 Courtyard Marriot Austin Texas $1,019.00
01/24/14 Marriot Horseshoe Bay $378.00
04/23/14 Univ of Texas Food & Beverage $145.00
05/05/14 Ace Rent a Car Car Rental $100.00
09/10/14  Omni Hotel Fort Worth  $645
07/03/04 Hyatt Lost Pines Central Texas Resort $581.00

 

 

D’Metria added this expense in her last eight day before the campaign financial report.  This odd posting leaves more questions that it provides answers.

May 2014 Fund Raiser Expenses

Where are the invitations for the  May 2014 Fund Raiser?  The food?  Was the October 15, 2014 “Event Expense” paid or payable to the “Order Desk” in the amount of $12,315 for the May 1, 2014 Fund Raiser?

Where are the invitations, the food and other expenses she typically billed for her other THREE FUND RAISERS for the May 2014 Fund Raiser.  Review this term’s Campaign Finance Report. Do you see them?

Prior Three Event Postage Expense Listed as Paid

D’Metria had already posted “POSTAGE” for event expense with the Order Desk for other fund raisers:

  • September 1, 2014:  $1010.00
  • October 1, 2014:  $1442.00
  • June 6, 2013, $1085.00

Event Postage Expense of $12K with Stated Date of October 15, 2014

Now in the last eight day before the election campaign finance filing suddenly there is an expense of $12,315 identified as “Event Expense.”  Link Here for the Campaign Finance Report filed by D’Metria.

Was there some new event?  Or was this expenditure in part for the heretofore unreported costs associated with the May 1, 2014, Fund Raising Event?

Why are there no other costs associated with an event of October 15, 2014, and why are there no costs other than Times Ten Cellars costs associated with the May 2014 event.

Expenses are to be posted when incurred ... D'Metria Appears to Have Missed this Posting.

Expenses are to be posted when incurred … D’Metria Appears to Have Missed this Posting.

Am I missing something here?  What event was this for?  $12,315. 29 is a sizeable amount of money for event expense postage.

D'Metria Benson Event Expense

D’Metria Benson Event Expense