DONALD L. THOMPSON,
Plaintiff, Pro-Se
vs. Cause No. 94-12,817
ALLSTATE INSURANCE COMPANY
and ROBERT WILSON,
Defendants
MOTION TO SET ASIDE ENTRY OF PARTIAL SUMMARY JUDGMENT
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW the Plaintiff, Pro-Se, Donald L. Thompson, and moves the court to set aside entry of the Partial Summary Judgment entered on May 1, 1996, and as grounds therefore would show to the Court as follows:
I. ALL NECESSARY PARTIES BEFORE THE COURT
Plaintiff would show that appropriate parties to this action are Plaintiff Donald L. Thompson, Defendant Allstate Insurance Company, and Defendant Robert Wilson whose presence will be necessary for proper disposition of this dispute. Plaintiff would show that "reprehensible" and "despicable" acts by Defendant Robert Wilson led to the filing of this suit by Plaintiff.
II. DUE PROCESS
Plaintiff would show that he has not been allowed Due Process according to the 14th Amendment of the Constitution of the United States. That pursuant to Rule 21 of Texas Rules of Civil Procedure, Plaintiff was not properly cited and has not been afforded the opportunity to be heard. That pursuant to Rule 21(a) any party may offer proof that the notice or instrument was not received, or, if service was by mail, that it was not received within three days from the date of deposit in a post office or official depository under the care and custody of the United States Postal Service, and upon so finding, the court may extend the time for taking the action required of such party or grant such other relief as it deems just.
WHEREFORE, PREMISES CONSIDERED, plaintiff prays for the Entry of Partial Summary Judgment to be set aside.
Respectfully submitted,
______________________________ Donald L. Thompson, PRO-SE
CERTIFICATE OF SERVICE
I hereby certify that I have served, pursuant to Rule 21a, a true and correct copy of the above and foregoing to Allstate Insurance Company and Robert Wilson, Defendants, at The Law Offices of Victor F. Poulos, P.C., 1520 Campbell Street, El Paso, Texas 79902; on this ________ day of February, 1998.
_________________________________ Donald L. Thompson, Plaintiff, PRO-SE
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