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IN THE COUNTY COURT AT LAW NUMBER THREE
EL PASO COUNTY, TEXAS
DONALD L. THOMPSON,
Plaintiff, Pro-Sevs. Cause No. 94-12,817
ALLSTATE INSURANCE COMPANY
and ROBERT WILSON,
DefendantsPLAINTIFF'S MOTION FOR NEW TRIAL, OR NOTICE OF APPEAL
TO: THE HONORABLE JUDGE OF SAID COURT
COMES NOW, Donald L. Thompson, Plaintiff Pro-Se, and pursuant to Rule 320 of the Texas Rules of Civil Procedure ( new trials may be granted and judgment set aside for good cause, on motion or on the Court's own motion), files this motion for new trial, and will respectfully show that dismissal of this case was in error.
Our legal system is based on the principle that an independent, fair and competent judiciary will interpret and apply the laws that govern us. The role of the judiciary is central to American concepts of justice and the rule of law.
With this in mind, Plaintiff would, respectfully, point out that the dismissal of this lawsuit was anything but independent, fair, or competent. A Judge's Adjudicative Responsibilities include not conferring separately with the parties and/or their lawyers, without first giving notice to all parties and not thereafter hear any contested matters between the parties except with the consent of all parties, which would especially include the Plaintiff. This encompasses Allstate's ex parte contact with the Judge at the dismissal hearing of which Plaintiff was never notified or allowed to participate.
BACKGROUND
In January of this year, 1999, Plaintiff's lawsuit was transferred to this Court, from County Court #2. Plaintiff was then wrongfully served a Notice Of Intent To Dismiss For Want Of Prosecution. Prior to this notice, Plaintiff had been in contact with the court every week, for close to a year, trying to get action and rulings to motions that had been filed and pending for over a year. In January, Plaintiff was successful in getting the Court to set a February Motion hearing, a discovery cutoff date, and a pre-trial hearing date. Because of these and other actions, Dismissal for Want Of Prosecution was in error.
In February, at Motion hearings (confirmed by transcript) Judge allowed Plaintiff to address the pending Dismissal For Want Of Prosecution, and agreed to dismiss it and take care of it, then. Also, at this hearing, Plaintiff and Defendants were ordered to do certain things. Plaintiff accomplished everything that he was supposed to do, where defendants, accomplished nothing that they were ordered to do.
Plaintiff filed all documents that were supposed to be filed, in April, 1999. After waiting, with no response or answers from Defendants, Plaintiff contacted the Court on June 7th, 1999, to ascertain the status of Defendants answers. Plaintiff was then notified, by the court clerk, that his case had been dismissed for Want Of Prosecution.
As it turns out, Judge and Defendants held their own ex parte dismissal hearing without notifying the Plaintiff of such action. Plaintiff was therefore, not in attendance. Plaintiff was not notified of the dismissal hearing or of the dismissal until his phone call on June 7th. This action is sought within 20 days of that notice.
The defense attorney was in attendance and standing right beside Plaintiff at hearing in February, when Notice Of Intent To Dismiss For Want Of Prosecution was taken care of, and was well aware of this fact. His actions of a dismissal hearing were inappropriate and continue to demonstrate the Bad Faith intentions of Allstate Insurance, which was the reason for Plaintiff's lawsuit in the first place. Allstate must be reminded that their duty to act in Good Faith did not end with the start of litigation.
PRAYER
WHEREFORE, Plaintiff prays that this Court will see that a new trial be Granted, and if this is not the case, then this will be taken as NOTICE OF APPEAL.
Respectfully submitted,
Donald L. Thompson
534 E. Mountain
Seguin, Texas 78155
(830) 372-0365_______________________________
Donald L. Thompson, Plaintiff, 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 June, 1999.
_______________________________
Donald L. Thompson, Plaintiff, Pro-Se
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