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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 TO REINSTATE
TO: THE HONORABLE JUDGE OF SAID COURT
COMES NOW, Donald L. Thompson, Plaintiff Pro-Se, and files this amended Motion For New Trial and amends to Motion To Reinstate this case to the Docket of County Court at Law No. 3, and will respectfully show that dismissal of this case for Want of Prosecution 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 show:
I.
That the dismissal of this lawsuit was in error because Plaintiff was not afforded Due Process, due to lack of Notice.
That it would be manifestly unjust and a violation of Due Process to have this case dismissed without Notice.
That intent to Dismiss for Want of Prosecution was dismissed or taken care of at Motion Hearing on February 25, 1999.
That Plaintiff was not notified and had no knowledge of the dismissal hearing or of the dismissal of March 12, 1999, until he contacted the Court by phone, on June 7th, 1999.
This action is sought within 20 days of that notice.
II.
That Dismissal for Want of Prosecution was in error since Plaintiff has made his best effort to comply with all guidelines. Plaintiff has had to do so without the assistance of an attorney.
That Plaintiff has attempted to prosecute this case as diligently as he knows how, and that the delays have been due to the Court, or the delaying tactics of the Defense, as shown by prior continuances granted to Defense.
Plaintiff would show:
a. That Plaintiff diligently complied with all requests by the Court, to "Call Back Next Week", while waiting and trying to get a ruling on a Motion that should have been ruled on in three weeks. Plaintiff diligently called every week from May 1998, until January 1999, trying to get the Judge to rule on a Motion that was heard on April 28, 1999, and Judge said he would rule on in three weeks. Plaintiff was put off by the Court, every week, from May 1998 until January 1999.
b. That Plaintiff's actions, in January of 1999, were responsible for getting a pre-trial hearing set for July 9, 1999.
c. That Plaintiff's actions, in January of 1999, were responsible for getting a pre-trial discovery cut-off date set for July 5, 1999.
d. That Plaintiff's actions, in January of 1999, were responsible for getting a jury trial date set for August 23, 1999.
All of which show the diligence of Plaintiff to prosecute this case and that Dismissal for Want Of Prosecution was in error.
III.
This Motion To Reinstate is not for purposes of delay, but that Justice may be served.
PRAYER FOR RELIEF
WHEREFORE, premises considered, Plaintiff respectfully moves this Court to Reinstate this case and add it back to the Docket, or in the alternative, will see that a new trial be Granted, and if this is not the case, then take this 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.
VERIFICATION
STATE OF TEXAS
COUNTY OF GUADALUPE
I, Donald L. Thompson, Plaintiff Pro-Se, declare and affirm, that under the
penalties of perjury, the facts stated herein are true and correct to the best of my knowledge
and belief.
This instrument was sworn to and acknowledged before me, a Notary Public in
and for the State of Texas, on this _______ day of June, 1999, by Donald L. Thompson.
__________________________
Notary Public
My Commission Expires _________________
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