If you entered this page from a search engine or another link, Click Here, to enter our site.
©1998-2000 Page Designed by: Don Thompson
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 ORIGINAL PETITION FOR BILL OF REVIEW
TO: THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Donald L. Thompson, Plaintiff Pro-Se, and files this Petition for Bill of Review and will respectfully show that Dismissal of this case for Want of Prosecution was in error, and for cause of action shows:
I.
That the dismissal of this lawsuit was in error because Plaintiff was not afforded Due Process, due to lack of Notice.
That it was manifestly unjust and a violation of Due Process to have this case dismissed without Notice.
That the action, Intent to Dismiss for Want of Prosecution, was dismissed or taken care of at a hearing on February 25, 1999 as evidenced by transcript of same.
II.
That Dismissal for Want of Prosecution was in error since Plaintiff has made his best effort to comply with all guidelines, and 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 most delays have been due to the Court, or the delaying tactics of the Defense, as shown by prior continuances granted to Defense.
III.
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 a ruling 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.
That Plaintiff's actions, in January of 1999, were responsible for getting a pre-trial hearing set for July 9, 1999.
That Plaintiff's actions, in January of 1999, were responsible for getting a pre-trial discovery cut-off date set for July 5, 1999.
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.
IV.
That Plaintiff was not notified or served with citation, as required by law, after the February 25, 1999 hearing, which, according to the Judge, dismissed the Want of Prosecution action.
Plaintiff had no knowledge of the dismissal hearing or of the dismissal on March 12, 1999, until he contacted the Court by phone, on June 7th, 1999, only then to learn from the Court Clerk that his case had been Dismissed for Want of Prosecution. By that time, plaintiff could not file a motion for new trial in accordance with Rules 306a and 329b of the Texas Rules of Civil Procedure, or seek appellate review of the Dismissal of his case, and now sees only this remedy available to avoid this manifest injustice.
V.
This Petition for Bill of Review 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 to the Docket, or in the alternative, see that a new trial be Granted, and that Plaintiff have such other and further relief, at law or in equity, as to which he may be justly entitled.
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 _________________
If you entered this page from a search engine or another link, Click Here, to enter our site.
©1998-2000 Page Designed by: Don Thompson