in Re: Amy E. Davis ( 2015 )


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  •                                                                                          ACCEPTED
    05-15-00888-CV
    05-15-00888-CV                                 FIFTH COURT OF APPEALS
    DALLAS, TEXAS
    7/22/2015 9:57:39 AM
    LISA MATZ
    CLERK
    No. ______________
    ____________________________________________________
    FILED IN
    5th COURT OF APPEALS
    DALLAS, TEXAS
    In the Court of Appeals for the Fifth District7/22/2015 9:57:39 AM
    Dallas, Texas                       LISA MATZ
    ____________________________________________________          Clerk
    Ann Caldwell Rupe, as Trustee for the Dallas Gordon Rupe, III 1995 Family
    Trust v. Lee C. Ritchie, Paula Rupe Dennard and Rupe Investment Corporation
    ____________________________________________________
    On Petition for Writ of Mandamus to the 44th District Court
    Dallas County, Texas
    Case No. DC-06-06944
    ____________________________________________________
    PETITION FOR WRIT OF MANDAMUS
    ____________________________________________________
    Amy E. Davis (TSBN 24007083)
    CHRISTIANSEN DAVIS LLC
    4100 Spring Valley Road, Suite 450
    Dallas, TX 75244
    (214) 838-3501 (Phone)
    (972) 332-2306 (Fax)
    ATTORNEYS FOR            RELATOR
    AMY E. DAVIS
    IDENTITY OF PARTIES AND COUNSEL
    Relator                               Counsel
    Amy E. Davis                          Amy E. Davis (TSBN 24007083)
    CHRISTIANSEN DAVIS LLC
    4100 Spring Valley Road, Suite 450
    Dallas, TX 75244
    (214) 838-3501 (Phone)
    (972) 332-2306 (Fax)
    Real Parties in Interest              Counsel
    Ann Caldwell Rupe, as Trustee for Steven E. Aldous (TSBN 00982100)
    the Dallas Gordan Rupe, III 1995 FORSHEY PROSTOK, LL P.
    Family Trust                      500 Crescent Court, Suite 240
    Dallas, Texas 75201
    (214) 716-2101
    (817) 877-4151 (fax)
    Charla G. Aldous (TSBN 04783250)
    ALDOUS LAW FIRM
    2305 Cedar Springs, Suite 200
    Dallas, Texas 75201
    (214) 526-5595
    (214) 526-5525 (fax)
    Lee C. Ritchie, Paula Rupe            Robert B. Gilbreath (TBSN 07904620)
    Dennard, Dennis Lutes and Rupe        HAWKINS, PARNELL & THACKSTON,
    Investment Corporation                LLP
    Highland Park Place
    4514 Cole Avenue, Suite 500
    Dallas, Texas 75205
    (214) 780-5100
    (214) 780-5200 (fax)
    ii
    Respondent
    The Hon. Bonnie Lee Goldstein
    44th District Court
    600 Commerce Street, 5th Floor
    Dallas County, TX 75202
    iii
    TABLE OF CONTENTS
    Page
    IDENTITY OF PARTIES AND COUNSEL ............................................................ ii
    TABLE OF AUTHORITIES...................................................................................... v
    STATEMENT OF THE CASE .................................................................................. 1
    STATEMENT OF JURISDICTION .......................................................................... 2
    ISSUES PRESENTED ............................................................................................... 3
    STATEMENT OF FACTS ......................................................................................... 3
    ARGUMENT ............................................................................................................. 5
    PRAYER .................................................................................................................... 5
    VERIFICATION OF FACTS AND APPENDIX AND RECORD ........................... 7
    CERTIFICATE OF SERVICE................................................................................... 8
    APPENDIX OF RECORD ......................................................................................... 9
    iv
    TABLE OF AUTHORITIES
    Cases
    Hunt v. Bass, 
    664 S.W.2d 323
    (Tex. 1984) ...............................................................2
    Kenseth v. Dallas County, 
    126 S.W.3d 584
    (Tex. App.—Dallas 2004, pet. denied) 2
    Mitchell v. Dixon, 
    168 S.W.2d 654
    (Tex. 1994)........................................................2
    Terrazas v. Ramirez, 
    829 S.W.2d 712
    , 723 (Tex. 1991) ........................................2,3
    v
    STATEMENT OF THE CASE
    Nature of Underlying Proceeding:
    Acting as Trustee for the Dallas Gordan Rupe, III 1995 Family Trust, Ann
    Caldwell Rupe (“Plaintiff”) brought the underlying action against Lee C. Ritchie,
    Paula Rupe Dennard, Dennis Lutes and Rupe Investment Corporation (collectively,
    “Defendants”) in July 2006. In 2008 the trial court, Judge Carlos Cortez presiding,
    entered judgment on a jury verdict. The judgment has been appealed to this Court
    and the Texas Supreme Court. On remand from the Texas Supreme Court, the
    case is now pending before this Court.
    Prior to entry of judgment, the trial court entered an order granting sanctions
    (the “Sanctions Order”) against Relator, who at the time represented Defendants.
    (R. Tab. 1).    On May 12, 2012, after appeal of the judgment, Plaintiff and
    Defendants jointly moved the trial court to vacate the Sanctions Order (the “Joint
    Motion to Vacate”) with prejudice. (R. Tab 2.)
    The trial court has been unable to rule on the Joint Motion to Vacate due to a
    lack of plenary power. It may never have such an opportunity as this Court may
    render judgment in the underlying case rather than remand it to the trial court for
    further action. In the absence of plenary power, judicial action taken by a trial
    court is void. Relator, therefore, respectfully requests this Court mandate the trial
    court to rule on the Joint Motion to Vacate, lest her and the parties’ desire that the
    Order be vacated go without consideration.
    1
    Respondent:
    The Honorable Bonnie Lee Goldstein, 44th District Court, Dallas, Texas.
    Action from Which Relator Seeks Relief:
    Relator and the parties have requested that the trial court consider and rule
    upon the Joint Motion to Vacate; however, that action has been rendered
    impossible by the trial court’s lack of plenary power. Therefore, Relator requests
    the Court issue a mandate compelling the trial court to act on the Joint Motion to
    Vacate.
    STATEMENT OF JURISDICTION
    This Court has jurisdiction to issue a writ of mandamus at the request of
    Relator because Relator has an interest in the trial court’s consideration of the Joint
    Motion to Vacate. See Terrazas v. Ramirez, 
    829 S.W.2d 712
    , 723 (Tex. 1991)
    (mandamus is available to relator with a justiciable interest in the underlying
    controversy); Hunt v. Bass, 
    664 S.W.2d 323
    , 324 (Tex. 1984) (same); Mitchell v.
    Dixon, 
    168 S.W.2d 654
    , 656 (Tex. 1994) (same).
    Mandamus is not available to compel an action which has not been
    demanded and refused unless the relator has had no reasonable opportunity to
    make such a demand.        See 
    Terrazas, 829 S.W.2d at 723
    .           This Court has
    jurisdiction to issue a writ of mandamus against the Respondent because Relator
    (like the parties and Respondent) has had no reasonable opportunity to demand that
    2
    Respondent consider and rule upon the Joint Motion to Vacate given the trial
    court’s lack of plenary power. See 
    id. at 723-24.
    ISSUES PRESENTED
    1.    Whether Relator has a justiciable interest in the trial court’s
    consideration of the Joint Motion to Vacate.
    2.    Whether Relator has had no reasonable opportunity to demand that
    Respondent consider and rule upon the Joint Motion to Vacate given the trial
    court’s lack of plenary power.
    STATEMENT OF FACTS
    Acting as Trustee for the Dallas Gordan Rupe, III 1995 Family Trust, Ann
    Caldwell Rupe (“Plaintiff”) brought this minority shareholder action against Lee C.
    Ritchie, Paula Rupe Dennard, Dennis Lutes and Rupe Investment Corporation
    (collectively, “Defendants”) in July 2006.      The case was tried to a jury in
    December 2007 and the trial court, Judge Carlos Cortez presiding, entered
    judgment on the jury’s verdict in early 2008. As Cause No. 05-08-00615-CV, the
    judgment was appealed to this Court and, later, to the Texas Supreme Court as
    Cause No. 11-0447, which, in 2014, remanded the case to this Court for further
    proceedings consistent with its opinion. The case remains pending before this
    Court.
    Prior to entry of judgment, Plaintiff filed a Third Motion to Sanctions,
    complaining of Relator, who at that time represented Defendants in this matter. On
    3
    May 22, 2008, the trial court entered the Sanctions Order against Relator. (R. Tab.
    1). Relator appealed the Sanctions Order to this Court as Cause No. 05-08-00813-
    CV.   The Court affirmed the trial court’s ruling despite a lengthy dissenting
    opinion by Justice FitzGerald.
    On May 12, 2012, after appeal of the final judgment, Plaintiff and
    Defendants filed the Joint Motion to Vacate, seeking to vacate the Sanctions Order
    with prejudice on the grounds that Plaintiff and her counsel no longer believe
    Relator acted with an intent to deceive the trial court. (R. Tab 2.) Plaintiff and her
    counsel further disclaimed any contention that Relator acted with an intent to
    deceive the trial court. The trial court has been unable to rule on the Joint Motion
    to Vacate due to a lack of plenary power although, at hearing on May 8, 2015 held
    to discuss the parties’ dilemma, the trial court expressed a desire to grant the
    motion should it receive a mandate to do so or should it regain plenary power.
    This Court may render judgment in the case rather than remand it to the trial
    court for further action, in which case, the trial court will never have plenary power
    to consider and rule upon the Joint Motion to Vacate. Absent plenary power,
    judicial action taken by a trial court is void. Kenseth v. Dallas County, 
    126 S.W.3d 584
    , 599 (Tex. App.—Dallas 2004, pet. denied). Relator, therefore, respectfully
    requests this Court mandate the trial court to rule on the Joint Motion to Vacate,
    lest her and the parties’ desire that the Order be vacated go without consideration.
    4
    ARGUMENT
    The parties do not dispute the operative facts. Relator has an interest in
    having the Sanctions Order vacated, as the parties seek to do by the Joint Motion to
    Vacate. The trial court has lacked plenary power to consider and rule upon the
    Joint Motion to Vacate because the underlying case has been on appeal at all times
    since it was filed.
    In the absence of plenary power, judicial action by the trial court is void.
    
    Kenseth, 126 S.W.3d at 599
    . Therefore, it has been impossible for Relator to
    demand consideration of the Joint Motion to Vacate. This Court may excuse the
    general rule that, before a mandate may be issued, the relator must have demanded
    and been refused an action, where, like here, the relator has had no reasonable
    opportunity to make such a demand. See 
    Terrazas, 829 S.W.2d at 723
    .
    Relator respectfully requests the Court issue a mandate compelling the trial
    court to act on the Joint Motion to Vacate. In the alternative, Relator respectfully
    requests the Court grant the Joint Motion to Vacate.
    PRAYER
    For the foregoing reasons, a mandate should be issued compelling
    Respondent to consider and rule upon the Joint Motion to Vacate.
    5
    Respectfully submitted,
    Amy E. Davis (TSBN 24007083)
    CHRISTIANSEN DAVIS LLC
    4100 Spring Valley Road, Suite 450
    Dallas, TX 75244
    (214) 838-3501 (Phone)
    (972) 332-2306 (Fax)
    adavis@cdfirm.com
    6
    VERIFICATION OF FACTS AND APPENDIX AND RECORD
    ST ATE OF TEXAS   §
    §
    COUNTY OF DALLAS §
    1.    My name is Amy E. Davis. I am over 18 years of age and fully competent to
    make this verification. I am licensed to practice law in the State of Texas and I am
    a partner in the law firm of Christiansen Davis LLP. I was counsel for Lee C.
    Ritchie, Paula Rupe Dennard, Dennis Lutes and Rupe Investment Corporation at
    trial of the underlying action, Ann Caldwell Rupe, as Trustee for the Dallas
    Gordon Rupe, Ill 1995 Family Trust v. Lee C. Ritchie, Paula Rupe Dennard and
    Rupe Investment Corporation, in the 44th District Comt of Dallas County, Texas,
    Case No. DC-06-06944 (the "Action"). The facts stated in this Verification are
    true and correct, based on my personal knowledge gained from participation in the
    Action as counsel of record and as subject to the May 22, 2008 order entered in the
    Action.
    2.     The facts stated in this Petition for Writ of Mandamus about the
    history of and proceedings in the Action are true and correct. The citations in this
    Petition to the factual record developed in the Action are accurate. All documents
    contained in the Appendix hereto are true and correct copies of documents from
    the record in the Action.
    SUBSCRIBED and SWORN TO before me this 22nd day ofJ_ul , 2015.
    [NOTARIAL SEAL]
    ,uuu,,
    ~~'.;~~ !:<:~~    BRETT CHRISTIANSEN
    f ~(Xt~          Notary Public, State of Texas
    \":.\Jli{/~l My Commission Expires
    "'~i,:¥.0~~-=-'       June 02, 2018
    7
    CERTIFICATE OF SERVICE
    The undersigned does hereby certify that true and correct copies of Relators’
    Petition for Writ of Mandamus were duly served upon:
    Counsel for Real Parties in Interest:    Respondent:
    Steven E. Aldous (TSBN 00982100)         The Hon. Bonnie Lee Goldstein
    FORSHEY PROSTOK, LL P.                   44th District Court
    500 Crescent Court, Suite 240            600 Commerce Street, 3rd Floor
    Dallas, Texas 75201                      Dallas County, TX 75202
    (214) 716-2101
    (817) 877-4151 (fax)
    Charla G. Aldous (TSBN 04783250)
    ALDOUS LAW FIRM
    2305 Cedar Springs, Suite 200
    Dallas, Texas 75201
    (214) 526-5595
    (214) 526-5525 (fax)
    Robert B. Gilbreath (TBSN
    07904620)
    HAWKINS, PARNELL &
    THACKSTON, LLP
    Highland Park Place
    4514 Cole Avenue, Suite 500
    Dallas, Texas 75205
    (214) 780-5100
    (214) 780-5200 (fax)
    via electronic service on this 22nd day of July, 2015.
    AMY E. DAVIS
    8
    APPENDIX OF RECORD
    TAB DESCRIPTION                               PAGE
    1.   Order (5/22/08)                         R. 1 – 5
    2.   Joint Motion to Vacate (5/12/12)        R. 6 – 8
    9
    , MAY-22-2008 17:21   FROM:Jll'lGE CARLOS CORTEZ 214 653 6646                 T0:92147805200
    TAB 1
    JUDGE CARLOS R. CORTEZ
    44th STATE CIVIL DISTRICT COURT
    Cause No. 06-06944
    Ann Caldwell Rupe
    v.
    Lee C. Ritchie, ct al
    ORDER
    Counsel:
    l run in receipt of Plaintiff's May 21, 2008 letter and proposed Order and also
    Defendants' letter dated May 15, 2008 (in which Mr. Gilbreath cited lo cases which were both
    designated for publication and not designated/or publication).
    111is Court believes that th.e Court's contempt power, allowing the court to punish
    conduct, is "essential to fudicial independence and authority." See Ex parte Pryor, 
    800 S.W.2d 511
    , 512, 
    34 Tex. Sup. Ct. J. 203
    (Tex. 1990).
    Texas has long held that contempt proceedings are quasi-criminal in nature, and should
    conform, as much as practicable, to criminal proceedings. Ex parte Sanchez, 
    703 S.W.2d 955
    ,
    957, 
    29 Tex. Sup. Ct. J. 215
    (Tex. 1986); In re Pooley, 
    129 S.W.3d 277
    , 278 (Tex. App. -
    Corpus Chri.sti 2004, orig proceeding).
    George L. Allen, Sr. Courts Building
    600 Commerce Street, 5th Floor
    Dallas, Texas 75202
    214.653,7427 tel
    R. 1
    MAY -22-2008 17 : 22   FROM : Jl IQGE CARLOS CORTEZ 214 653 6646                T0:92147805200
    Characterization of the contempt is based upon the nature and purpose of the penalty
    imposed, and may be civil, c.riminal or both. Ex parte Johns. 
    807 S.W.2d 768
    , 770-771 (Tex.
    App. -Dallas l 991, orig. proceeding).
    Contempt can be criminal, with unconditional punishment for past conduct already
    performed, allowing no immediate means of release; or civil (coercive) allowing immediate
    release by the contemnor simply conforming current conduct consistent with the Court's order.
    W.,, at 770-771; Exparte Werblud, 
    526 S.W.2d 545-546
    , 
    19 Tex. Sup. Ct. J. 286
    (Tex. 1976);
    In both civil and criminal contempt orders .• the penalty imposed by the Court may be a
    fine, imprisonment, or bo1h. Ex parte Johns, 
    807 S.W.2d 768
    , 770-771.
    A criminal contempt order is a punitive and an un.conditional assertion of the court's
    power to punish for acts that insult "the court's dignity and authority". Ex parte Johns, 
    807 S.W.2d 768
    , 770-771.
    There arc two types of criminal contempt, direct, with acts occurring in the cot1rt's
    presence; and constructive (indirect) with the contemptuous acts occurring outside the court's
    presence. In re Johnson, 
    996 S.W.2d 430
    , 433 (Tex. App. - Beall\nont 1999, no pet).
    The Texas Supreme Court has for decades held that a court should not try cases of
    criminal constructive contempt if the alleged contemnor is absent, but should isst1e capias or writ
    of attachment to bring the alleged contemnor before tl1e Court. Ex parte Johnson. 
    654 S.W.2d 422
    , 
    26 Tex. Sup. Ct. J. 484
    (Tex. 1983) citing Ex parte Gordon, 
    584 S.W.2d 686
    , 688, 22 Tex.
    Sup. Ct. J. 295 (Tex. 1979).
    Moreover, Professor Moss has stated in his opinion to tl1e Court that "deceitfel conduct
    by a lawyer is regarded by the Bar as an offense that a 'self-regulating profession must
    vigorously endeavor to prevent through punishment of the offender"'. Professor Moss noted
    George L. Allen, Sr. Courts Building
    600 Commerce Stree~ 5th Floor
    Dallas, Texas 75202
    214.653.7427 tel
    R.2
    . MAY -22-2008 1 7 : 22   FROM : Jl lf)GE CARLOS CORTEZ 214 653 6646                     T0:92147805200
    Texas Judidal Advisory Opinion No. 45 (1979), "the knowing presentation offalse i11formation
    to a court ... is unprofessional conduct" requiring a judge "to Initiate appropriate disciplinary
    action".
    It is absurd, as Mr. Gilbreath's suggests that somehow because the Coilrt did not
    irpmcdiately make a. finding of contempt each and every time Ms. Davis made the multiple
    misleading statements and misrepresentations (which would have led this Court to have
    committed possible reversible error and provide grounds for a mistrial) that "the Court's
    inherent power to punish for direct contempt cannot serve as the basis for any punishment
    assessed against Ms. Davis.        Mr. Gilbreath's reliance on Caldwell v. Wright. Robinson,
    McCammon, Osth.bner & Tatum, P.C., 
    807 S.W.2d 413
    , 415 (Tex. App. - Houston (1"· Dist.]
    1991, orig. proceeding) in that rega!'d is misplaced as the facts and law of that case is not si.m.iiar
    to the issue before this Court. Moreover, Mr. Gilbreath cite to Ex Parte Knable, 
    818 S.W.2d 811
    ,
    812 (Tex. Crim. App. 1991) is also distinguishable to the case at issue becatise it only holds that
    the judge's power to punish the contemptuous conduct dissipates "without first affording the
    contemnor notice and an opportunity to be heard". 
    Id. at 813.
    Howevei:, even if the cases were to purport what Mr. Gilbreath' s asserts, we do not have
    that in this case as Ms. Davis and her counsel were provided with notice of the Plaintiff's Third
    Motion for Sanctions which asked for "substantial monetary award to Plaintiff from Defense
    counsel and her law firm and a direction by the Court that Defense counsel take additional hours
    of ethics training ... and.for all such other and further   reli~fto      which Plaintiff may show herself
    to be entitled." Further, any award of sailctions by this Court would be for a continuing pattern
    by Ms. Davis to misstate the facts, avoid direct questions and engage in a. total lack of candor
    with the Court.
    George L. Allen, Sr. Courts Building
    600 Commerce Street, 5th Floor
    Dallas, Texas 75202
    214.653.7427 tel
    R.3
    MAY-22-2008 17:22     FROM:J!IOGE CARLOS CORTEZ 214 653 6646                    T0:92147805200
    The Court truly believes tl1at tl1e continuing course of conduct shown by Ms. Davis to the
    Court not once but on at least four (4) different occasions during trial, during the jury charge and
    during post-verdict motions is sanctionable (as outlined in Plaintiff's 3"' Motion for Sanctions)
    and that it further violates the peace, dignity and honor of this Court and under Texas
    Govcrrunent Code §21.002 which would allow this Court to impose a sentence upon Ms. Davis
    of up to 180 days injail.
    However, it is my judicial philosophy that any puilishmcnt above and beyond what is
    asked for by opposing counsel would be better served by a separate hearing, if necessary, ruled
    on by another judge (as this matter is presently pending before me).
    In the Court's opinion, the co11duct found to be sanctionable is egregious misco1iduct that
    significantly interferes with the Court's core functions and such conduct continued after repeated
    wamings by the Court (and writtrn apologies by Ms. Davis).
    The sanctions levied against Ms. Davis are directly related to the sanctionable conduct
    and are necessary to preserve ilie integrity of the Court's core function. It is the opinion of this
    Court, t11at although these arc "lesser sanctions" that the sanction imposed in all likelihood will
    deter repetition of the condnet by Ms. Davis, and deter repetition of the sanctionable conduct by
    other lawyers.
    IT IS, THEREFORE, ORDERED that Plaintiffs Third Motion for San.ctions be
    GRANTED and that Ms. Davis shall pay Plaintiffs counsel the sum of$15,000.00 as a monetary
    sanction for the additional work necessary for Plaintiffs coi.msel to rebut the misrepresentations
    made to this Cou.rt; and it is further ORDERED that Ms. Davis shall complete l 0 hours of ethics
    training over and above her continuing legal education requirements to be completed within two
    (2) years from ilic date of this Order.
    George L. Allen, Sr. Courts Building
    600 Commerce Stroot, 5th Floor
    Dallas, Texas 7520~
    2)4.653.7427 tel
    R.4
    i'.iAY. -22-2008 17 : 23   FROM : JI lr1GE CARLOS CORTEZ 214 653 6646                T0:32147805200
    It is so ORDERED.
    this 22° 0 day
    .......,_....,.oJ
    CARLOS R. CORTEZ
    )>
    44TH STATE CIVIL DISTRICT COURT JUDGE
    George L. Allen, Sr. Courts Building
    600 Commerce Street, 5th Floor
    Dallas, Texas 75202
    214.653. 7427 tel
    R.5
    Filed
    TAB 2                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   12 May 10 P12:21
    Gary Fitzsimmons
    District Clerk
    Dallas District
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    ✸
    ✲                               ✩                                                       ✩                                                                                           ✥                                                                   ✬                                                               ✵                                                                                                       ✹                                                           ✺                                                                                                   ✥                                                                                                                           ✻                                                                                                                           ✹                                                               ✩                                                                               ✷                                                                   ✶                                                                                           ✦                                                                                                   ✧                                                                                                           ✲                                                                                   ✦                                                                                                                   ✵                                                                                   ✧                                                                                           ✶                                                                               ✩                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   ✸
    ✳                                       ✩                                                   ✪                                                                           ✪                                                               ✦                                                                                           ✵                                                                                                           ✳                                                                                                       ✷                                                                               ✳                                                                                                               ✩                                                                                                                       ✪                                                                                               ✪                                                                                           ✹                                                           ★                                                                                                                           ✲                                                                                   ✧                                                                                                           ✺                                                                                   ✩                                                                       ★                                                                       ✷                                                   ❃                                                               ❅                                                                       ●                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               ✸
    ✵                                       ✧                                                                   ✶                                                   ✩                                                                                   ✹                                                           ✪                                                                                           ❍                                                                                                       ✩                                                                                                           ★                                                                                               ✺                                                                                                       ❀                                                                                                                                           ✩                                                                                   ✪                                                                                                                   ✺                                                                                                                           ✥                                                                                                       ✫                                                                                               ✵                                                                                       ✶                                                                           ✫                                                                                                   ✵                                                                                   ✦                                                                                           ✺                                                                           ✹                                   ✫                                                                                   ✪                                                                                                                                                                                                                                                                                                                       ✸
    ✸
    ✳                                                                                               ■                                                       ❇                                                       ■                                                           ❅                                                                                               ●                                                                                       ❃                                                                                       ❅                                                                                       ❆                                       ❏                                                   ✬                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   ✸                                                                                                                                                           ✳                                                                                   ✦                                                                                               ✲                                                                   ✲                                                                                       ✦                                                                                   ★                                                                                                               ✥                                                                               ✫                                                                                           ✧                                                                   ✪                                                                   ✺                                                                       ❁                                                                                   ✷                                                       ✺                                                   ✩                                                               ❑                                                           ✦                                                                                   ★
    ▲                                                                       ▼                                                                                                               ◆                                               ❖                                                                                                                                   €                                                                                                                                       ◗                                                                                                                                           ▼                                                                                                   €                                                                                                           ◆                                               ▼                                                                                                           ❖                                                                                                                                       €                                                                                       ▼                                                                                                               ❘                                                                                           ❙                                                                                                   ❚                                                                                           ❙                                                                               €                                                                           ❯                                                                                               ❱                                               ❙                                                                   ❖                                                                               ❚                                                           €                                                                           ◆                                       ▼                                                                                   ❖                                                                                           ❱                                                                                               ▼                                                                                       ❲                                                                                       ❳                                                                                           ❯                                                                               ❲                                                                                                                           ❙                                                               ❖                                                                       ❳                                                                                                       ❨                                                                       ❩                                                                   ❙                                                       ◆                                   ❖                                                               €                                                                           ◆                                           ❬                                                   ❬                                                       ❭                               ❱
    ✴                                                                                                                                                       ✹                                               ✺                                                                                                                       ✻                                                                                                                       ✳                                                                                                                       ✵                                                                                       ✦                                                                                                   ✴                                                                                                                                                           ✦                                                                                       ✲                                                                                                                                   ✫                                                                                           ✼
    ❨                                                                           ❩                                                                                       ❙                                                                                       ◆                                                   ❖                                                                           €                                                                               ◆                                   ❬                                                           ❬                                               ❭                                       ❱                                                                                   €                                                               ❪                                                                               ◆                                               ❲                                                                       ❳                                                                                                                       ◗                                                                                                                           ▼                                                                               €                                                                               ◆                                                           ▼                                                                                           ❖                                                                                                               ❬                                                           ▼                                                                           ❲                                                                                                       ❱                                                           ❙                                                                           ❖                                                               ❚                                                               €                                                               ◆                                                   ▼                                                               ❖                                                                       ❱
    ✺                               ✫                                                                                               ✺                                                                       ✻                                                                       ✩                                                                                                                       ✻                                                                                                               ✫                                                                                                                                               ✪                                                                                                       ✫                                                                                                                                   ✵                                                                                           ✦                                                                                           ❫                                                                                                   ✲                                                                                           ✩                                                                                                                               ❋                                                                   ✧                                                                                           ✳                                                                               ✽                                                                                                   ✩                                                                                                               ✫                                                                                               ✼                                                                                               ★                                                       ✦                                                                               ✹                               ✳                                                                                                   ✥                                                                   ✫                                                                               ✧                                                                       ✵                                                                           ✺                                                                                               ❴
    ❵                                                                       ❛                                               ❜                                                           ❝                                       ❞                                                                           ❡                               ❝                                                               ❢                                               ❢                                                                                                           ❣                                                                                                               ❞                                                                       ❞                                                                                                                       ❤                                                                                                       ❜                                               ❛                                       ✐                                                                           ❥                                                                                               ❦                                           ❛                                       ❛                                                                                   ❧                                                                       ♠                                                               ♥                                                                       ❦                                                           ♦                                                                   ❜                                       ♣                                                                                       q                                                                   r                       ♠                                           ♣                                           ❡                               ❦                                           ❦                                                                               ❢                                       s                                                   r                                                                       ❡                                   t                                                               ❦                                                                                                   ✉                                                                               ❜                                               ❛                                       ❛                                   ❜                                                       ♣                                                                                           ✈                                                                                       s                                                       r                               ✐                                           ❜                                                   ❞                                                                                           ❧                                                                       ♠                                                       ♥                                       ❦                                           ♦                                                   ✇                                   ✇                               ✇                                                                                       ①                                   ②                                   ②                                                       ③                                                   ④                                               ❜                               ⑤                                                           ❝               ❛                   ⑥
    q                           r                               ♠                                           ♣                                       ❡                       ♦                                                       ❜                                           ❞                                                                       ✐                                                                                                                   ✉                                                                                                           ❦                                                                               ❢                                       ❦                                                                       ❞                                                                                           ✐                                                               ❜                                                       ❞                                                               ❡                                           ♣                                                                                                       ⑦                                                                                   ❦                                                               ❦                                                                                                       ❤                                                                                       ⑧                                                       ❧                                                                               ❝                       ❡                                                       ⑨                                                   t                                                                   ❝                           ❦                                                   ♦                                                                   ❵                                                           ❜                                           ♠                                                       ❛                       ❜                                                               ❧                                                                           ♠                                               ♥                                               ❦                                                                       ✉                                                                           ❦                                                       ❞                                                           ❞                                                               ❜                                                       r                                   ✐                                                           ♦                                                           ✉                                                                                       ❦                                                                   ❞                                                   ❞                                                           ❝                                           ♣                                                           ⑦                                           ♠                                                                           ❡                   ❦                                               ♣                                                                       ❜                                                       ❞                                       ✐                                                                   ❧                                                                   ♠                                               ♥                                                       ❦                                                           ✇                           ❞                                                       ⑩                       ❦                                       ♣                           ❡                       ⑤                                                           ❦                       ❞                                       ❡
    ❶                               ❷                                               ❸                                   ❹                                       ❷                                                       ❸                   ❺                                                   ❻                                       ❼                                               ❷                                                                           ❽                                                                                                               ❾                                       ❼                                                                       ❿                               ➀                                                                                                       ❻                                                   ➁                                                                           ❼                           ➂                                                                                           ➃                                                       ❷                                                                       ❼                                           ❽                                                           ❻                                                                           ➄                                                                                                                       ❷                                                               ❻                           ❼                                   ❷                                                           ❽                                                                                                   ❻                                   ❷                                                                                                       ➅                                                                           ❺                                           ➆                                                   ❺                                               ❻                           ➀                                                           ➇                                                           ❺                                           ❽                                               ➆                               ❻                                       ❼                               ❷                                               ❽                                                   ➂                                                                               ➈                                                                                       ❸                                           ➉                                                           ➀                                           ❸                                                                           ❺                                                   ❽                                                                       ➉                                                                                           ➊                                                               ❿                                   ❺                           ❼                                       ❽                                   ❻                                                   ❼                           ❾                       ❾                                               ➋                               ➂                                                                   ➄                                                                       ❷                                           ❻                       ❼                       ❷                                                               ❽                                                                               ❻                   ❷                                                                       ➌                                                               ❼                   ❻                           ➁                                       ➉                                   ❸                           ❺                           ➍
    ➊                       ❿                           ❺                               ❼                                           ❽                                   ❻                               ❼                       ❾                       ❾                                                           ➋
    ♣                                                                                       q                                                                                   t                                                                           ❝                                                                   r                                           ✐                                                                                                                   ➎                                                                                                                                   s                                                           ❡                                           ❝                                   s                                                                       ❞                                                                                                               ❢                                           s                                                                   r                                                                               ➏                                                               ❜                                                   ❞                                                               ⑨                                       ❡                                                       ❝                   s                                                                   ❞                                                                   ♣                                                               ❜                                                   ❞                                                           ✐                                                                               ❥                                                           s                                               ♠                                                           ❛                       ✐                                                                       ♣                                       t                                                           s                                           ❥                                                                                                                   ❡                                           t                                                   ❦                                                                                           ❤                                                       s                                                                       ♠                                                       r                                                           ❡                                                           ❜                                               ♣                                                                           ❢               s                                                           ❛               ❛                                               s                                               ❥                                                                                       ♣                                   ➐
    ➊                                                                       ❸                                                           ❼                       ❷                                                                           ❸                                                                                                       ❻                                                                   ❷                                                                                                                                       ❻                                           ➁                                                                   ➀                                                                                                           ❶                                                                                                       ❷                                                                   ➑                                                               ❸                                               ❻                                                   ➋                                   ➂                                                                                                       ➀                                           ❽                                                           ❻                                       ❸                                   ➒                                                                                                               ❷                                                                   ❾                                                                           ➓                               ➑                                                       ➉                                                           ➔                                                           →                                                                   ➀                                   ❽                                                       ❻                                                                   ❼                           ❽                                                                                           ❻                               ➁                                           ❼                                   ➂                                                                                           →                                                                                           ❺                                                   ❻                                       ❻                           ➀                                                   ❸                                   ➣                                                                                       ➊                                                               ❿                                       ❺                                               ❼                                   ❽                                       ❻                                   ❼                       ❾                           ❾                                                                               ❾                                   ❼                                       ❿                           ➀                                           ➉                                                                               ❺                                                                       ↔                                                               ➁                                                   ❼                               ❸                                   ➉                                                               ➄                                                                           ❷                                   ❻                       ❼                       ❷                                       ❽                                                       ❻               ❷
    ➏                       ❜                                       ❞                                                   ⑨                               ❡                               ❝                               s                                           ❞                                                               ♣                                                                   ♦                                                                               ⑨                                                           s                                                                           ⑤                                                                                                                                   ♥                                                                                   ❛                                               ❜                                                       ❝                               ❞                                                                   ❝                                       ❞                                                                               ↕                                                                                                               s                                                                                       ❢                                                                                   ⑨                                                   s                                                           ♠                                                           ❞                                                           ♣                                               ❦                                                       ❛                                       ♦                                                                               ❣                                                                                   ⑤                                                                                           ⑥                                                                                       ➙                                                           ⑧                                               ✉                                                                               ❜                                           ⑩                                                       ❝                       ♣                                   ♦                                                                   ❥                                                                                   t                                                                   s                                                                                                       ❜                                                   ❡                                                               ❡                                           t                                                   ❜                                                                       ❡                                                                       ❡                                   ❝                           ⑤                                                                       ❦                                                                                   r                                                   ❦                                       ♥                                                       r                                   ❦                                               ♣                                   ❦                               ❞                                           ❡                       ❦                                   ✐                                                                                                               ✐                                               ❦                           ❢                           ❦                                           ❞                               ✐                                   ❜                                   ❞                                       ❡                   ♣                                                   ❝               ❞
    ➄                                                                                                                           ❺                                                       ➒                                                                                                                       ➜                                                                       ➜                                                                           ➣                                                                                   ➜                                                                       ➝                                                       ➝                                                               ➞                                                               ➣                                                                       ❻                           ➁                                                               ➀                                                                                                       ❶                                                                               ❷                                                   ➑                                               ❸                                           ❻                                                       ➀                                   ❽                                                       ❻                                   ➀                                       ❸                           ➀                                                   ➉                                                                                               ❺                                       ❽                                                                                                           ❷                                                               ❸                                   ➉                                                               ➀                                                   ❸                                                                           ➔                                                           ❸                                                       ❺                                           ❽                                                                   ❻                           ❼                                       ❽                                   ➔                                                                                               ➂                                                   ❺                               ❽                                                               ➆                                   ❻                                       ❼                   ❷                                               ❽                                           ➂                                                                   ➟                               ❻                               ➁                                                       ➀                                                                   ➠                                               ➇                                   ❺                           ❽                                           ➆                                   ❻                   ❼                   ❷                               ❽                                   ➂
    ❡           t                                   ❝                       ♣                                                                       ⑤                                                                       ❜                                               ❡                           ❡                                               ❦                                                   r                                                                   ⑧                                                                                                                                   ➛                                                                                                                           ❞
    ➈                                       ❸                           ➉                                                       ➀                           ❸                                       ➡                                   ➢
    ❜                                                                   ↕                                                                       ❜                                                   ❝                                                       ❞                                                                               ♣                                                       ❡                                                                                       ➎                                                                                                                                   ♣                                                               ⑧                                                   ✉                                                                                                                   ❜                                                           ⑩                                                           ❝                                       ♣                                                               ⑧
    q                                                                                   t                                                               ❦                                                                                                                                   ♥                                                                               ❜                                                                           r                                                   ❡                                           ❝                                               ❦                                                               ♣                                                                                                       t                                                                           ❦                                                                   r                                           ❦                                                       ➤                                                                           ⑥                                                                                                                                   r                                       ❦                                               ➥                                                           ♠                                                           ❦                                                       ♣                                               ❡                                                                                                   ❡                               t                                                   ❦                                                                                               ❤                                                                       s                                                       ♠                                       r                               ❡                                                                           ⑩                                               ❜                               ⑨                                                           ❜                                           ❡                           ❦                                                                                               ❡                                   t                                                           ❦                                                                                                           ➏                                                                   ❜                                                   ❞                                                       ⑨                                                           ❡                                           ❝                   s                                                                       ❞                                                   ♣                                                                                   ➛                                                                       r                                           ✐                                       ❦                                                       r                                                                                   ❜                               ❞                                           ✐                                                                               ❵                                                               ❛                                   ❜                                               ❝                   ❞                                   ❡                           ❝                           ❢                           ❢                                                   t                                       ❦                               r                       ❦                               ➤                                   ⑥
    ❥                                       ❝                       ❡                   t                                                       ✐                                               r                           ❜                                               ❥                                                                                               ♣                                                                                                           t                                                                           ❦                                                           r                                                                                                                   q                                                                                                       t                                                                       ❝                                           r                                       ✐                                                                                                                   ➎                                                                                                                                   s                                                               ❡                                                   ❝                           s                                                                   ❞                                                                                                   ❢                                           s                                                               r                                                                               ➏                                                                       ❜                                                           ❞                                                       ⑨                                       ❡                                       ❝                           s                                                       ❞                                                           ♣                                                               ❥                                                                   ❝                                   ❡                       t                                                                   ♥                                                                   r                           ❦                                               ➦                           ♠                                                           ✐                                                                   ❝                           ⑨                                                       ❦                                                                                           s                                                   ❞                                                                                                           ❡                                           t                                                   ❦                                                                                                       ↕                                                           r               s                                                           ♠                                               ❞                                                   ✐                                                           ♣                                                                           ❡                                   t                               ❜                                               ❡                                                   ❵                                                       ❛                               ❜                                                   ❝                           ❞                                       ❡                   ❝                           ❢                               ❢                                           ❜                                   ❞                                       ✐                                                           t                                   ❦                               r
    ⑨               s                                           ♠                                           ❞                                           ♣                                           ❦                                   ❛                                                                   ❞                                                                               s                                                                                                           ❛                                   s                                                                           ❞                                                                                           ↕                                                                           ❦                                                                               r                                                                                       ➤                                                                   ❦                                                       ❛                                   ❝                                               ❦                                                                   ⑩                                                               ❦                                                                                               ➎                                                                                                                       ♣                                                   ⑧                                                   ✉                                                                                   ❜                                                                   ⑩                                                           ❝                                   ♣                                                                                   ❜                                                       ⑨                                       ❡                                   ❦                                       ✐                                                                                   ❥                                                               ❝                               ❡                                   t                                                                       ❜                                               ❞                                                                               ❝                               ❞                                               ❡                               ❦                                                       ❞                                                       ❡                                                                               ❡                       s                                                                                   ✐                                                                       ❦                                           ⑨                                                                           ❦                                           ❝                                   ⑩                                                           ❦                                                                   ❡                                   t                                           ❦                                                                               ❤                                                                               s                                               ♠                                               r                           ❡                               ⑧                                                                   ❵                                                       ❛                           ❜                                                   ❝                           ❞                                   ❡                   ❝                                       ❢                       ❢                                       ❜                                   ❞                                       ✐                                                   t                               ❦                                   r
    ⑨               s                                           ♠                                           ❞                                           ♣                                           ❦                                   ❛                                                           ❢                                                       ♠                                                               r                                                   ❡                               t                                                                               ❦                                                                                           r                                                                                   ✐                                                                               ❝                                               ♣                                           ⑨                                                               ❛                           ❜                                                                       ❝                                       ⑤                                                                                                                                               ❜                                                               ❞                                                                   ⑥                                                                                                   ⑨                                                   s                                                       ❞                                                           ❡                       ❦                                                               ❞                                                               ❡                                           ❝                           s                                                       ❞                                                                                   ❡                                   t                                               ❜                                                   ❡                                       ➎                                                                                           ♣                                               ⑧                                       ✉                                                                       ❜                                           ⑩                                                   ❝                               ♣                                                                       ❜                                                               ⑨                                               ❡                                       ❦                                                       ✐                                                                               ❥                                                                               ❝                                           ❡                                           t                                                                                       ❜                                               ❞                                                                   ❝                                   ❞                                           ❡                                           ❦                                   ❞                                                       ❡                                                       ❡                               s                                                                   ✐                                           ❦                                   ⑨                                       ❦                                                   ❝                                   ⑩                                               ❦                                               ❡                           t                                                       ❦                                   ❤                                                       s                                       ♠                                   r                   ❡                   ⑧
    ✁                                                           ✂                       ✄                                                           ☎                                                                   ✆                                                                                                       ✁                                                                                           ☎                                                                           ✂                                                       ✁                                                                                                                       ✄                                                                                                                   ☎                                                                                           ✁                                                                                                           ✝                                                                           ✞                                                                                       ✟                                                                                       ✞                                                                                           ☎                                                                           ✠                                                                                           ✡                                                       ✞                                                                   ✄                                                                       ✟                                                                               ☎                                                                               ✂                                   ✁                                                                   ✄                                                                       ✡                                                                   ✁                                                                       ☛                                               ☞                                                               ✠                                                       ☛                                                                                   ✌                                                               ✍                                                           ✎                                                                                           ✏                                                                   ✑                                                       ✌                                                                               ✒                               ✍                                                                       ✓                                                               ✒                                           ✔                                                               ✔                                                               ✕                                   ✡
    ✖                                               ✂                       ☎                                                       ✗                                                               ☞                                               ☛                                                                                       ✞                                                                               ✖                                                                                                                               ✞                                                                                                       ✘                                                                                                               ✁                                                                                                               ✙                                                                                       ✏                                                                   ✑                                                                                   ✌                                                                                           ✒                                   ✍                                                                                       ✓                                                                           ✒                                           ✔                                                               ✔                                                       ✕                               ✚                                                                           ☎                                                                       ✗                                                                                       ✂                                       ☛                                                                   ☞                                                                                               ✆                                                                                   ✁                                                                   ☎                                   ✂                                       ✁                                                                   ✄                                                                       ✙                                                               ✁                                                                   ☛                                                                                       ✡                                                       ✞                                                                               ✄                                                           ✟                                                                       ☎                                                               ✂                                           ✁                                                                                           ✄                                                                   ✡
    R.6
    ✛                                                   ✜                                                                   ✢                                                   ✣                                                                                           ✤
    WHEREFORE the parties pray the Court enter an order vacating the Sanctions Order and
    acknowledging the Plaintiff's withdrawal of her Third Motion for Sanctions with prejudice and
    for all such other relief to which they may be justly entitled.
    Respectfully submitted,
    Steven E. Aldous
    BRADEN, VARNER, & ALDOUS, P.C.
    Texas State Bar N o. 00982100
    Robert R. Varner, Jr.
    Texas State Bar No. 20499450
    703 McKinney Avenue, Suite 400
    Dallas, Texas 75202
    (214) 740-0212
    (21     40-0217 (fax)
    ALDOUS LAW FI
    Texas State Bar No. 04783250
    2311 Cedar Springs, Suite 200
    Dallas, Texas 75201
    (214) 526-5595
    (214) 526-5525 (fax)
    ATTORNEYS FOR PLAINTIFF
    .,
    /(ol&tl        ~ .!di_!br'fi/1-/j~J