respondent prays for general relief

>> endstream endobj 166 0 obj <>/Filter/FlateDecode/Index[27 114]/Length 27/Size 141/Type/XRef/W[1 1 1]>>stream Her ex-husband, appellee Jeffrey Hardin, then filed an amended summary judgment motion that, among other things, expanded on his prior summary judgment motion seeking attorneys' fees. Relief to be specifically stated.-Every plaint shall state specifically the relief which the Plaintiff claims either simply or in the alternative, and it shall not be necessary to ask for general or other relief which may always be given as the Court may think just to the same extent as if it had been asked for. >> The documents posted on this site are XML renditions of published Federal Id. See CIV. Hans brought an action in federal court to recover the interest payments on the bonds, arguing that the provision in the Louisiana Constitution violated the Contracts Clause in Article I, Section 10 of the U.S. Constitution. The order, however, did not state the legal basis for the award and did not say that Aimee was to pay the fees directly to Jeffrey's lawyer. /AP << Aimee raises ten issues on appeal. Respectfully submitted, Tisdale, Indelicato & Key 227 Oak Street, Suite 1200 Denton, Texas 76201 Tel: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx 0000007442 00000 n /FT /Tx Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. In February 2012, Aimee filed another petition to modify parent-child relationship, following which the trial court in January 2013 signed a modification order that maintained Aimee and Jeffrey as the children's joint managing conservators. Limiting the Available Relief By definition, the prayer states the "relief sought." TEX. /Type /Page stream /Subtype /Widget 10 0 obj <<20898C387FA2E54FB1A0395E54BDAAF8>]/Prev 168184/XRefStm 1164>> endobj << /F1 39 0 R `)Y P. 38.1(j). /Length 34 /Rect [ 122.48 682.24 314.93 696.59 ] Under the Eleventh Amendment, federal courts cannot have jurisdiction over actions brought against a state by its own citizens. /MediaBox [ 0 0 612 792 ] endobj /DA (\057F4\04010\0565\040Tf\0400\0400\0400\040rg) >> endstream Aimee made hearsay objections to 14 of Jeffrey's 15 summary judgment exhibits. Ppu*55 C=CS )rs Performance & security by Cloudflare. On March 26, 2021 a WARNING to Respondent: Without the advice and help of an attorney, you may be putting yourself, your property, and your money at risk. /Rect [ 122.25 668.28 319.81 682.62 ] x+ `)Y /AS /Off stream endstream /Off 38 0 R /Filter /FlateDecode /MK << Four, Aimee could have sought but did not seek clarification of the statutory grounds underlying Jeffrey's fee request via special exceptions or discovery. endstream /Subtype /Form (following Coburn and concluding that prevailing party status is relevant but not decisive or conclusive). documents in the last year, 19 Estimated Total Annual Burden Hours: Copyright 2023 ALM Global, LLC. /Type /XObject Because we uphold the award under 106.002, issues five and six are unnecessary to our disposition. 564, 564 (Tex. /Type /XObject >> Aimee also argues that the Allison affidavit is defective because Allison failed to show that he had personal knowledge of some of the facts stated therein. 27 0 obj Finally, we disagree with Aimee's premise that Jeffrey's original answer failed to identify a statutory basis for his fee claim. Attachment Requirements. 0000009827 00000 n /Rect [ 214.15 178.41 302.57 194.58 ] /ExtGState 66 0 R documents in the last year, 29 /V () /Subtype /Form The grounds of the action are stated in the petition as follows: "Your petitioner avers that, by the issue of said bonds and, coupons, said State contracted with and agreed to pay the bearer thereof the principal sum of said bonds forty years from the date thereof, to-wit, the 1st day of January, 1874, and to pay the interest thereon represented by coupons as aforesaid, including the coupons held by your petitioner, semiannually upon the maturity of said coupons; and said legislature, by an act approved January 24, 1874, proposed an amendment to the constitution of said State, which was afterwards duly adopted, and is as follows, to-wit:", " No. In April 2014, Jeffrey filed his original summary judgment motion, which requested an award of fees but did not cite a legal basis for a fee award or attempt to prove the fees upbut it did track the counterclaim by asking the trial court to order Aimee to pay Jeffrey's counsel directly. >> stream /Producer () x+ /Resources << << PRAC. documents in the last year, 825 stream x+ /Matrix [ 1 0 0 1 0 0 ] /N 20 0 R /F 4 endstream Aimee asserts that Jeffrey did not file a counterclaim in this case. /T (US\137Phone\137Number\1371) also did not hold that only prevailing parties can recover 106.002 fees. >> 22 0 obj /Filter /FlateDecode /Subtype /Form 0000008853 00000 n Estimated Time per Respondent: /T (Text\1373) stream /BBox [ 0 0 50.38 16.15 ] /BBox [ 0 0 197.56 14.34 ] /Subtype /Form For full print and download access, please subscribe at https://www.trellis.law/. . endstream In view of extreme urgency and in order that the petitioners may not suffer great and irreparable injuries, a Temporary Restraining Order/Preliminary Injunction enjoining the respondents from proceeding with the subject criminal case; 2. /Subtype /Widget Jeffrey's summary judgment reply brief objected to Aimee's sanctions motion, arguing that Aimee could not nonsuit all of her claims and then request sanctions in a summary judgment response. >> << >> endobj << Comments are invited on: 1. >> The trial court signed an order granting in part Jeffrey's amended summary judgment motion and denying Aimee's motion for sanctions. to the courts under 44 U.S.C. A typical prayer would read: "The plaintiff prays for 1) special damages in the sum of $17,500; 2) general damages according to proof [proved in trial]; 3) reasonable attorney's fees; 4) costs of suit; and 5) such other and further relief as the court shall deem proper." /Resources << One, Rule 162 provides that a nonsuit "shall not prejudice the right of an adverse party to be heard on a pending claim for affirmative relief." Each document posted on the site includes a link to the endstream >> on /Subtype /Widget stream /CreationDate (D\07220161121173921Z00\04700\047) /Filter /FlateDecode endobj Ask Your Own Family Law Question Can I have that removed? /BBox [ 0 0 179.92 14.34 ] documents in the last year, 494 26 P. 97(a), (b) (describing compulsory and permissive counterclaims); Calstar Props., L.L.C. stream 0 Currently the Bureau of the Fiscal Service within the Department of the Treasury is soliciting comments concerning the Claim for Relief on Account of Loss, Theft, or Destruction of U.S. >> /P 4 0 R 0000076060 00000 n They had two children, both with the initials J.A.H. Sch. /Ff 4096 /N 58 0 R endobj In her next four issues, Aimee raises various arguments that the trial court erred by granting Jeffrey's amended summary judgment motion. 0000000016 00000 n See Sanchez v. Martin,378 S.W.3d 581, 590 (Tex. >> 25 0 obj "Page 134 U. S. 4 By the judgment of the court, this exception was sustained, and the suit was dismissed. >> /Length 12 and /Subtype /Form In view of this, the Arbitral Tribunal asked the Claimants whether they wanted to withdraw or maintain the corresponding request for relief. Once you have filled in the required fields below you can preview and/or submit your comment to the Treasury Department for review. daily Federal Register on FederalRegister.gov will remain an unofficial /Matrix [ 1 0 0 1 0 0 ] Submit a formal comment. Prayer Respondent prays that Petitioner take nothing and that Respondent be granted all relief requested in this Original Answer. << that words not included [in a statute] were purposefully omitted."). >> >> x+ /Type /XObject /DA (\057F2\0409\040Tf\0400\0400\0400\040rg) For a referral to an attorney, or if you are poor to the nearest Legal Aid Office, call the State Bar of Texas Lawyer Referral Information Service at 800-252-9690. /FT /Btn 0 A typical prayer would read: "The plaintiff prays for 1) special damages in the sum of $17,500; 2) general damages according to proof [proved in trial]; 3) reasonable attorney's fees; 4) costs of suit; and 5) such other and further relief as the court shall deem proper." /Ff 4096 Aimee does not identify any other evidence purportedly supporting her claim that Jeffrey acted with an improper purpose when he requested the injunction. /Filter /FlateDecode << ", "And petitioner further avers that, notwithstanding said solemn compact with the holders of said bonds, said State hath refused and still refuses to pay said coupons held by petitioner, and by its constitution, adopted in 1879, ordained as follows:", " That the coupons of said consolidated bonds falling due the 1st of January, 1880, be, and the same is hereby, remitted, and any interest taxes collected to meet said coupons are hereby transferred to defray the expenses of the State government;", "and by article 257 of said constitution also prescribed that 'the constitution of this State, adopted in 1868, and all amendments thereto, is declared, to be superseded by this constitution;' and said State thereby undertook to repudiate her contract obligations aforesaid, and to prohibit her officers and agents executing the same, and said State claims that, by said provisions of said constitution, she is relieved from the obligations of her aforesaid contract, and from the payment of said coupons held by petitioner, and so refuses payment thereof, and has prohibited her officers and agents making such payment. 7 0 obj We look to a pleading's substance to determine its nature. See 313 S.W.3d at 892. /V () /F 4 What is the definition of Respondent prays for general relief? /Rect [ 122.02 653.42 319.58 667.76 ] 14 0 obj stream >> << /Title (SAPCR\040Respondent\047s\040Answer\040Form) It seems a loose end Family Lawyer: Lori You can deny it in your response These markup elements allow the user to see how the document follows the >> /Matrix [ 1 0 0 1 0 0 ] 37 0 obj 39 0 obj 0000003377 00000 n x+ "Y:x=/=?x3H>/ HFM$@5)o j^&. << This feature is not available for this document. trailer /Resources << /AP << Ppu*\, /BBox [ 0 0 182.98 16.15 ] << 2 0 obj 2013, no pet.) stream 43 0 obj /Type /Font /N 8 0 R (emphasis added). The statute does not contain a prevailing party requirement, and we may not add requirements the legislature did not see fit to adopt. /Type /XObject /AP << Civ. Until the ACFR grants it official status, the XML Click on the case name to see the full text of the citing case. 30 0 obj endstream >> %PDF-1.5 /Contents [ 63 0 R 64 0 R 65 0 R ] Privacy - Print page. /Parent 1 0 R /Filter /FlateDecode /N 6 0 R /Yes 40 0 R 202309166 Filed 42823; 8:45 am], updated on 8:45 AM on Monday, May 1, 2023. See generally TEX. stream x+ App.-Dallas 2015, no pet.). /BBox [ 0 0 67.55 16.15 ] Respondent prays for such relief, in equity or at law, to which he may show himself entitled. /AS /Off 4, Prayer Respondent prays that Petitioner take nothing and that Respondent be granted all relief requested in this Original Answer. << /AP << /F1 27 0 R Bonds that Hans purchased from Louisiana contained coupons that could be exchanged for interest payments. 0000001750 00000 n Petitioner also avers that taxes for the payment of the interest upon said bonds due January 1, 1880, were levied, assessed, and collected, but said State unlawfully and wrongfully diverted the money so collected, and appropriated the same to payment of the general expenses of the State, and has made no other provision for the payment of said interest. 55 0 obj ;XEvC~f&DONoO[Ve/;_^(*D|>_Yk { *k: Ppu*55 =cCL(++ /Subtype /Form Aimee's eighth and ninth issues argue that the trial court erred by assessing Jeffrey's attorneys' fees against her instead of the attorney who represented her when she filed the petition to modify. /Creator (FormsPal) endobj x+ | endobj >> (PRINT your name and information.) /BBox [ 0 0 180.76 13.5 ] >> /Resources << See Blank v. Robertson, 78 S.W. Thus, "a plaintiff's nonsuit cannot extinguish a defendant's counterclaim for costs and attorney's fees." /AP << Accordingly, the trial court reasonably rejected Aimee's request for 10.001(2) sanctions. >> /Count 1 /F 4 endobj >> /AP << /Type /XObject /Resources << Sample 1. Full Name: Telephone: _____ Mailing Address: 36 0 obj /Rect [ 122.02 624.63 319.58 638.97 ] endobj [Last updated in July of 2020 by the Wex Definitions Team]. and on H\j >w%PrNReby6l*s)do@q;@. /V () /F 4 /P 4 0 R TEX. /FT /Ch endobj The text expressly provides that states may be sued by their citizens only with their consent, and the state did not consent to having this type of action brought against it. What is the purpose of Respondent prays for general relief? on >> 31 0 obj << should verify the contents of the documents against a final, official >> /AP << endstream That same month, Aimee's attorney moved to withdraw as her counsel. 04/28/2023 at 8:45 am. Villafani v. Trejo,251 S.W.3d 466, 469 (Tex. Document page views are updated periodically throughout the day and are cumulative counts for this document. endstream endobj endobj Ppu*55 C=CS )rs endstream After we rejected the father's attack on the modification order's merits, we summarily rejected his related attack on the fee award: "Mother prevailed on her motion to modify, and we have concluded that Father's challenge to that ruling is without merit. Regarding Aimee's seventh issue, our standard of review is abuse of discretion. /Type /XObject Cloudflare Ray ID: 7c09edd34d894022 Federal Register provide legal notice to the public and judicial notice Gomer v. Davis,419 S.W.3d 470, 481 (Tex. >> /Filter /FlateDecode /Resources << Prayer Respondent prays that Petitioner take nothing and that Respondent be granted all relief requested in this Original Answer. Written comments should be received on or before June 30, 2023 to be assured of consideration. 141 0 obj <> endobj In 2008, Aimee filed a petition to modify parent-child relationship. Clark, Benjamin, /Length 49 /Rect [ 361.15 653.37 418.48 667.71 ] CIV. /BaseFont /ZapfDingbats 11 0 obj /Rect [ 87.69 481.58 97.13 491.02 ] Her tenth issue argues that the trial court erred by sustaining Jeffrey's objection to the sanctions motion. R. APP. documents in the last year, 1471 >> endobj /Type /XObject Aimee, acting through new counsel, filed a combined response, objections, and counter-motion for sanctions. /BBox [ 0 0 202.21 16.16 ] endobj 05/01/2023, 39 x+ Section 106.002(a) provides, "In a suit under this title,[1] the court may render judgment for reasonable attorney's fees and expenses and order the judgment and postjudgment interest to be paid directly to an attorney." Listed below are those cases in which this Featured Case is cited. /Subtype /Form 148.72.212.198 You can request verification for native languages by completing a simple application that takes only a couple of minutes. CODE 106.002(a). Because we have upheld the trial court's denial of sanctions on the merits, any error in the trial court's sustaining of Jeffrey's objection to Aimee's sanction motion is harmless. >> See FAM. "Wherefore respondent prays to be hence dismissed, with costs, and for general relief. The docket sheet indicates that a new lawyer appeared for Aimee on April 3, 2014. endobj c /P 4 0 R >> endobj Gavin B. Bounous x+ Bounous, Benjamin Joseph, She alleged that Jeffrey and the children had since moved back to Texas from New York, and she sought a "50/50 possession schedule, or that which the Court deems is in the best interest of the children.". Aimee, however, argues that we held that 106.002 contains a prevailing party requirement in In re M.A.N.H.,231 S.W.3d 562 (Tex. /Subtype /Form Aimee's sanctions motion argued that Jeffrey's amended summary judgment motion (i) violated 10.001(1) because it was brought for an improper purpose and (ii) violated 10.001(2) because it was warranted neither by existing law nor by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law. But Jeffrey's motion did not invoke Chapter 10 to support the fee award. P. 162. 5X+uE 5wpgc*NX? }F%BU1D4AB 9vE|urgC{lG96fj( pl*B I$aBQ'7K F (or the Respondent if she or he does not have an attorney), in writing, if my mailing address or email address changes during this case. involving a dispute between /AP << P. 44.1 (reversible error in civil cases). 2R035TSF /Filter /FlateDecode Assuming without deciding that the trial court so erred, we conclude that any error was harmless because, as shown below, the trial court's judgment must be affirmed regardless of Aimee's evidence. << /Type /XObject 0000002222 00000 n App.-Houston [1st Dist.] App.-Fort Worth 2004, no pet.) In September 2013, Jeffrey's original attorney withdrew, and that same month his new attorneys, Kip Allison and Karen Kennedy, appeared. Respectfully submitted, Respondent, Pro Se [Sign your name on the line.] /Length 49 FAM. electronic version on GPOs govinfo.gov. << HJ1}I " /N << /Type /Pages /Subtype /Widget /Resources << /Type /XObject >> << We reverse only if the trial court's decision was arbitrary or unreasonable. stream Adjudging and declaring that [ insert description of relief sought (e.g., penalty should not have been assessed) ]. Blackstone Med., Inc. v. Phoenix Surgicals, L.L.C.,470 S.W.3d 636, 651 (Tex. endobj Although Jeffrey did not prevail on this request, that fact alone does not show that Jeffrey presented the request for an improper purpose. She cites only Texas Rule of Civil Procedure 162 as support. >> hbbc`b``3%G@ } /Rect [ 81.38 555.49 283.59 571.64 ] /F 4 /Resources << /Ff 4096 /N 50 0 R The tax required for the payment of the principal and interest of said bonds shall be assessed and collected each and every year until the bonds shall be paid, principal and interest, and the proceeds shall be paid by the treasurer of the State to the holders of said bonds as the principal and interest of the same shall fall due, and no further legislation or appropriation shall be requisite for the said assessment, and collection and for such payment from the treasury. the official SGML-based PDF version on govinfo.gov, those relying on it for /AP << /P 4 0 R 0000010608 00000 n The information is requested to establish ownership and support a request for relief due to the loss, theft, or destruction of United States Registered Securities. /AP << /Fields [ (Signature\1372) ] documents in the last year, 9 << 35 0 obj It appears that you have attempted to comment on this document before /Type /XObject /F 4 endstream endobj 154 0 obj <>stream A prayer gives the judge an idea of what is sought, and may become the basis of a judgment if the defendant defaults (fails to file an answer). See Ollie v. Plano Indep. /Length 50 /Length 49 >> QUESTION: Is he trying to get the judge to make her to pay his attorney fees? Two, nothing in Rule 162 supports Aimee's premise that a defendant's counterclaim for affirmative relief is somehow "frozen" if the plaintiff nonsuits her case. /Rect [ 87.69 443.88 97.13 453.31 ] /Type /XObject /Owner () The authors of the Constitution would not have intended such a narrow interpretation of the Eleventh Amendment, which would be compelled by allowing this action to proceed. c If there is no request (prayer) for a specific remedy (relief) like compensatory damages, then a bland request just leaves it to the court's discretion to award the relief the judge deems proper. /P 4 0 R x+ /P 4 0 R Register, and does not replace the official print version or the official /T (Text\13710) Start Preamble ACTION: Notice and request for comments. /Annots [ 5 0 R 7 0 R 9 0 R 11 0 R 13 0 R 15 0 R 17 0 R 19 0 R 21 0 R 25 0 R 29 0 R 31 0 R 33 0 R 35 0 R 37 0 R 41 0 R 43 0 R 47 0 R 49 0 R 51 0 R 53 0 R 55 0 R 57 0 R 59 0 R 61 0 R ] /T (Text\1379) /Matrix [ 1 0 0 1 0 0 ] Ppu*55 =cCL(++ endobj hb```b``AX,+0V?pH,tGEG_v%eiL @ dht >4 -`( a2!CFVLL0md`cq &O5nedhE)H3? App.-Dallas 2012, no pet.). /Filter /FlateDecode /Type /SigFieldLock /P 4 0 R /V () << /P 4 0 R /Rect [ 419.69 656.29 428.2 664.79 ] 0000024181 00000 n >> /Type /XObject /DA (\057F4\04010\0565\040Tf\0400\0400\0400\040rg) 8 0 obj endobj /Subtype /Form 167 0 obj <>stream 106.002(a). /Rect [ 410.89 197.93 521.52 214.08 ] /Font << /MaxLen 3 /ProcSet [ /PDF /Text ] respondent-s-original-answer-filed-by-clark-benjamin, In the Matter of the Marriage of Rebecca Monjezi and Benjamin Clark and In the Interest of C.M., a Child. /V () /AP << /P 4 0 R << >> 13 0 obj << Document Drafting Handbook /Subtype /Form On October 25, 2019 a While this system had been approved by the Louisiana legislature, it later changed the state constitution to include a provision that prevented the state from making interest payments on the bonds.

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