On December 28, 2009 a
Motion,Ex Parte
was filed
involving a dispute between
Green, Chris,
and
Collins, Robert J,
Robert J Collins Pc,
for PROFESSIONAL LIABILITY
in the District Court of Dallas County.
Preview
; dps
CAUSE No. 09-17367 Bay.
: 23 AY 9,
CHRIS GREEN, § IN THE 134™ Dis 251 °b
§ rey Oks
Plaintiff, § kas
§ EP
v. § DALLAS COUNTY, TEXAS Ury
§
Rosert J. COLLINS, §
§
Defendant. §
VERIFIED MOTION TO REINSTATE
Pursuant to Texas Rule of Civil Procedures 165.3, Plaintiff moves the Court to reinstate
this case on the Court’s active docket. In support thercof, Plaintiff would show as follows:
1. Plaintiff was called to and appeared for trial on Monday, July 26, 2010 in Cause
No. 1-08-1007 in the 382" District Court of Rockwall County, Texas in the case styled Yost v.
Jered Custom Homes, et al, which was originally filed on October 16, 2008.
2. Prior to the trial setting herein, Plaintiffs counsel consulted Defendant, who is an
attorney appearing pro se in this cause, regarding a possible continuance of this matter and to
determine whether he had been called to trial in this case. Defendant stated that he was not
opposed to a continuance, but that he had not heard anything from the Court. Likewise,
Plaintiff's counsel did not receive any communication from the Court calling the case to trial.
3. Because this case had not been called to trial, Plaintiff's counsel assumed that no
appearance would be required. Counsel’s assumption, albeit proven incorrect, was based on the
historical practice in Dallas County courts of actually calling cases to trial.
4. Counsel’s failure to appear for trial was not intentional or the result of conscious
indifference, but do to a mistaken assumption coupled with the necessity of appearing in an older
case out of country.
VERIFIED MOTION TO REINSTATE Pace tWHEREFORE, Plaintiff requests that the dismissal order apparently entered on July 27,
2010 be sct aside and this cause be reinstated on the Court’s active docket.
SBN 07861220
1801 N. Hampton Rd., Ste. 370
Desoto, Texas 75115
(972) 291-9300
(972) 291-0636 Facsimile
COUNSEL FOR PLAINTIFF
CERTIFICATE OF SERVICE
On this 18" day of August 2010, a copy of the foregoing instrument was served on
Plaintiff as set forth below:
Via FACSIMILE (214) 580-7600
Robert J. Collins
1401 Elm St., Ste. 1800
Dallas, TX 75202
DEFENDANT, PRO SE
VERIFIED MOTION TO REINSTATE PAGE 2VERIFICATION
STATE OF TEXAS §
§
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, personally appeared David R. Gibson, a person
whose identity was proven to me, who after being duly sworn stated under oath that he has
personal knowledge of the facts stated in the foregoing instrument and that said facts are true and
correct.
David R.’Gibson
SUBSCRIBED AND SWORN to before me, the undersigned Notary Public in and for the
State of Texas, on this 18" day of August 2010.
MICHELLE JOY GIBSON
(i) meer |
VERIFIED MOTION TO REINSTATE PAGE 3Telephone (972) 291-9300
Via First CLass MAIL
Clerk, 134" District Court
600 Commerce Street
Dallas, Texas 75202
THE GIBSONLAWGROUP Exanchssea. 2,
ATTORNEYS AT LAW ~
1801 N. HAMPTON RD., STE. 370 Fy L Ep
DeSoto, Texas 75115 an Aug 2
my. lawyer@sbeglobal.net 3 AN 4 9
GARY yy
eng on
— Dertry
August 18, 2010
Re: Chris Green v. Robert J. Collins and Robert J. Collins, P.C.
Cause No. 09-17367
Dear Clerk:
Please file the enclosed Verified Motion to Reinstate and return the file-stamped copy to
me in the enclosed SASE. The filing fee is enclosed as well.
Thank you.
ce: Chris Green
David R. Gibson
Document Filed Date
August 23, 2010
Case Filing Date
December 28, 2009
Category
PROFESSIONAL LIABILITY
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
; dps CAUSE No. 09-17367 Bay. : 23 AY 9, CHRIS GREEN, § IN THE 134™ Dis 251 °b § rey Oks Plaintiff, § kas § EP v. § DALLAS COUNTY, TEXAS Ury § Rosert J. COLLINS, § § Defendant. § VERIFIED MOTION TO REINSTATE Pursuant to Texas Rule of Civil Procedures 165.3, Plaintiff moves the Court to reinstate this case on the Court’s active docket. In support thercof, Plaintiff would show as follows: 1. Plaintiff was called to and appeared for trial on Monday, July 26, 2010 in Cause No. 1-08-1007 in the 382" District Court of Rockwall County, Texas in the case styled Yost v. Jered Custom Homes, et al, which was originally filed on October 16, 2008. 2. Prior to the trial setting herein, Plaintiffs counsel consulted Defendant, who is an attorney appearing pro se in this cause, regarding a possible continuance of this matter and to determine whether he had been called to trial in this case. Defendant stated that he was not opposed to a continuance, but that he had not heard anything from the Court. Likewise, Plaintiff's counsel did not receive any communication from the Court calling the case to trial. 3. Because this case had not been called to trial, Plaintiff's counsel assumed that no appearance would be required. Counsel’s assumption, albeit proven incorrect, was based on the historical practice in Dallas County courts of actually calling cases to trial. 4. Counsel’s failure to appear for trial was not intentional or the result of conscious indifference, but do to a mistaken assumption coupled with the necessity of appearing in an older case out of country. VERIFIED MOTION TO REINSTATE Pace tWHEREFORE, Plaintiff requests that the dismissal order apparently entered on July 27, 2010 be sct aside and this cause be reinstated on the Court’s active docket. SBN 07861220 1801 N. Hampton Rd., Ste. 370 Desoto, Texas 75115 (972) 291-9300 (972) 291-0636 Facsimile COUNSEL FOR PLAINTIFF CERTIFICATE OF SERVICE On this 18" day of August 2010, a copy of the foregoing instrument was served on Plaintiff as set forth below: Via FACSIMILE (214) 580-7600 Robert J. Collins 1401 Elm St., Ste. 1800 Dallas, TX 75202 DEFENDANT, PRO SE VERIFIED MOTION TO REINSTATE PAGE 2VERIFICATION STATE OF TEXAS § § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, personally appeared David R. Gibson, a person whose identity was proven to me, who after being duly sworn stated under oath that he has personal knowledge of the facts stated in the foregoing instrument and that said facts are true and correct. David R.’Gibson SUBSCRIBED AND SWORN to before me, the undersigned Notary Public in and for the State of Texas, on this 18" day of August 2010. MICHELLE JOY GIBSON (i) meer | VERIFIED MOTION TO REINSTATE PAGE 3Telephone (972) 291-9300 Via First CLass MAIL Clerk, 134" District Court 600 Commerce Street Dallas, Texas 75202 THE GIBSONLAWGROUP Exanchssea. 2, ATTORNEYS AT LAW ~ 1801 N. HAMPTON RD., STE. 370 Fy L Ep DeSoto, Texas 75115 an Aug 2 my. lawyer@sbeglobal.net 3 AN 4 9 GARY yy eng on — Dertry August 18, 2010 Re: Chris Green v. Robert J. Collins and Robert J. Collins, P.C. Cause No. 09-17367 Dear Clerk: Please file the enclosed Verified Motion to Reinstate and return the file-stamped copy to me in the enclosed SASE. The filing fee is enclosed as well. Thank you. ce: Chris Green David R. Gibson