Preview
7 \ 6 - ., @
Cause No. 09- ae
7 t
Curis GREEN, § 5 “sR GMs raicr Court
§ Be
Plaintiff, Se ce os
they
oe mee Ax, a
v. § Gounry, TEXAS
§
Roser J. COLLINS, §
§
Defendants. §
ORIGINAL PETITION
Plaintiff asserts that Defendants committed legal malpractice and in support would show
as follows:
Discovery Control Plan
1. Discovery shall be conducted under Level 2.
Parties, Jurisdiction and Venue
2. Plaintiff is an individual resident of Dallas County, Texas.
3. Defendant Robert J. Collins is an attorney licensed to practice law in Texas, who
resides in Dallas County, Texas. Mr. Collins may be served with process at 25 Highland Park
Village No. 100-398, Dallas, TX 75205.
ee ees
4. Defendant Robert J. Collins, P.C., is a Texas professional corporation and may be
oven os
served with process by serving its President at 25 Highland Park Village No. 100-398, Dallas,
_TX 75205.
5. This Court has subject matter jurisdiction over this controversy because the amount
at issue exceeds the minimum jurisdictional limit of the Court.
ORIGINAL PETITION PAGE 16. Venue is proper in Dallas County, Texas because all or a substantial part of the acts
or omissions giving rise to Plaintiff's claim occurred in Dallas County and because Defendants
reside in Dallas County.
Facts
7. Plaintiff retained Defendants to sue Milan Boyanich, a California resident, to
collect $30,000 advanced by Plaintiff to purchase a business, which transaction was never
completed. Pursuant to this engagement, Defendants filed Cause No. 05-17204-E in Dallas
County Court at Law No. 5. Thereafter, Defendants failed to obtain service of process on
Boyanich and further failed to take all steps reasonable and necessary under the circumstances to
do so. Plaintiff's lawsuit against Boyanich was subsequently dismissed for want of prosecution
on November 26, 2007. Defendants failed to file a motion to reinstate or take any other steps to
re-open Plaintiff's case. Consequently, Plaintiff's claim against Boyanich became time-barred
by the application statute of limitations.
Claims
Count 1: Negligence
8. Defendants’ acts and omissions as alleged above constitute negligence
proximately causing damage to Plaintiff for which he now sues.
Count 2:_ Breach of Fiduciary Duty
9. Defendants’ acts and omissions as alleged above breached Defendants’ fiduciary
duties owed to Plaintiff proximately causing damage to Plaintiff for which he now sues.
Conditions Precedent
10. All conditions precedent to Plaintiffs recovery have been performed, have
occurred, or have been waived.
ORIGINAL PETITION PAGE 2Jury Demand
11. Plaintiffs hereby demand trial by jury.
Request for Disclosure
12. Pursuant to Rule 194, you are requested to disclose, within 50 days of service of
this request, the information or material described in Rule 194.2
Prayer
WHEREFORE, Plaintiff requests that Defendants be cited to appear and answer, and that
on final trial by jury, Plaintiff have judgment against Defendants, jointly and severally, for:
1
2.
Actual;
Pre- and post judgment interest at the highest rates allowed by law;
Attorney’s fees;
Costs of Court; and
Such other relief, at law or in equity, to which Plaintiff may be justly entitled.
David R. Gibson
SBN 07861220
1801 N. Hampton Rd.
DeSoto, TX 75115
(972) 291-9300
(972) 291-0636 Facsimile
COUNSEL FOR PLAINTIFF
ORIGINAL PETITION PAGE 3T COVER SHEET
eo p4-
DALLAS COUNTY CIVIL Me
STYLED Chris Green
PTR em ey
134g
09 Fry. Robert J. Collins and Robert J. Collins, P.C.
os
Te AO
This Civil Cover Sheet must be completed, filed and served with every petition. The information should be the best available at the
time of fling, understanding that the information may change before, Arial. This information does not constitute a discovery request,
nse, oF lementation, and is not admissible at trial. Chiéek WW) ail applicable boxes.
Plaintiffs) Defendant(s) (list separately)
Do Pro Se
‘Address Robert J. Collins
Robert J Collins, P.C.
Telephone/Fax.
E-mail
B) Auomey for Plaintiffs)
State Bar No. 07861220
Address 1801 N. Hampton Ro., Ste. 270
DeSoto, TX 75115
‘Telephone/Fax (072) 291-SIOOG72) 231-0636
E-mail my.lawyer@sbeglobai.net
PARTIES MUST CHECK ONE CASE TYPE AND MAY CHECK ONE SUB-TOPIC
A Administrative Appeal DD Termination O Pari
Bill of Review DB Other Employment H Quite Title
Certiorari DB Foreclosure Trespass/Try Title
Code Violations R736 DE) Other Propeny
Condemnation Other than R 736 Prejudgment Remedy
Construction Foreign Judgment izuce/Forfeiture
Construction Insurance Tax
DebvContract Mass TorVMDIL/Rule 11 Tax Appraisal
Defamation Asbestos Tax Delinquency
Other Commercial Dispute Baycol ‘Tax Land Bank
© antitrusvUnfair Comp H Breast Imptant Tax Personal
Consumer TPA Firestone CO Tax Real
Franchise Phen-Fen Workers Comp
Fraud/Misrep Silica Other
Intellectual Property Other Multi-Party
Non-Competes 0 Motor Vehicle Accident ADDITIONAL SUB-TOPI
H Partnership Other Personal Injury Attachment
Securities/Stock AssaulvBattery Bill of Discovery
Tortuous Interference Product Class Action
Other Commercial Premises Declaratory Judgment
D. Discipline Other Personal Injury Garnishment
CO Discovery (0 Name Change Interpleader
Rule 202 Depositions A Post-Judgment License
Commissions Professional Liability Mandamus
Subpoena Accounting Receiver
Letters Rogatory Legal Sequestration
Other Discovery Med/Mal Severance
D Employment Other Prof. Liab. TRO/Injunction
Discrimination DI Property ‘Turnover
DD Retaliation
DISCOVERY LEVEL
Ty bevel 1 FeLbevel2
Ll tevet3
Local Rule 1.08 Certification (Must be completed and signed)
This case is not subject to transfer pursuant to Local Rule 1,07. or
This case is related to another case filed or disposed of in Dallas County:
Coun: Style:ee | ee
THE GIBSON LAW GROUP
ATTORNEYS AT LAW ©
1801 N. HAMPTON RD., STE. 210
Desor texas? S115} 2: 26
my.lawyer@sbeglobal.net, |.
Q
se - Facsimile (972) 291-0636
ney
Telephone (972) 291-9300
December 4, 2009
Via CMRRR 7005 0390 0006 3798 0694
District Clerk
600 Commerce Street ' +H
Dallas, Texas 75202 a j ]
Re: — Chris Green v. Robert J. Collins and Robert J. Collins, P.C.
Dear Clerk:
Please file the Original Petition, issue citations for each of the two Defendants, and return
a file-stamped copy of the petition to me in the enclosed SASE. My firm’s check in the amount
of $263 is enclosed to cover the filing fees.
| will arrange for private service of process.
Thank you.
Very trul. rs,
David Yoson
cc: Chris Green
Preview
7 \ 6 - ., @ Cause No. 09- ae 7 t Curis GREEN, § 5 “sR GMs raicr Court § Be Plaintiff, Se ce os they oe mee Ax, a v. § Gounry, TEXAS § Roser J. COLLINS, § § Defendants. § ORIGINAL PETITION Plaintiff asserts that Defendants committed legal malpractice and in support would show as follows: Discovery Control Plan 1. Discovery shall be conducted under Level 2. Parties, Jurisdiction and Venue 2. Plaintiff is an individual resident of Dallas County, Texas. 3. Defendant Robert J. Collins is an attorney licensed to practice law in Texas, who resides in Dallas County, Texas. Mr. Collins may be served with process at 25 Highland Park Village No. 100-398, Dallas, TX 75205. ee ees 4. Defendant Robert J. Collins, P.C., is a Texas professional corporation and may be oven os served with process by serving its President at 25 Highland Park Village No. 100-398, Dallas, _TX 75205. 5. This Court has subject matter jurisdiction over this controversy because the amount at issue exceeds the minimum jurisdictional limit of the Court. ORIGINAL PETITION PAGE 16. Venue is proper in Dallas County, Texas because all or a substantial part of the acts or omissions giving rise to Plaintiff's claim occurred in Dallas County and because Defendants reside in Dallas County. Facts 7. Plaintiff retained Defendants to sue Milan Boyanich, a California resident, to collect $30,000 advanced by Plaintiff to purchase a business, which transaction was never completed. Pursuant to this engagement, Defendants filed Cause No. 05-17204-E in Dallas County Court at Law No. 5. Thereafter, Defendants failed to obtain service of process on Boyanich and further failed to take all steps reasonable and necessary under the circumstances to do so. Plaintiff's lawsuit against Boyanich was subsequently dismissed for want of prosecution on November 26, 2007. Defendants failed to file a motion to reinstate or take any other steps to re-open Plaintiff's case. Consequently, Plaintiff's claim against Boyanich became time-barred by the application statute of limitations. Claims Count 1: Negligence 8. Defendants’ acts and omissions as alleged above constitute negligence proximately causing damage to Plaintiff for which he now sues. Count 2:_ Breach of Fiduciary Duty 9. Defendants’ acts and omissions as alleged above breached Defendants’ fiduciary duties owed to Plaintiff proximately causing damage to Plaintiff for which he now sues. Conditions Precedent 10. All conditions precedent to Plaintiffs recovery have been performed, have occurred, or have been waived. ORIGINAL PETITION PAGE 2Jury Demand 11. Plaintiffs hereby demand trial by jury. Request for Disclosure 12. Pursuant to Rule 194, you are requested to disclose, within 50 days of service of this request, the information or material described in Rule 194.2 Prayer WHEREFORE, Plaintiff requests that Defendants be cited to appear and answer, and that on final trial by jury, Plaintiff have judgment against Defendants, jointly and severally, for: 1 2. Actual; Pre- and post judgment interest at the highest rates allowed by law; Attorney’s fees; Costs of Court; and Such other relief, at law or in equity, to which Plaintiff may be justly entitled. David R. Gibson SBN 07861220 1801 N. Hampton Rd. DeSoto, TX 75115 (972) 291-9300 (972) 291-0636 Facsimile COUNSEL FOR PLAINTIFF ORIGINAL PETITION PAGE 3T COVER SHEET eo p4- DALLAS COUNTY CIVIL Me STYLED Chris Green PTR em ey 134g 09 Fry. Robert J. Collins and Robert J. Collins, P.C. os Te AO This Civil Cover Sheet must be completed, filed and served with every petition. The information should be the best available at the time of fling, understanding that the information may change before, Arial. This information does not constitute a discovery request, nse, oF lementation, and is not admissible at trial. Chiéek WW) ail applicable boxes. Plaintiffs) Defendant(s) (list separately) Do Pro Se ‘Address Robert J. Collins Robert J Collins, P.C. Telephone/Fax. E-mail B) Auomey for Plaintiffs) State Bar No. 07861220 Address 1801 N. Hampton Ro., Ste. 270 DeSoto, TX 75115 ‘Telephone/Fax (072) 291-SIOOG72) 231-0636 E-mail my.lawyer@sbeglobai.net PARTIES MUST CHECK ONE CASE TYPE AND MAY CHECK ONE SUB-TOPIC A Administrative Appeal DD Termination O Pari Bill of Review DB Other Employment H Quite Title Certiorari DB Foreclosure Trespass/Try Title Code Violations R736 DE) Other Propeny Condemnation Other than R 736 Prejudgment Remedy Construction Foreign Judgment izuce/Forfeiture Construction Insurance Tax DebvContract Mass TorVMDIL/Rule 11 Tax Appraisal Defamation Asbestos Tax Delinquency Other Commercial Dispute Baycol ‘Tax Land Bank © antitrusvUnfair Comp H Breast Imptant Tax Personal Consumer TPA Firestone CO Tax Real Franchise Phen-Fen Workers Comp Fraud/Misrep Silica Other Intellectual Property Other Multi-Party Non-Competes 0 Motor Vehicle Accident ADDITIONAL SUB-TOPI H Partnership Other Personal Injury Attachment Securities/Stock AssaulvBattery Bill of Discovery Tortuous Interference Product Class Action Other Commercial Premises Declaratory Judgment D. Discipline Other Personal Injury Garnishment CO Discovery (0 Name Change Interpleader Rule 202 Depositions A Post-Judgment License Commissions Professional Liability Mandamus Subpoena Accounting Receiver Letters Rogatory Legal Sequestration Other Discovery Med/Mal Severance D Employment Other Prof. Liab. TRO/Injunction Discrimination DI Property ‘Turnover DD Retaliation DISCOVERY LEVEL Ty bevel 1 FeLbevel2 Ll tevet3 Local Rule 1.08 Certification (Must be completed and signed) This case is not subject to transfer pursuant to Local Rule 1,07. or This case is related to another case filed or disposed of in Dallas County: Coun: Style:ee | ee THE GIBSON LAW GROUP ATTORNEYS AT LAW © 1801 N. HAMPTON RD., STE. 210 Desor texas? S115} 2: 26 my.lawyer@sbeglobal.net, |. Q se - Facsimile (972) 291-0636 ney Telephone (972) 291-9300 December 4, 2009 Via CMRRR 7005 0390 0006 3798 0694 District Clerk 600 Commerce Street ' +H Dallas, Texas 75202 a j ] Re: — Chris Green v. Robert J. Collins and Robert J. Collins, P.C. Dear Clerk: Please file the Original Petition, issue citations for each of the two Defendants, and return a file-stamped copy of the petition to me in the enclosed SASE. My firm’s check in the amount of $263 is enclosed to cover the filing fees. | will arrange for private service of process. Thank you. Very trul. rs, David Yoson cc: Chris Green