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12/5106
Filed in The District Court
of Travis County, Texas
Nov 27 2008 ©
NO. FMS08208 a 53g oy,
Anata Rodiguae wdaoua, ek
IN THE MATTER OF IN THE DISTRICT COURT
THE MARRIAGE OF
JAMES EDSEL RISINGER II
AND
NENA MARIBEL MARIN
353RD JUDICIAL DISTRICT
AND IN THE INTEREST OF
ALEXANDRIA MARIE RISINGER
AND
JAMES EDSEL RISINGER, Il,
CHILDREN
TRAVIS COUNTY, TEXAS
LN LN MN LN LP LN UN EP UO
SPECIAL EXCEPTIONS AND
MOTION TO STRIKE EVIDENTIARY FACTS FROM PLEADINGS
James Edsel Risinger Il, Petitioner, specially excepts and objects to the following sections the
introduction on page 1, section 8, section 11.1, section 13.4, section 13.5, section 13.6, section 13.7,
section 13.8, section 13.9, section 13.10, section 13.11, section 13.12, section 13.13, section 13.14,
section 13.15, section 13.16, section 13.17, section 13.18, section 13.19, section 13.20, section 14.1
(23),(29),(32),(33), section 16.1 (1), (3), section 17.0, section 22.1A section 22.2. section 22.3,
section 24, section 25, section 26, section 26, section 27, section 28, section 29, section 30.1, section
31.1, section 32.1, section 33.2, section 34.1, section 35.1, section 36.1, section 37.1, section 38,
section 39. le, section 39.1f, section 39.1g, section 39.1h of the Respondent’s General Denial, and
Second Amended Counterpetition for Divorce and Amended Third Party Action on the following
basis:
The above pleadings have factual allegations which are unsubstantiated. There is no basis on
law or fact certain claims asserted above.
Additionally, Petitioner would ask this court for sanctions under Rule 13 TRCP. Under such
nL12/5106,
tule, a signature of the attorney constitutes a certificate by them that they have read the pleading,
motion or other paper: that to the best of their knowledge, information and belief formed after
reasonable inquiry the instrument is not groundless and brought in bad faith or groundless and
brought for the purpose of harassment. Petitioner would state that there is no basis in fact or law
and/or legally defensible claims for many assertions in the amended Counterpetition. Petitioner
would pray that all available sanctions under Rule 215-2b be imposed on the person who signed it,
i.e. John Nichols and/or Dexter Gilford or the represented party, Nena Marin, or all.
James Edsel Risinger II requests that the Court enter an order striking that portion of Nena
Maribel Marin's pleadings and ordering Respondent to replead within a reasonable time in
conformity with the Court's ruling.
Respectfully submitted,
Kathryn Figueredo Fowler
3000 Joe DiMaggio Blvd., Suite 4
Round Rock, Texas 78664
(512) 218-1536
(512) 218-1932
By:
Kathryn Figue Fowler
State Bar No. 06983700
Attorney for James Edsel Risinger II
Notice of Hearing
The above motion is set for hearing on December 11, 2006 at 8:30 a .m. in the presiding
master’s courtroom.12/5106
Certificate of Service
I certify that a true copy of the above was served on each attorney of record or party in
accordance with the Texas Rules of Civil Procedure on 11-27-06.
Kathryn. Figuerégo Fowler
Attorney for James Edsel Risinger II
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12/5106 Filed in The District Court of Travis County, Texas Nov 27 2008 © NO. FMS08208 a 53g oy, Anata Rodiguae wdaoua, ek IN THE MATTER OF IN THE DISTRICT COURT THE MARRIAGE OF JAMES EDSEL RISINGER II AND NENA MARIBEL MARIN 353RD JUDICIAL DISTRICT AND IN THE INTEREST OF ALEXANDRIA MARIE RISINGER AND JAMES EDSEL RISINGER, Il, CHILDREN TRAVIS COUNTY, TEXAS LN LN MN LN LP LN UN EP UO SPECIAL EXCEPTIONS AND MOTION TO STRIKE EVIDENTIARY FACTS FROM PLEADINGS James Edsel Risinger Il, Petitioner, specially excepts and objects to the following sections the introduction on page 1, section 8, section 11.1, section 13.4, section 13.5, section 13.6, section 13.7, section 13.8, section 13.9, section 13.10, section 13.11, section 13.12, section 13.13, section 13.14, section 13.15, section 13.16, section 13.17, section 13.18, section 13.19, section 13.20, section 14.1 (23),(29),(32),(33), section 16.1 (1), (3), section 17.0, section 22.1A section 22.2. section 22.3, section 24, section 25, section 26, section 26, section 27, section 28, section 29, section 30.1, section 31.1, section 32.1, section 33.2, section 34.1, section 35.1, section 36.1, section 37.1, section 38, section 39. le, section 39.1f, section 39.1g, section 39.1h of the Respondent’s General Denial, and Second Amended Counterpetition for Divorce and Amended Third Party Action on the following basis: The above pleadings have factual allegations which are unsubstantiated. There is no basis on law or fact certain claims asserted above. Additionally, Petitioner would ask this court for sanctions under Rule 13 TRCP. Under such nL12/5106, tule, a signature of the attorney constitutes a certificate by them that they have read the pleading, motion or other paper: that to the best of their knowledge, information and belief formed after reasonable inquiry the instrument is not groundless and brought in bad faith or groundless and brought for the purpose of harassment. Petitioner would state that there is no basis in fact or law and/or legally defensible claims for many assertions in the amended Counterpetition. Petitioner would pray that all available sanctions under Rule 215-2b be imposed on the person who signed it, i.e. John Nichols and/or Dexter Gilford or the represented party, Nena Marin, or all. James Edsel Risinger II requests that the Court enter an order striking that portion of Nena Maribel Marin's pleadings and ordering Respondent to replead within a reasonable time in conformity with the Court's ruling. Respectfully submitted, Kathryn Figueredo Fowler 3000 Joe DiMaggio Blvd., Suite 4 Round Rock, Texas 78664 (512) 218-1536 (512) 218-1932 By: Kathryn Figue Fowler State Bar No. 06983700 Attorney for James Edsel Risinger II Notice of Hearing The above motion is set for hearing on December 11, 2006 at 8:30 a .m. in the presiding master’s courtroom.12/5106 Certificate of Service I certify that a true copy of the above was served on each attorney of record or party in accordance with the Texas Rules of Civil Procedure on 11-27-06. Kathryn. Figuerégo Fowler Attorney for James Edsel Risinger II