Preview
FILED
DALLAS COUNTY
4/10/2018 12:25 PM
FELICIA PITRE
DISTRICT CLERK
CAUSE NO.
NO. DC-1C
DC-16-11118
-1111H
STROM AVIATION,
AVIATION, INC.,
INC., IN THE DISTRICT COURT OF
IN
Plaintiff
Plaintiff
u
V.
WAYNE ROBINSON;
JEFFREY WAYNE ROBINSON; JOE
ROBINSON; AND AVIATION
WAYNE ROBINSON;
CONSULTING EXPERTS,
EXPERTS, INC.
INC.
Defendants
Defendants mwmmmwmwtmwlmmmtmmtmmmcmmmtm
ROBINSON AIRCRAFT INTERIORS,
INTERIORS, DALLAS COUNTY, TEXAS
COUNTY, TEXAS
INC.,
INC.,
Defendant
Defendant and Third Party
Plaintiff
Plaintiff
v.
V.
DANIEL G.
G. WROLSON
Party Defendant
Third Party 95th JUDICIAL DISTRICT
95th
PARTY DEFENDANT DANIEL G.
THIRD PARTY G. WROLSON'S AMENDED
WROLSON’S FIRST AMENDED
ANSWER TO THIRD PARTY
ANSWER PARTY PETITION
G. Wrolson ("Wrolson")
Third Party Defendant Daniel G. (“Wrolson”) files this First Amended
files this
Answer to Plaintiff Robinson Aircraft Interiors,
t0 the Third Party Petition of Third Party Plaintiff Interiors,
Inc. (“RAI”) and would show as follows:
Inc. ("RAI") follows:
I.
I. GENERAL DENIAL
GENERAI.
Pursuant
Pursuant to Texas Rule of
t0 Texas 0f Civil 92, Wrolson generally denies each and
Civil Procedure g2,
every, singular, the material allegations set
all and singular,
every, all set forth RAI’S Third Party Petition and
forth in RAI's
demands strict proof thereof.
demands strict thereof.
DEFENDANT DANIEL G.
PARTY DEFENDANT
THIRD PARTY WROLSON’S
G. WROLSON'S
AMENDED ANSWER
FIRST AMENDED ANSWER TO THIRD PARTY
PARTY PETITION
PETITION PAGE 1l
PAGE
II.
II. PLEAS
VERIFIED PI.F~.~
Wrolson asserts the following verified
verified denial
denial pursuant
pursuant to TEX‘.R.CIV.P.93:
t0 TEX.R.CIV.P.93~
A. is not liable
A. Wrolson is is sued.
liable in the capacity in which he is sued.
III.
III. AFIRMATIVE DEFENSES
AFIRMATIVE DEFENSES
Pursuant to Rule 94
Pursuant 94 of Texas Rules of Civil
the Texas
0fthe Procedure, Wrolson denies all
Civil Procedure, all of
0f RAI's
RAI’S
claims, asserts that Strom Aviation,
claims, Aviation, Inc.
Inc. ("Strom") has never forgiven RAI's
(“Strom”) has RAI’s debt t0 Strom,
debt to Strom,
affirmative defenses:
and asserts the following affirmative defenses:
1.
1. barred, in whole or in part,
RAYS claims are barred,
RAI's RAI’S prior material breach
part, by RAI's
Agreement, and/or Financial Advisor
Agreement, the Standard Service Agreement,
of the Security Agreement,
I
Agreement.
Agreement.
2.
2. RAI’s claims
RAI's claims are barred,
barred, in Whole 0r in part,
whole or part, by RAI's t0 pay the
RAI’s failure to
debt owed to Strom.
outstanding debt Strom.
3.
3. RAI's
RAI’s claims barred, in Whole
claims are barred, part, by the existence of a written
whole or in part,
contract.
contract.
4.
'4. RAI's
RAI’s claims are barred, in whole or
barred,'in part, by the conduct of RAI
0r in part, RAI (or
(0r those
its behal
acting on its f.
behalf).
5.
5. RAI's
RAI’S claims are barred, whole or in
barred, in Whole ifi part, its own conduct,
part, by its conduct, any harm
to
t0 RAI was caused by the acts of responsible third parties other than Wrolson or Strom.
RAI was Strom.
6.
6. RAI's barred, in whole or
RAI’S claims are barred, 0r in part, waiver.
part, by waiver.
~.
7. RAI's barred, in whole or in part,
RAI’s claims are barred, part, by the doctrine ofjustification
ofjustification
and/or privilege.
privilege.
8.
8. RAI's barred, in Whole
RAI’s claims are barred, whole or
0r in part,
part, by offset.
offset.
V
9.
9. RAI's barred, in Whole
RAI’s claims are barred, part, by doctrine of estoppel.
whole or in part, estoppel.
PARTY DEFENDANT DANIEL G.
THIRD PARTY WROLSON’S
G. WROLSON'S
FIRST AMENDED ANSWER TO THIRD PARTY
AMENDED ANSWER PARTY PETITION PAGE 2
PAGE 2
lo.
10. barred, in
RAI’s claims are barred,
RAI's in Whole 0r in part,
whole or failure of condition
part, by failure
precedent.
precedent.
11.
11. barred, in whole or
RAI’s claims are barred,
RAI's part, by failure
0r in part, 0f consideration.
failure of consideration.
12.
12. RAI’s claims are barred,
RAI's whole or
barred, in Whole 0r in part, by statute offrauds.
in part, frauds.
13.
13. RAI’s claims are barred,
RAI's barred, in Whole
whole or part, by the parol evidence rule.
0r in part, rule.
14.
14. RAI’s claims are barred,
RAI's whole or
barred, in Whole part, by ratification.
0r in part, ratification.
15.
15. RAI's part, by acquiescence.
barred, in whole or in part,
RAI’s claims are barred, acquiescence.
16.
16. RAI’s claims are barred,
RAI's barred, in Whole part, by consent.
whole or in part, consent.
1~.
17. RAI’S claims are barred in,
RAI's in, whole or part, by the corporate shield
01; in part,
doctrine.
doctrine.
18.
18. RAI’s claims are barred in,
RAI's in, Whole part, because RAI
whole or in part, failed to mitigate
RAI failed
its
its damages,
damages, if
if any.
any.
19.
19. RAI's for exemplary
RAI’s claims lack requisite scienter to support a claim for
damages.
damages.
20.
20. RAI’s claim for attorney's
RAI's is barred by its
attorney’s fees is its failure t6 make a proper
failure to proper
presentment its claim to Wrolson.
presentment of its Wrolson.
N.
IV. PRAYER FOR RELIEF
CONCLUSION AND PRAYER
WHEREFORE, Third Party
WHEREFORE, Defendant Wrolson prays that Third Party Plaintiff
Party Defendant Plaintiff
RAI take nothing by way of
RAI 0f its herein; that Wrolson be awarded his court costs,
its claims herein; costs,
attorney's fees, and other expenses incurred in defending against
attorney’s fees, RAI’S claims in this
against RAI's this
'
all such other and further relief
action; and that Wrolson be awarded all
action; which he maybe
relief to Which may be
justly
justly entitled.
entitled.
PARTY DEFENDANT DANIEL
THIRD PARTY DANIEL G. WROLSON’S
G. WROLSON'S
FIRST AMENDED ANSWER TO THIRD PARTY
AMENDED ANSWER PARTY PETITION PAGE 3
PAGE 3
Respectfully submitted,
submitted,
MARIS & LANIER,
MARIS & P.C
LANIER, P.0
/s/
/s/ Robert F.
F. Maris
Maris
Robert F.
Robert F. Maris
Maris
State Bar No.
No. 12986300
12986300
rmaris @marislanier.com
rmaris@marislanier.com
Alise N.
N. Abel
Abel
State Bar No.
No. 24082596
24082596
aabel @marislanier.com
aabel@maris1anier.com
3710
3710 Rawlins
Rawlins Street,
Street, Suite 1550
1550
Dallas,
Dallas, Texas
Texas’ 75218
75219
214-X06-092o
214—706—0920 telephone
214—706—0921 facsimile
21q.-~06-0921 facsimile
ATTORNEYS FOR THIRD-PARTY
ATTORNEYS
DEFENDANT DANIEL G.
G.
WROLSON
WROLSON
SERVICE
CERTIFICATE OF SERVICE
II hereby certify
certify that on the April lo, 2018 a true and correct copy of the foregoing
10, 2018 foregoing
document
document was counsel of record listed below in accordance with the Texas
was served upon counsel
Rules of Civil
Civil Procedure:
Procedure:
Carolyn Raines
State Bar No.
No. 00~8~852
00787852
CRaines @GodwinLaw.com
CRaines@GodWinLaW.com
GODVVIN BOWMAN &
GODWIN & MARTINEZ
MARTINEZ
1201 Elm Street
1201 Street Suite 100
1700
Dallas,
Dallas, Texas
Texas 7520
75270
(214) 939-4452
(214) 939-445 2— —Telephone
Telephone
(214)
(214) X60- — Facsimile
332 —Facsimile
760—7332
DEFENDANTS
ATTORNEY FOR DEFENDANTS
ROBINSON AIRCRAFT
ROSINSON
INTERIORS, INC.,
INTERIORS, AVIATION]
INC., AVIATION,
EXPERTS, JEFFREY
CONSULTING EXPERTS,
WAYNE ROBINSON,
WAYNE AND JOE
ROBINSON, AND
WAYNE ROBINSON.
WAYNE ROBINSON.
/s/ Robert
/s/ F. Maris
Robert VF. Maris
Robert F.1VIaris
F. Maris
DEFENDANT DANIEL G.
PARTY DEFENDANT
THIRD PARTY WROLSON’S
G. WROLSON'S
AMENDED ANSWER
FIRST AMENDED ANSWER TO THIRD PARTY
PARTY PETITION
PETITION PAGE 44
PAGE
VERIFICATION
TEXAS
STATE OF TEXAS ~*
COUNTY OF DALLAS
DALLAS *
BEFORE ME, ME, the undersigned authority,
authority, a notary public in and for the
aforementioned state and county,
county, on this
this day personally appeared Daniel G. G. Wrolson,
Wrolson,
known to me to be the person whose name is hereto, Who
is subscribed hereto, who being by me first
first duly
sworn upon oath,
oath, states as follows:
follows:
"My name is
"My is Daniel
Daniel G.
G. Wrolson.
Wrolson. I
I am over the age of 0f eighteen (18) years, have
(18) years,
personal knowledge of,of, and am competent and authorized to testify
testify to the facts set
s'et forth
herein in the above entitled and numbered cause.
cause. I
I have read the above and foregoing
answer and certify
certify that such statements
statements in pax
par graph re tt ue
ue‘ d correct."
correct."
’
AFFIANT SAYETH NOT.
FURTHER AFFII~NT NOT.
Daniel
K
@W
G. Wrolson
DaniellG.
~~~
SWORN TO before me on thee_
SUBSCRIBED AND SWORN the day of April,
April, 2018.
2018.
My Commission Expires:
Expires:
%mh
l
\MLH/kaz (?5
~
‘
DALRI
NDALF“ f ~.~ ~, ~~
NE DOMA
~, piAN~N State of e6s
of Tegas
.,,o~raY,Pu9;
, ,, ~pjary public,
Nam)! Pub\)c, State
197Al2-
;'=i ~~'}~ -~ commlssmn !t Expires
Commission V
;.N~ ;=, t~,y Commission
Commissmn EX "es ~ .
My 11,2018
November 11, 2egg
November Nota~'Public
Notary Pubhc in
1n and for
for fihe
the State of Texas
'''••geoF~~~°~
PARTY DEFENDANT DANIEL G.
THIRD PARTY WROLSON’S
G. WROLSON'5
AMENDED.ANSWER
FIRST AMENDED ANSWER TO THIRD PARTY
PARTY PETITION PAGE 5
PAGE 5
Preview
FILED DALLAS COUNTY 4/10/2018 12:25 PM FELICIA PITRE DISTRICT CLERK CAUSE NO. NO. DC-1C DC-16-11118 -1111H STROM AVIATION, AVIATION, INC., INC., IN THE DISTRICT COURT OF IN Plaintiff Plaintiff u V. WAYNE ROBINSON; JEFFREY WAYNE ROBINSON; JOE ROBINSON; AND AVIATION WAYNE ROBINSON; CONSULTING EXPERTS, EXPERTS, INC. INC. Defendants Defendants mwmmmwmwtmwlmmmtmmtmmmcmmmtm ROBINSON AIRCRAFT INTERIORS, INTERIORS, DALLAS COUNTY, TEXAS COUNTY, TEXAS INC., INC., Defendant Defendant and Third Party Plaintiff Plaintiff v. V. DANIEL G. G. WROLSON Party Defendant Third Party 95th JUDICIAL DISTRICT 95th PARTY DEFENDANT DANIEL G. THIRD PARTY G. WROLSON'S AMENDED WROLSON’S FIRST AMENDED ANSWER TO THIRD PARTY ANSWER PARTY PETITION G. Wrolson ("Wrolson") Third Party Defendant Daniel G. (“Wrolson”) files this First Amended files this Answer to Plaintiff Robinson Aircraft Interiors, t0 the Third Party Petition of Third Party Plaintiff Interiors, Inc. (“RAI”) and would show as follows: Inc. ("RAI") follows: I. I. GENERAL DENIAL GENERAI. Pursuant Pursuant to Texas Rule of t0 Texas 0f Civil 92, Wrolson generally denies each and Civil Procedure g2, every, singular, the material allegations set all and singular, every, all set forth RAI’S Third Party Petition and forth in RAI's demands strict proof thereof. demands strict thereof. DEFENDANT DANIEL G. PARTY DEFENDANT THIRD PARTY WROLSON’S G. WROLSON'S AMENDED ANSWER FIRST AMENDED ANSWER TO THIRD PARTY PARTY PETITION PETITION PAGE 1l PAGE II. II. PLEAS VERIFIED PI.F~.~ Wrolson asserts the following verified verified denial denial pursuant pursuant to TEX‘.R.CIV.P.93: t0 TEX.R.CIV.P.93~ A. is not liable A. Wrolson is is sued. liable in the capacity in which he is sued. III. III. AFIRMATIVE DEFENSES AFIRMATIVE DEFENSES Pursuant to Rule 94 Pursuant 94 of Texas Rules of Civil the Texas 0fthe Procedure, Wrolson denies all Civil Procedure, all of 0f RAI's RAI’S claims, asserts that Strom Aviation, claims, Aviation, Inc. Inc. ("Strom") has never forgiven RAI's (“Strom”) has RAI’s debt t0 Strom, debt to Strom, affirmative defenses: and asserts the following affirmative defenses: 1. 1. barred, in whole or in part, RAYS claims are barred, RAI's RAI’S prior material breach part, by RAI's Agreement, and/or Financial Advisor Agreement, the Standard Service Agreement, of the Security Agreement, I Agreement. Agreement. 2. 2. RAI’s claims RAI's claims are barred, barred, in Whole 0r in part, whole or part, by RAI's t0 pay the RAI’s failure to debt owed to Strom. outstanding debt Strom. 3. 3. RAI's RAI’s claims barred, in Whole claims are barred, part, by the existence of a written whole or in part, contract. contract. 4. '4. RAI's RAI’s claims are barred, in whole or barred,'in part, by the conduct of RAI 0r in part, RAI (or (0r those its behal acting on its f. behalf). 5. 5. RAI's RAI’S claims are barred, whole or in barred, in Whole ifi part, its own conduct, part, by its conduct, any harm to t0 RAI was caused by the acts of responsible third parties other than Wrolson or Strom. RAI was Strom. 6. 6. RAI's barred, in whole or RAI’S claims are barred, 0r in part, waiver. part, by waiver. ~. 7. RAI's barred, in whole or in part, RAI’s claims are barred, part, by the doctrine ofjustification ofjustification and/or privilege. privilege. 8. 8. RAI's barred, in Whole RAI’s claims are barred, whole or 0r in part, part, by offset. offset. V 9. 9. RAI's barred, in Whole RAI’s claims are barred, part, by doctrine of estoppel. whole or in part, estoppel. PARTY DEFENDANT DANIEL G. THIRD PARTY WROLSON’S G. WROLSON'S FIRST AMENDED ANSWER TO THIRD PARTY AMENDED ANSWER PARTY PETITION PAGE 2 PAGE 2 lo. 10. barred, in RAI’s claims are barred, RAI's in Whole 0r in part, whole or failure of condition part, by failure precedent. precedent. 11. 11. barred, in whole or RAI’s claims are barred, RAI's part, by failure 0r in part, 0f consideration. failure of consideration. 12. 12. RAI’s claims are barred, RAI's whole or barred, in Whole 0r in part, by statute offrauds. in part, frauds. 13. 13. RAI’s claims are barred, RAI's barred, in Whole whole or part, by the parol evidence rule. 0r in part, rule. 14. 14. RAI’s claims are barred, RAI's whole or barred, in Whole part, by ratification. 0r in part, ratification. 15. 15. RAI's part, by acquiescence. barred, in whole or in part, RAI’s claims are barred, acquiescence. 16. 16. RAI’s claims are barred, RAI's barred, in Whole part, by consent. whole or in part, consent. 1~. 17. RAI’S claims are barred in, RAI's in, whole or part, by the corporate shield 01; in part, doctrine. doctrine. 18. 18. RAI’s claims are barred in, RAI's in, Whole part, because RAI whole or in part, failed to mitigate RAI failed its its damages, damages, if if any. any. 19. 19. RAI's for exemplary RAI’s claims lack requisite scienter to support a claim for damages. damages. 20. 20. RAI’s claim for attorney's RAI's is barred by its attorney’s fees is its failure t6 make a proper failure to proper presentment its claim to Wrolson. presentment of its Wrolson. N. IV. PRAYER FOR RELIEF CONCLUSION AND PRAYER WHEREFORE, Third Party WHEREFORE, Defendant Wrolson prays that Third Party Plaintiff Party Defendant Plaintiff RAI take nothing by way of RAI 0f its herein; that Wrolson be awarded his court costs, its claims herein; costs, attorney's fees, and other expenses incurred in defending against attorney’s fees, RAI’S claims in this against RAI's this ' all such other and further relief action; and that Wrolson be awarded all action; which he maybe relief to Which may be justly justly entitled. entitled. PARTY DEFENDANT DANIEL THIRD PARTY DANIEL G. WROLSON’S G. WROLSON'S FIRST AMENDED ANSWER TO THIRD PARTY AMENDED ANSWER PARTY PETITION PAGE 3 PAGE 3 Respectfully submitted, submitted, MARIS & LANIER, MARIS & P.C LANIER, P.0 /s/ /s/ Robert F. F. Maris Maris Robert F. Robert F. Maris Maris State Bar No. No. 12986300 12986300 rmaris @marislanier.com rmaris@marislanier.com Alise N. N. Abel Abel State Bar No. No. 24082596 24082596 aabel @marislanier.com aabel@maris1anier.com 3710 3710 Rawlins Rawlins Street, Street, Suite 1550 1550 Dallas, Dallas, Texas Texas’ 75218 75219 214-X06-092o 214—706—0920 telephone 214—706—0921 facsimile 21q.-~06-0921 facsimile ATTORNEYS FOR THIRD-PARTY ATTORNEYS DEFENDANT DANIEL G. G. WROLSON WROLSON SERVICE CERTIFICATE OF SERVICE II hereby certify certify that on the April lo, 2018 a true and correct copy of the foregoing 10, 2018 foregoing document document was counsel of record listed below in accordance with the Texas was served upon counsel Rules of Civil Civil Procedure: Procedure: Carolyn Raines State Bar No. No. 00~8~852 00787852 CRaines @GodwinLaw.com CRaines@GodWinLaW.com GODVVIN BOWMAN & GODWIN & MARTINEZ MARTINEZ 1201 Elm Street 1201 Street Suite 100 1700 Dallas, Dallas, Texas Texas 7520 75270 (214) 939-4452 (214) 939-445 2— —Telephone Telephone (214) (214) X60- — Facsimile 332 —Facsimile 760—7332 DEFENDANTS ATTORNEY FOR DEFENDANTS ROBINSON AIRCRAFT ROSINSON INTERIORS, INC., INTERIORS, AVIATION] INC., AVIATION, EXPERTS, JEFFREY CONSULTING EXPERTS, WAYNE ROBINSON, WAYNE AND JOE ROBINSON, AND WAYNE ROBINSON. WAYNE ROBINSON. /s/ Robert /s/ F. Maris Robert VF. Maris Robert F.1VIaris F. Maris DEFENDANT DANIEL G. PARTY DEFENDANT THIRD PARTY WROLSON’S G. WROLSON'S AMENDED ANSWER FIRST AMENDED ANSWER TO THIRD PARTY PARTY PETITION PETITION PAGE 44 PAGE VERIFICATION TEXAS STATE OF TEXAS ~* COUNTY OF DALLAS DALLAS * BEFORE ME, ME, the undersigned authority, authority, a notary public in and for the aforementioned state and county, county, on this this day personally appeared Daniel G. G. Wrolson, Wrolson, known to me to be the person whose name is hereto, Who is subscribed hereto, who being by me first first duly sworn upon oath, oath, states as follows: follows: "My name is "My is Daniel Daniel G. G. Wrolson. Wrolson. I I am over the age of 0f eighteen (18) years, have (18) years, personal knowledge of,of, and am competent and authorized to testify testify to the facts set s'et forth herein in the above entitled and numbered cause. cause. I I have read the above and foregoing answer and certify certify that such statements statements in pax par graph re tt ue ue‘ d correct." correct." ’ AFFIANT SAYETH NOT. FURTHER AFFII~NT NOT. Daniel K @W G. Wrolson DaniellG. ~~~ SWORN TO before me on thee_ SUBSCRIBED AND SWORN the day of April, April, 2018. 2018. My Commission Expires: Expires: %mh l \MLH/kaz (?5 ~ ‘ DALRI NDALF“ f ~.~ ~, ~~ NE DOMA ~, piAN~N State of e6s of Tegas .,,o~raY,Pu9; , ,, ~pjary public, Nam)! Pub\)c, State 197Al2- ;'=i ~~'}~ -~ commlssmn !t Expires Commission V ;.N~ ;=, t~,y Commission Commissmn EX "es ~ . My 11,2018 November 11, 2egg November Nota~'Public Notary Pubhc in 1n and for for fihe the State of Texas '''••geoF~~~°~ PARTY DEFENDANT DANIEL G. THIRD PARTY WROLSON’S G. WROLSON'5 AMENDED.ANSWER FIRST AMENDED ANSWER TO THIRD PARTY PARTY PETITION PAGE 5 PAGE 5