On July 09, 2018 a
Order
was filed
involving a dispute between
Merwin, Betty,
Merwin, Lee,
Rushing, Janice,
Rushing, Lige, Jr,
and
Merwin, Betty,
Merwin, Lee,
Rushing, Janice,
Rushing, Lige, Jr.,
for PROPERTY
in the District Court of Dallas County.
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FILED
DALLAS COUNTY
4/18/2019 3:36 PM
FELICIA PITRE
DISTRICT CLERK
CAUSE NO. DC-1 8-08876 Cassandra Walker
LEE MERWIN and BETTY MERWIN § IN THE DISTRICT COURT
Plaintiffs, §
v. §
§ 192ND JUDICIAL DISTRICT
JANICE RUSHING and LIGE §
RUSHING, JR. §
Defendants. § DALLAS COUNTY, TEXAS
MOTION TO MODIFY ORDER GRANTING DEFENDANTS'
MOTION FOR SUMMARY JUDGMENT
T0 THE HONORABLE JUDGE OF SAID COURT:
COME NOW, Lige Rushing Jr., and Janice Rushing, Defendants and file this
Motion to Modify the Order Granting Defendants' Motion for Summary Judgment signed
on March 27, 201 9 and for same show as follows:
1. The Court granted Defendants' Motion for Summary Judgment in all
respects. The Court further stated that it was a final and appealable Judgment
disposing of all claims and all parties.
2. Defendants request the Court modify the Order to state that the Judgment
disposes of the Plaintiffs‘ claims only. The Defendants have filed a counterclaim asking
for an order that the Plaintiffs remove the fence from the Defendants property. The
Motion for Summary Judgment did not specifically state that there was an issue as to
whether fence should be removed by the Plaintiffs; however, in the Prayer, the
Defendants requested an Oder that the fence be removed.
3. The Court should clarify with specific language the extent of the relief that
was granted. The Court should specifically Order the Plaintiffs to remove the fence
from the Defendants' property. If the Court did not intend that the Order grant that relief,
Page 1 of 2
then the Judgment should be amended that it is disposing of Plaintiffs' claims only and
not the Defendants' claims and request for relief being the removal of the fence.
Respectfully submitted,
/s/Robert K. Frisch
Robert K. Frisch
State Bar No. 07480500
15150 Preston Road, Suite 240
Dallas, Texas 75248
(972) 386-3940 (Telephone)
(972) 764-0928 (Facsimile)
rkfrischlaw@msn.com
CERTIFICATE 0F SERVICE
I hereby certify that a true and correct copy of the forgoing has been forwarded
on April 17, 2019 by electronic transmission to:
dminter@uplawtx.com
Darrell D. Minter
Undelwood Perkins, P.C.
Two Lincoln Centre
5420 LBJ Freeway, Suite 1900
Dallas, Texas 75240
972-661-5691 Facsimile
/s/ Robert K. Frisch
Page 2 of 2
Document Filed Date
April 18, 2019
Case Filing Date
July 09, 2018
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FILED DALLAS COUNTY 4/18/2019 3:36 PM FELICIA PITRE DISTRICT CLERK CAUSE NO. DC-1 8-08876 Cassandra Walker LEE MERWIN and BETTY MERWIN § IN THE DISTRICT COURT Plaintiffs, § v. § § 192ND JUDICIAL DISTRICT JANICE RUSHING and LIGE § RUSHING, JR. § Defendants. § DALLAS COUNTY, TEXAS MOTION TO MODIFY ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT T0 THE HONORABLE JUDGE OF SAID COURT: COME NOW, Lige Rushing Jr., and Janice Rushing, Defendants and file this Motion to Modify the Order Granting Defendants' Motion for Summary Judgment signed on March 27, 201 9 and for same show as follows: 1. The Court granted Defendants' Motion for Summary Judgment in all respects. The Court further stated that it was a final and appealable Judgment disposing of all claims and all parties. 2. Defendants request the Court modify the Order to state that the Judgment disposes of the Plaintiffs‘ claims only. The Defendants have filed a counterclaim asking for an order that the Plaintiffs remove the fence from the Defendants property. The Motion for Summary Judgment did not specifically state that there was an issue as to whether fence should be removed by the Plaintiffs; however, in the Prayer, the Defendants requested an Oder that the fence be removed. 3. The Court should clarify with specific language the extent of the relief that was granted. The Court should specifically Order the Plaintiffs to remove the fence from the Defendants' property. If the Court did not intend that the Order grant that relief, Page 1 of 2 then the Judgment should be amended that it is disposing of Plaintiffs' claims only and not the Defendants' claims and request for relief being the removal of the fence. Respectfully submitted, /s/Robert K. Frisch Robert K. Frisch State Bar No. 07480500 15150 Preston Road, Suite 240 Dallas, Texas 75248 (972) 386-3940 (Telephone) (972) 764-0928 (Facsimile) rkfrischlaw@msn.com CERTIFICATE 0F SERVICE I hereby certify that a true and correct copy of the forgoing has been forwarded on April 17, 2019 by electronic transmission to: dminter@uplawtx.com Darrell D. Minter Undelwood Perkins, P.C. Two Lincoln Centre 5420 LBJ Freeway, Suite 1900 Dallas, Texas 75240 972-661-5691 Facsimile /s/ Robert K. Frisch Page 2 of 2