On April 30, 2019 a
Answer
was filed
involving a dispute between
Dallas County Hospital District,
and
Cherokee Insurance Company,
for CNTR CNSMR COM DEBT
in the District Court of Dallas County.
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FILED
DALLAS COUNTY
6/5/2019 1:35 PM
FELICIA PITRE
DISTRICT CLERK
Treva Parker-Ayodele
CAUSE NO. DC-19-06151
DALLAS COUNTY HOSPITAL § IN THE DISTRICT COURT
d/b/a PARKLAND HEALTH
DISTRICT d/b/a §
&
8: HOSPITAL SYSTEM, §
§
Plaintiff,
Plaintifi; §
§
v.
v. §
unmtmcmmtmmtmwmmcm
193RD
193KB DISTRICT COURT
§
CHEROKEE INSURANCE COMPANY §
and COMERICA BANK, §
§
Defendants.
Defendants. § DALLAS COUNTY, TEXAS
BANK’S ORIGINAL ANSWER
COMERICA BANK'S
COMES NOW Comerica
Comerica Bank, and files
Bank, and its Original
files its Answer, and
Original Answer, and in
in support
support thereof
thereof
would respectfully
respectfully show this
this Court the
the following:
following:
ANSWER
1.
1. Pursuant to
Pursuant Rule 92
to Rule 92 of the
the Texas
Texas Rules
Rules of
0f Civil
Civil Procedure,
Procedure, Comerica Bank
generally denies each
generally denies each and every,
every, all
all and singular, the allegations
singular, the contained in
allegations contained in Plaintiffs
Plaintiff’s Original
Original
Petition
Petition and
and demands strict proof thereof.
strict proof thereof.
2.
2. Comerica Bank asserts
Comerica that Plaintiffs
asserts that Plaintiff’s claims
claims against
against Comerica Bank are
are barred
barred
by the
by the three-year
three-year statute
statute of
of limitations under Texas Business
limitations under Business and Commerce Code §
§ 3.
3 l1 18(g).
.1 8(g).
3.
3. Comerica Bank further
further asserts that defense
asserts that defense of
of waiver.
waiver.
4.
4. Comerica Bank further
further asserts that defense
assefis that defense of
of estoppel.
estoppel.
5.
5. Comerica Bank further
further asserts
asserts that Plaintiff has
that Plaintiff has failed to mitigate
failed to mitigate its
its alleged
alleged
damages.
damages.
WHEREFORE, PREMISES CONSIDERED, Comerica prays that
Comerica Bank prays that Plaintiff
Plaintiff Dallas
Dallas
County
County Hospital District d/b/a
Hospital District d/b/a Parkland Health & Hospital
Parkland Health Hospital System take nothing
System take by way
nothing by way of its
of its
BANK’S ORIGINAL ANSWER -— Page
COMERICA BANK'S Page 1l
491611
49161]
claims, and that Comerica Bank go hence without day, and have such other and further relief,
both general and special, either in law or in equity to which it may be justly entitled.
Respectfully submitted,
VINCENT SERAFINO GEARY
By: M
WADDELL JENEVEIN, P.C.
Scott E.
74"?
Hayes
State Bar No. 09280050
shayes@vin1aw.com
Victor C. Serafino
State Bar No. 18032050
cserafino@vin1aw.com
1601 Elm Street, Suite 4100
Dallas, Texas 75201
T: (214) 979-7400 F: (214) 979-7402
ATTORNEYS FOR COMERICA BANK
CERTIFICATE OF SERVICE
A
record 0n this
true
the F
and correct copy of the foregoing has been forwarded
day of June, 2019 by e-service to:
t0 the following counsel of
Douglas Turek
The Turek Law Firm, PC
25227 Grogans Mill Road, Suite 100A
The Woodlands, TX 77380
dturek@tureklawfirm.com
P. Marcus White
Whitehurst& Cawley, L.L.P.
16300 Addison Road, Suite 100
Addison, TX 75001
mwhite@whitehurstlaw.com
MVQ
Scott H'ayes
COMERICA BANK’S ORIGINAL ANSWER — Page 2
491611
Document Filed Date
June 05, 2019
Case Filing Date
April 30, 2019
Category
CNTR CNSMR COM DEBT
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FILED DALLAS COUNTY 6/5/2019 1:35 PM FELICIA PITRE DISTRICT CLERK Treva Parker-Ayodele CAUSE NO. DC-19-06151 DALLAS COUNTY HOSPITAL § IN THE DISTRICT COURT d/b/a PARKLAND HEALTH DISTRICT d/b/a § & 8: HOSPITAL SYSTEM, § § Plaintiff, Plaintifi; § § v. v. § unmtmcmmtmmtmwmmcm 193RD 193KB DISTRICT COURT § CHEROKEE INSURANCE COMPANY § and COMERICA BANK, § § Defendants. Defendants. § DALLAS COUNTY, TEXAS BANK’S ORIGINAL ANSWER COMERICA BANK'S COMES NOW Comerica Comerica Bank, and files Bank, and its Original files its Answer, and Original Answer, and in in support support thereof thereof would respectfully respectfully show this this Court the the following: following: ANSWER 1. 1. Pursuant to Pursuant Rule 92 to Rule 92 of the the Texas Texas Rules Rules of 0f Civil Civil Procedure, Procedure, Comerica Bank generally denies each generally denies each and every, every, all all and singular, the allegations singular, the contained in allegations contained in Plaintiffs Plaintiff’s Original Original Petition Petition and and demands strict proof thereof. strict proof thereof. 2. 2. Comerica Bank asserts Comerica that Plaintiffs asserts that Plaintiff’s claims claims against against Comerica Bank are are barred barred by the by the three-year three-year statute statute of of limitations under Texas Business limitations under Business and Commerce Code § § 3. 3 l1 18(g). .1 8(g). 3. 3. Comerica Bank further further asserts that defense asserts that defense of of waiver. waiver. 4. 4. Comerica Bank further further asserts that defense assefis that defense of of estoppel. estoppel. 5. 5. Comerica Bank further further asserts asserts that Plaintiff has that Plaintiff has failed to mitigate failed to mitigate its its alleged alleged damages. damages. WHEREFORE, PREMISES CONSIDERED, Comerica prays that Comerica Bank prays that Plaintiff Plaintiff Dallas Dallas County County Hospital District d/b/a Hospital District d/b/a Parkland Health & Hospital Parkland Health Hospital System take nothing System take by way nothing by way of its of its BANK’S ORIGINAL ANSWER -— Page COMERICA BANK'S Page 1l 491611 49161] claims, and that Comerica Bank go hence without day, and have such other and further relief, both general and special, either in law or in equity to which it may be justly entitled. Respectfully submitted, VINCENT SERAFINO GEARY By: M WADDELL JENEVEIN, P.C. Scott E. 74"? Hayes State Bar No. 09280050 shayes@vin1aw.com Victor C. Serafino State Bar No. 18032050 cserafino@vin1aw.com 1601 Elm Street, Suite 4100 Dallas, Texas 75201 T: (214) 979-7400 F: (214) 979-7402 ATTORNEYS FOR COMERICA BANK CERTIFICATE OF SERVICE A record 0n this true the F and correct copy of the foregoing has been forwarded day of June, 2019 by e-service to: t0 the following counsel of Douglas Turek The Turek Law Firm, PC 25227 Grogans Mill Road, Suite 100A The Woodlands, TX 77380 dturek@tureklawfirm.com P. Marcus White Whitehurst& Cawley, L.L.P. 16300 Addison Road, Suite 100 Addison, TX 75001 mwhite@whitehurstlaw.com MVQ Scott H'ayes COMERICA BANK’S ORIGINAL ANSWER — Page 2 491611