On December 27, 2018 a
Order Granting Defendant's Special Exceptions to Plaintiff's Original Petition - Signed Order
was filed
involving a dispute between
Vinet, Terra,
and
Mckenzie, Colin Donald,
Mckenzie, Louise Margaret,
for Inj/Damage-Other Injury or Damage >$200,000
in the District Court of Montgomery County.
Preview
Received and E-Filed for Record
5/13/2019 5:24 PM
Melisa Miller, District Clerk
Montgomery County, Texas
Deputy Clerk, Megan Shiflett
CAUSE NO. 18-12-16948
TERRA VINET § IN THE DISTRICT COURT OF
Plaintiff, §
§
vs. § MONTGOMERY COUNTY, TEXAS
§
LOUISE MARGARET MCKENZIE §
AND COLIN DONALD MCKENZIE §
Defendants. § 284th JUDICIAL DISTRICT
ORDER GRANTING DEFENDANTS’ SPECIAL EXCEPTIONS
TO PLAINTIFF’S ORIGINAL PETITION
On this day came to be heard, Defendants’ Special Exceptions to Plaintiff’s Original
Petition. The Court, after considering same, is of the option that Defendants’ special exceptions
to Plaintiff’s Original Petition are meritorious and should be SUSTAINED as indicated below.
Special Exception No. 1
Defendants’ Special Exception No. 1 is SUSTAINED ______ OVERRULED _______.
Plaintiff is ORDERED to amend her pleadings to specifically identify the maximum
amount of damages claimed by Plaintiff for each separately identified cause of action and the sum
of all Plaintiff’s causes of action.
Special Exception No. 2
Defendants’ Special Exception No. 2 is SUSTAINED ______ OVERRULED _______.
Plaintiff is ORDERED to amend her pleadings to specifically identify the legal authority
for Plaintiff’s request for attorney’s fees.
Special Exception No. 3
Defendants’ Special Exception No. 3 is SUSTAINED ______ OVERRULED _______.
Plaintiff is ORDERED to amend her pleadings to specifically identify each cause of action
asserted against Defendants and the relief sought based on each specifically identified cause of
action.
Special Exception No. 4
Defendants’ Special Exception No. 4 is SUSTAINED ______ OVERRULED _______.
Plaintiff is ORDERED to amend her pleadings to specifically identify each element of
every cause of action pleaded by Plaintiff.
Special Exception No. 5
Defendants’ Special Exception No. 5 is SUSTAINED ______ OVERRULED _______.
Plaintiff is ORDERED to amend her pleadings to specifically identify the cause(s) of action
upon which Plaintiff bases her request for recoverable damages, actual damages, and additional
damages.
FURTHER, the Court ORDERS Plaintiff, TERRA VINET, to amend her pleadings and
cure the defects identified by the special exceptions above and sustained by the Court in this Order.
If Plaintiff, TERRA VINET, does not amend her pleadings and cure the defects ruled upon in this
June 21
Order by ____________________________, 2019, the Court automatically strikes each defective
paragraph without the necessity of further Order by this Court.
Signed: 5/31/2019 02:46 PM
SIGNED: _____________________________, 2019.
____________________________________
PRESIDING JUDGE
APPROVED:
THE WEAVER LAW FIRM
/s/ Richard D. Weaver
Richard D. Weaver
Texas Bar No. 24047083
rweaver@weaverlawyers.com
Philip K. Broderick
Texas Bar No. 24094561
pbroderick@weaverlawyers.com
1800 Bering Drive, Suite 1050
Houston, Texas 77057
(713) 572-4900 (Telephone)
(713) 513-5566 (Facsimile)
ATTORNEYS FOR DEFENDANTS,
LOUISE MARGARET MCKENZIE
And COLIN DONALD MCKENZIE
Document Filed Date
May 31, 2019
Case Filing Date
December 27, 2018
Category
Inj/Damage-Other Injury or Damage >$200,000
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Received and E-Filed for Record 5/13/2019 5:24 PM Melisa Miller, District Clerk Montgomery County, Texas Deputy Clerk, Megan Shiflett CAUSE NO. 18-12-16948 TERRA VINET § IN THE DISTRICT COURT OF Plaintiff, § § vs. § MONTGOMERY COUNTY, TEXAS § LOUISE MARGARET MCKENZIE § AND COLIN DONALD MCKENZIE § Defendants. § 284th JUDICIAL DISTRICT ORDER GRANTING DEFENDANTS’ SPECIAL EXCEPTIONS TO PLAINTIFF’S ORIGINAL PETITION On this day came to be heard, Defendants’ Special Exceptions to Plaintiff’s Original Petition. The Court, after considering same, is of the option that Defendants’ special exceptions to Plaintiff’s Original Petition are meritorious and should be SUSTAINED as indicated below. Special Exception No. 1 Defendants’ Special Exception No. 1 is SUSTAINED ______ OVERRULED _______. Plaintiff is ORDERED to amend her pleadings to specifically identify the maximum amount of damages claimed by Plaintiff for each separately identified cause of action and the sum of all Plaintiff’s causes of action. Special Exception No. 2 Defendants’ Special Exception No. 2 is SUSTAINED ______ OVERRULED _______. Plaintiff is ORDERED to amend her pleadings to specifically identify the legal authority for Plaintiff’s request for attorney’s fees. Special Exception No. 3 Defendants’ Special Exception No. 3 is SUSTAINED ______ OVERRULED _______. Plaintiff is ORDERED to amend her pleadings to specifically identify each cause of action asserted against Defendants and the relief sought based on each specifically identified cause of action. Special Exception No. 4 Defendants’ Special Exception No. 4 is SUSTAINED ______ OVERRULED _______. Plaintiff is ORDERED to amend her pleadings to specifically identify each element of every cause of action pleaded by Plaintiff. Special Exception No. 5 Defendants’ Special Exception No. 5 is SUSTAINED ______ OVERRULED _______. Plaintiff is ORDERED to amend her pleadings to specifically identify the cause(s) of action upon which Plaintiff bases her request for recoverable damages, actual damages, and additional damages. FURTHER, the Court ORDERS Plaintiff, TERRA VINET, to amend her pleadings and cure the defects identified by the special exceptions above and sustained by the Court in this Order. If Plaintiff, TERRA VINET, does not amend her pleadings and cure the defects ruled upon in this June 21 Order by ____________________________, 2019, the Court automatically strikes each defective paragraph without the necessity of further Order by this Court. Signed: 5/31/2019 02:46 PM SIGNED: _____________________________, 2019. ____________________________________ PRESIDING JUDGE APPROVED: THE WEAVER LAW FIRM /s/ Richard D. Weaver Richard D. Weaver Texas Bar No. 24047083 rweaver@weaverlawyers.com Philip K. Broderick Texas Bar No. 24094561 pbroderick@weaverlawyers.com 1800 Bering Drive, Suite 1050 Houston, Texas 77057 (713) 572-4900 (Telephone) (713) 513-5566 (Facsimile) ATTORNEYS FOR DEFENDANTS, LOUISE MARGARET MCKENZIE And COLIN DONALD MCKENZIE