OK. I was wondering why he just didn't pay back the earnest money since there was apparently something in writing about this (the other damages claimed seemed to be on a "handshake.") Let me know if you need anything more. Mary Jo From: Haytham Faraj [mailto:haytham@puckettfaraj.com] Thank you. I will be calling the client today. We’re not doing anything more until I speak to him. I will let you know the way ahead. He is being equivocal. From: MaryJo Provenzano [mailto:maryjo1@puckettfaraj.com] Haytham: Here is the email again. Mary Jo From: MaryJo Provenzano [mailto:maryjo1@puckettfaraj.com] Haytham: I attach a draft Motion Objecting to Jurisdiction - Special Appearance. I also attach my research including Texas Rule of Civil Procedure Rule 120a (Special appearances), the Texas Long Arm Statute - Tex Civ Prac & Rem Sec 17.041 et seq., and 5 cases. Of the cases, the most helpful and recent was Syrian American v. SSPD. I have relied on it exclusively in the Motion, as it is an appeal from a Harris County Case in which the trial court sustained the out of state defendant's jurisdictional challenge, and it was decided in February, 2011. However, the case cites all the relevant cases and statutes so I thought it was a good "summary." The other cases are there for more background, and cite many of the same authorities. I provide them to you for completeness. They can be plugged into the motion if you think it's necessary. According to the Court rules, if you file a motion, you must also submit it with an Order granting the relief you request. Rule 120a anticipates an evidentiary hearing on any relevant facts. I didn't prepare an order because I thought it would make more sense and probably take less time/be more cost effective for the client if whatever Texas counsel you use prepares the order. I have several questions: The summons indicates that the corporation was served this more than 20 days ago (probably around Dec 5) so the 20-day period for response appears to have expired, unless there was some kind of filing or something to extend the deadline. Also, the summons seems to have just served the corporation, and not Mr. Dodd. Has he been served separately? If not, I am guessing that we have to add something to the pleading saying that he has not actually been served. Finally, I think you need to associate Texas Counsel asap since neither of us is licensed there. I am concerned about the expiration of the deadline for the answer and the potential for there being a default judgment. Also, in the draft Motion, I have very few facts and have left blanks for where I believe some facts need to be put in. Please let me know if there is any more I can do on this. Mary Jo From: Haytham Faraj [mailto:haytham@puckettfaraj.com] Mary Jo, The complaint is attached. Please review and prepare a response limited to challenging jurisdiction. Haytham Faraj, Esq. PUCKETT & FARAJ, PC _______________________ WASHINGTON DC METRO The Law Firm of Puckett & Faraj, PC 1800 Diagonal Road Suite 210 Alexandria, VA 22314 703-706-0442 Phone 202-280-1039 Fax DETROIT METRO The Law Firm of Puckett & Faraj, PC 835 Mason Street Suite 150-A Dearborn, MI 48124 313-457-1390 Phone 202-280-1039 Fax The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 703-706-0442 or via a return the e-mail to sender. You are required to purge this E-mail immediately without reading or making any copy or distribution. No virus found in this message. No virus found in this message. No virus found in this message. |