Ricky J. Shugart v. David Thompson, A.K.A. "Lead Agent," A.K.A. "Agents" and Unknown Deputies, A.K.A. "Agents" Each in Their Individual and Official Capacities, Sheriff's Department of Fannin County ( 2015 )

ACCEPTED 06-15-00101-cv SIXTH COURT OF APPEALS TEXARKANA, TEXAS 12/22/2015 12:40:37 PM DEBBIE AUTREY CLERK 06-15-00101-CV RICKY J. SHUGART, ' CourtFILED of Appeals IN 6th COURT OF APPEALS Appellant ' TEXARKANA, TEXAS ' 12/22/2015 12:40:37 PM VS. ' Sixth Appellate District DEBBIE AUTREY ' Clerk DAVID THOMPSON, et al ' Appellees ' State of Texas APPELLEE(S)’ RESPONSE IN OPPOSITION TO MOTION TO RECOGNIZE POST-JUDGMENT FILINGS, TO WIT: MOTION FOR RECONSIDERATION OF DISMISSAL & AFFIDAVIT, AND DOCUMENTS MENTIONED THEREIN TO THE HONORABLE COURT: COME NOW Appellee(s) and file this Response in Opposition to Appellant’s Motion to Recognize Post-Judgment Filing, To Wit: Motion for Reconsideration of Dismissal & Affidavit, and Documents Mentioned Therein, in the above entitled action, and would show as follows: 1. The undersigned did not receive Appellant’s Motion to Recognize Post-Judgment Filing, To Wit: Motion for Reconsideration of Dismissal & Affidavit, and Documents Mentioned Therein until December 21, 2015. Appellees generally respond that they are not waiving any requirements of the Texas Rules of Civil Procedure or the Texas Rules of Appellate Procedure. It is unclear exactly what Plaintiff is requesting. APPELLEES’ RESPONSE IN OPPOSITION TO MOTION TO RECOGNIZE POST-JUDGMENT FILINGS, TO WIT: MOTION FOR RECONSIDERATION OF DISMISSAL & AFFIDAVIT, AND DOCUMENTS MENTIONED THEREIN - Page 1 Appellees assert that Appellant’s case was properly dismissed, that Plaintiff himself dismissed claims and parties1, that Appellant, related to the pending motion, has failed to follow proper procedures, and that Appellant’s motion is improper. Further, Appellant’s motion fails to meet the requirements of TRAP 10. PRAYER WHEREFORE, PREMISES CONSIDERED, Appellee(s) pray that Appellant’s motion be denied. Respectfully submitted, By: /s/ James C. Tidwell James C. Tidwell State Bar No. 20020100 WOLFE, TIDWELL & McCOY, LLP 320 North Travis Street, Suite 205 Sherman, Texas 75090 (903) 868-1933 (903) 892-2397 FAX ATTORNEY FOR APPELLEES 1 See Petitioner’s Motion to Dismiss Action & Claims Charging the Government Unit [Fannin County Sheriffs’ Department/ Fannin County] Employees in Suit for & Under the Texas Tort Claims Act with the Unit. APPELLEES’ RESPONSE IN OPPOSITION TO MOTION TO RECOGNIZE POST-JUDGMENT FILINGS, TO WIT: MOTION FOR RECONSIDERATION OF DISMISSAL & AFFIDAVIT, AND DOCUMENTS MENTIONED THEREIN - Page 2 CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the above and foregoing Appellee(s)’ Response in Opposition to Motion to Recognize Post-Judgment Filings, To Wit: Motion for Reconsideration of Dismissal & Affidavit, and Documents Mentioned Therein was served on Ricky J. Shugart, Appellant pro se, as follows: VIA Certified Mail RRR #7015 0640 0007 0073 4147 Ricky J. Shugart #1917471 1391 FM 3328 Tennessee Colony, TX 75800 (Appellant pro se) Date: December 22, 2015 /s/ James C. Tidwell James C. Tidwell APPELLEES’ RESPONSE IN OPPOSITION TO MOTION TO RECOGNIZE POST-JUDGMENT FILINGS, TO WIT: MOTION FOR RECONSIDERATION OF DISMISSAL & AFFIDAVIT, AND DOCUMENTS MENTIONED THEREIN - Page 3