Keystone RV Company v. Texas Department of Motor Vehicles, Motor Vehicle Division ( 2015 )

ACCEPTED
03-15-00644-CV
7692155
THIRD COURT OF APPEALS
AUSTIN, TEXAS
11/5/2015 8:44:27 AM
JEFFREY D. KYLE
CLERK
NO. 03-15-00644-CV
____________________________________________________
FILED IN
3rd COURT OF APPEALS
IN THE THIRD COURT OF APPEALS AUSTIN, TEXAS
AT AUSTIN, TEXAS 11/5/2015 8:44:27 AM
____________________________________________________
JEFFREY D. KYLE
KEYSTONE RV COMPANY, Clerk
Plaintiff,
v.
TEXAS DEPARTMENT OF MOTOR VEHICLES,
Defendant.
____________________________________________________
DEFENDANT TEXAS DEPARTMENT OF MOTOR VEHICLES’
ORIGINAL ANSWER
____________________________________________________
KEN PAXTON
Attorney General of Texas DENNIS M. MCKINNEY
Assistant Attorney General
CHARLES E. ROY State Bar No. 13719300
First Assistant Attorney General OFFICE OF THE TEXAS ATTORNEY GENERAL
ADMINISTRATIVE LAW DIVISION
JAMES E. DAVIS P.O. Box 12548
Deputy Attorney General for Austin, Texas 78711-2548
Civil Litigation Telephone: (512) 475-4020
Facsimile: (512) 320-0167
DAVID A. TALBOT, JR. dennis.mckinney@texasattorneygeneral.gov
Chief, Administrative Law Division Attorneys for Defendant
TO THE HONORABLE JUSTICES OF THE COURT:
Defendant, the Texas Department of Motor Vehicles Board (“Defendant”), by
and through the Office of the Attorney General of Texas and the undersigned
Assistant Attorney General, and file this Original Answer in response to Plaintiff’s
Petition for Judicial Review. In support thereof, Defendant would show the Court
as follows:
I.
GENERAL DENIAL
Defendant Texas Department of Motor Vehicles denies each and every
allegation contained in Plaintiff’s Petition for Judicial Review, and demands strict
proof thereof.
II.
AFFIRMATIVE DEFENSE
Defendant Texas Department of Motor Vehicles pleads the affirmative
defense of sovereign immunity to the extent that any portion of Plaintiff’s claim is
barred thereby.
III.
PRAYER
Defendant Texas Department of Motor Vehicles prays that the Court, upon
final hearing, enter a final judgment that Plaintiff take nothing by way of this suit,
that all court costs be taxed against Plaintiff, and for such other and further relief to
which Defendant Texas Department of Motor Vehicles may be entitled.
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Respectfully submitted,
KEN PAXTON
Attorney General of Texas
CHARLES E. ROY
First Assistant Attorney General
JAMES E. DAVIS
Deputy Attorney General for Civil Litigation
DAVID A. TALBOT, JR.
Chief, Administrative Law Division
/s/Dennis M. McKinney
DENNIS M. MCKINNEY
Assistant Attorney General
State Bar No.13719300
Office of the Attorney General of Texas
Administrative Law Division
P.O. Box 12548, Capitol Station
Austin, Texas 78711-2548
Telephone: (512) 475-4020
Facsimile: (512) 320-0167
dennis.mckinney@texasattorneygeneral.gov
Attorneys for Defendant
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document has
been served on this the 5th day of November, 2015 on the following:
Christopher J. Lowman VIA Electronic Service
The Lowman Law Firm
One Allen Center
500 Dallas Street, Suite 3030
Houston, Texas 77002-4705
chris@lowmanlaw.com
Attorney for Plaintiff
/s/ Dennis M. McKinney
Dennis M. McKinney
Assistant Attorney General
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