RETRN

E-Served via EFile.TXCourts.gov on
9/4/2018 2:53 PM
CAUSE NO. 18-6796-393
JOHN T. THORNGREN,
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IN THE DISTRICT COURT OF
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Plaintiff,
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v.
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DENTON COUNTY, TEXAS
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DENTON COUNTY APPRAISAL
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DISTRICT,
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Defendant.
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393RD JUDICIAL DISTRICT
DEFENDANT’S ORIGINAL ANSWER,
SPECIAL EXCEPTION AND REQUEST FOR DISCLOSURE
TO THE HONORABLE JUDGE OF THIS COURT:
Defendant Denton Central Appraisal District1 (“Defendant” or “Denton CAD”)
hereby files this Original Answer, Special Exception and Request for Disclosure, and would
respectfully show the Court as follows:
I. ORIGINAL ANSWER
A. General Denial
1.
Defendant hereby exercises its right to enter a general denial of the Plaintiff’s
Original Petition (“Plaintiff’s Petition”), as permitted by Rule 92 of the Texas Rules of Civil
Procedure. Accordingly, Defendant generally denies all factual allegations and all claims
asserted in Plaintiff’s Petition, and any amendments thereto, and demands strict proof
thereof.
1 Although Plaintiff John T. Thorngren has served the proper party, he has incorrectly named “Denton
County Appraisal District” as a defendant. The correct name of the party in question is “Denton Central
Appraisal District.” In the unlikely event Plaintiff insists that “Denton County Appraisal District” has
been properly named, this Original Answer, Special Exception and Request for Disclosure should be
construed as a general denial on behalf of “Denton County Appraisal District.”
DEFENDANTS ORIGINAL ANSWER, SPECIAL EXCEPTION AND REQUEST FOR DISCLOSURE
PAGE 1
II. SPECIAL EXCEPTION
2.
Pursuant to Rules 90 and 91 of the Texas Rules of Civil Procedure,
Defendant specially excepts to Sections III. and V. of Plaintiff’s Petition because Plaintiff
has failed to plead any basis for this Court’s jurisdiction and he has failed to plead a valid
basis for his claim.
3.
Accordingly, Defendant respectfully requests that the Court to set this
special exception for a hearing, and after a hearing, sustain Defendant’s special exception
and order Plaintiff to replead and cure his pleading defects, and if Plaintiff fails to do so,
Defendant further respectfully requests that the Court dismiss Plaintiff’s claim by
summary judgment.
III. REQUEST FOR DISCLOSURE
4.
Pursuant to Texas Rule of Civil Procedure 194.1, Plaintiff John T. Thorngren
(“Plaintiff”) is hereby requested to disclose the information or materials described in
Texas Rules of Civil Procedure 194.2(a), 194.2(b), 194.2(c), 194.2(d), 194.2(e), 194.2(f),
194.2(g), 194.2(h), 194.2(i), and 194.2(l). Said disclosures shall be due no later than 30 days
after service of this request and shall be transmitted to the office of counsel for Defendant,
identified below.
IV. PRAYER
5.
Defendant prays Plaintiff takes nothing by his pleadings, that Defendant be
awarded its court costs and attorneys’ fees, and for such other and further relief, at law
or in equity, to which Defendant is justly entitled.
DEFENDANTS ORIGINAL ANSWER, SPECIAL EXCEPTION AND REQUEST FOR DISCLOSURE
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Respectfully submitted,
SHACKELFORD, BOWEN, MCKINLEY &
NORTON, LLP
By:
/s/ David B. Tabor
David B. Tabor
State Bar No. 24037577
9201 N. Central Expressway
Fourth Floor
Dallas, Texas 75231
(214) 780-1400
(214) 780-1401 [Fax]
dtabor@shackelfordlaw.net
ATTORNEYS FOR DEFENDANT DENTON CENTRAL
APPRAISAL DISTRICT
CERTIFICATE OF SERVICE
I hereby certify that on this
4th day of September 2018 the foregoing document
has been served on the following parties in accordance with Rule 21 of the Texas Rules of
Civil Procedure via eservice through eFileTexas.gov on:
John T. Thorngren, Pro Se
P. O. Box 718
Lake Dallas, Texas 75065
E-Mail: TEXANDcorp@Charter.net
/s/ David B. Tabor
David B. Tabor
DEFENDANTS ORIGINAL ANSWER, SPECIAL EXCEPTION AND REQUEST FOR DISCLOSURE
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