No. 1-15-567-CV 1444 consideration wasgiven considerationwas givenby the parties. bythe parties.A gain,the Again, theRulell Rule 11 purports to change purportsto change Tr Cy history by ignoring tthe history byignoring heprincipal's revocationwhich principal's revocationwhichis isillegal. illegal.Tex. Tex.H ealthSafety Health Safety
Code Code ss 166.155. 166.155. But at best,aftermediation, But at best, after mediation,the theonlychallenge thatcouldbe only challengethat could bemade made
wouldbe to PLAINTIFFS' would be to PLAINTIFFS' standing, standing,w hichisby which no means proven.BBut is bynomeansproven. utthisdoes this doesnot not invalidate invalidatePLAINTIFFS' PLAINTIFFS'claims claimsatall, ordoes at all,nnor doesiit tentitled entitledSilverado Silveradoto onecent toonecent
from PLAINTIFFS. from PLAINTIFFS.Thelatefiled Rule91aMotions The late filedRule91a Motionsdeny denythem mandatoryfees themmandatory feesasa as a N matter oflaw matter of law because becausethey theyccannot annotrely on91a relyon91aaand theclaims ndthe be reinstatedand mustbereinstated claimsmust and N orderrescinded. order rescinded. VII.CONCLUSION& VII.CONCLUSION&PRAYER PRAYER The foregoingarguments The foregoing arguments cclearly demonstrate tthat learlydemonstrate hat NEITHER SILVERADO, NEITHERSILVERADO, DEFENDANTS DEFENDANTSNOR NORTHE THE AD LITEMSpresentedADMISSIBLE AD LITEMS presented ADMISSIBLEeevidence videncetoto
overcome tthe overcome he goodfaithpresumption good faith presumption Schwager Schwager enjoysandaffirmatively enjoys and affirmatively established. established. Tex. Tex. R Civ. P. 10,13.Badfaithisrequired R..Civ.P. 10, 13. Bad faith is requireduunder nderbboth othRules10and13.Moreover, Rules 10 and 13. Moreover,until until settlement,ALL OF PLAINTIFFS settlement,ALLOF PLAINTIFFSCCLAIMS wereperfectly LAIMSwere perfectlyvalidand valid andsupported supportedby by evidencepresented during threedaysoftestimony - - even Defendants' owntestimony. evidence presented during three days of testimony - even Defendants'own testimony.As As such,whenthepleadingwas such, when the pleading w as filed,whichistheonlytime Court may which is the only timeaa Courtm ayevaluate, evaluate,no claim no claim made made was frivolous broughtinbadfaith orto was frivolousoorr brought in bad faithor harass. ex.R.CivP. to harass.TTex. R. Civ P. 10,13.Evidence 10, 13. Evidence is requirednot is required n ot speculationbybad actors.Given speculation by badactors. thattheclaimspledJuly18,2014 Given that the claims pled July 18, 2014 includedthevery claims included the very Silverado andtheother ttorneys claims Silverado and the otheraattorneys take issuewith,Silverado had take issue with, Silverado had aa duty duty to theRule91aMotionno laterthanSeptember to file the Rule 91a Motion no 29,2014andfailed.As later than September 29, 2014 and failed. Asaa matteroflaw,JoshDavisandSilverado haveknowingly patently Motions matter of law, Josh Davis and Silverado have knowingly filed patently frivolous Motions designedto harassandwrongfully obtain$115,000+ fromPLAINTIFFS afterfalsely designed to harass and wrongfully obtain $115,000+ from PLAINTIFFS after falsely imprisoningand assaultingtheir mother in a clear conspiracy - pr0vable by imprisoning and assaulting their mother in a clear conspiracy - provable by
Silverado Appx. 0442 No. 1-15-567-CV 1445 evidence. Assuch, Silverado entitled wasnever tohave ANY 9lA RULE circumstantial evidence. As such, Silverado was never entitled to have ANY RULE 91A
MOTIONG MOTION RANTED GRANTED ANDISNOT AND ENTITLEDTOATTORNEYS' IS NOTENTITLED TO ATTORNEYS'FEES FEESATALL. AT ALL. The The Court cannot award Court cannot eesttooSilverado awardffees Silveradounder underRule Rule991a laand otherRule noother andno RuleoorrStatute Statute
has been pled, hasbeen pled, w ithTexas with otallowing Texas nnot allowingfees feesabsent statutoryauthority. absentstatutory Tex.CCiv. authority.Tex. iv.PPrac. rac.&& Rem. C Rem. ode38.001 Code 38.001et etseq. seq. Rule9la Rule 91a does not permit does not permit aa partyto essentially party to essentially missthedeadline miss the deadlineandseeks and seeks
mandatoryfees mandatory asJosh feesas Davisiis JoshDavis strying o do.This tryingtto do. Thisisdeception ontheCourt