thesamecourse of conduct conduct that got themsued. that got them sued.
III.P III. URPOSE PURPOSEOF OFRULEE RULEE91A 91A JOSHDAVIS isknowingly violatingRule91ain JOSH DAVIS is knowingly violatingRule twofrivolous 91a intwo filings nderRRule frivolous filingsuunder ule 9labecause theyareboth 91a because theyare beyond thedeadline both beyond the deadlineto file.Rule to file.R ule9la wasenacted 91awas tostreamline enactedto streamline litigation expedited byproviding meansofgetting litigation expedited by providingaameans ridofpatently of getting rid of patently unmeritoriousclaims, claims, "providing idealbalance between lowering an ideal balance between loweringcosts "providing an andimproving fairness, whilestill costs and improving fairness, while still providing to the civilcourtsystem." H.B.274.As withothertort reform access to the civil court system." H.B. 274. As with other tort providingaccess reform legislation,once HouseBill 274 bill was enrolled,the TexasSupremeCourthad legislation, once House Bill 274 bill was enrolled, the Texas Supreme Court had out authorityto adoptandimplement rules tocany authority to adopt and implement rulesto thelegislation. Byitsorderdated carry out the legislation. By its order dated Nov.13,2012,theTexasSupremeCourtpromulgated Rule91a,which wassubject Nov. 13, 2012, the Texas Supreme Court promulgated Rule 91a, whichwas subjectto to changefollowingpubliccomment periodthatclosed onFeb.1,2013. change followingaa public comment period that closedon Afterthat Feb. 1, 2013. After that commentperiod,thecourtmade minorrevisions totherule - which is now final, which isnow comment period, the court made certain minor revisions to the rule - -
Silverado Appx. 0435 No. 1-15-567-CV 1438 effective effective March 1, 1,2013. 2013.
Despite Despite tthe fact that the originalversion hefactthatthe versionoof fthebillmade the bill madereference tothe referenceto the federal
the enrolled enacted and eliminated version any reference. such The of text rules, the enrolled and enacted version eliminated any such reference. The text of
theoriginal the original vversion ersionofHB274specified: of HB 274 specified: The The SupremeCourt Supreme Courtshall shalladopt adoptrules toprovidefor rulesto thefair provide forthe fair and and early early dismissal dismissalofnon-meritorious cases ...and of non-meritoriouscases andshall shallmodel modelthe therules rulesafter afterRules Rules99 and and 1 12,2, the F the ederal Federal Rulesof RulesofC ivil CivilProcedure, tothe Procedure,to thee possible. xtent extent H.B.274. possible.H.B.274. However, noreference However, no to theFederal referencetothe FederalRules Rulesisfound is foundinthe enrolledversion in theenrolled versionof of HB HB 274,whichprovides:"The 274, which provides: "The Supreme SupremeC ourtshalladopt Court toprovide shall adopt rulesto provideforthe for the dismissal dismissalof of causesof actiontthat causesofaction hathhave avennoobasis basisiin nlaw or fact lawor fact o onnmotion motion and and without without
evidence.Therulesshallprovide evidence.The rules shall providethatthemotion todismiss that the motionto dismisssshall hallbegranted ordenied be grantedor denied within45 within 45 days days of thefilingof the filing of themotion to dismiss." H.B.274.TheTexasSupreme the motion to H.B. 274. The Texas Supreme Courtadopted Court adopted Rule9la, Rule 91a, which states, ""A which states, A cause causeof ofactionhas nobasisin action hasno basis inlawif law ifthe the allegations, allegations, taken taken as true, togetherwithinferences as true,together with inferencesrreasonably easonablydrawnfromthem,do drawn from them, do not entitletheclaimant o thereliefsought. not entitle the claimanttto the relief sought.A causeofactionhas Acause nobasisin of action hasno basis infactif fact if no reasonable ersoncouldbelieve no reasonable pperson could believethefactspleaded." the facts pleaded."Thereis There isnothing nothingunbelievable unbelievable aboutSilverado falselyimprisoning assaultingRubyPeterson.They've an assaulting RubyPeterson. about Silverado falsely imprisoningan They'vebeen beensued sued in HarrisCountyforthis