Don P eterson, Peterson,Lonnie LonniePeterson, Peterson, TonyaPeterson,Mack TonyaPeterson,MackP eterson, Peterson, TanaM Tana cMillan McMillanand Dr.JJohn andDr. ohnTTennison. ennison. Theadditional The additional
DEFENDANTSsued, DEFENDANTS sued,D R.M DR. ERKL, MERKL, DR. DR. C LEARMAN, CLEARMAN, TANA TANA MCMILLAN MCMILLANAND AND LINDA LAVINSON demonstratedculpability LINDA LAVINSON culpabilityfor someof forsome tortsalleged oftorts allegedinthislawsuit in this lawsuit and were only and were onlydismissed tostreamline dismissedto the litigationbetween streamlinethelitigation theparties.At between notime the parties. Atno timedid did Plaintiffs epresentoorr concede Plaintiffs rrepresent (and DEFENDANTScertainly concede (andDEFENDANTS neverproved) certainlynever proved)thatclaims that claims against against these these DEFENDANTS DEFENDANTSlacked lackedevidentiary evidentiarysupport assertedorany or were assertedffor supportorwere other any other
purposethan purpose believed absolutely legitimate than believed absolutely legitimateandsupported byevidenceatthetime and supported by evidenceat the the time the pleading pleading was ofthesepartieswere none of these partiesw was filed. Furthermore,none ereever evereven served,sothey even served,so did they did have incur any expense retaining an attorneyto represent them. There was no not have to not to incur any expense retaining an attorney to represent them. There was no harm harm to themandPLAINTIFF S (andcounsel) annotbe to them and PLAINTIFFS (and counsel)ccannot sanctionedfor libelclaims be sanctioned foraa libel claims they they are barredfrompursuing bythelitigation privilege.Rule10and13donotimpose are barred from pursuing by the litigation privilege. Rule 10 and 13 do not impose sanctionsforanything lessthanbadfaithand/orintentto harass,whichhas neverbbeen sanctions for anything less than bad faith and/or intent to harass, which hasnever een provenbyDEFENDANTS. proven by DEFENDANTS. 26. The Sanctions ORDERS November issued 10, 2014addressed and Decemberin 9,2014 26. The Sanctions ORDERS issued November 10, 2014 and addressed December 9, 2014 in hearing,whichwere by this Courton January9, 20l5 - aresimplynot hearing, which were affirmed by this Court on January 9, 2015 - are simply not supportedbycredibleevidence andmustberescinded, modifyingtheORDERS. First supported by credible evidence and must be rescinded, modifying the ORDERS. First andforemost, theCourtcannotusean illegal whichonly(albeit 11 agreement and foremost, the Court cannot use an illegal rule 11 agreement which only (albeit illegally)saysthePartiesagreethatCAROL ANNANDDAVID cancontinue tousethe illegally) says the Parties agree that CAROL ANN AND DAVID can continue to use the 1993POWEROFATTORNEY - rather thansayingtheyadmitthattheirNOVEMBER 1993 POWER OF ATTORNEY - rather than saying they admit that their NOVEMBER 2013DURABLE OFATTORNEY POWER wereinvalid. ANDREVOCATION 2013 DURABLE POWER OF ATTORNEY AND REVOCATION were invalid. As
Silverado Appx. 0544 No. 1-15-567-CV 1633 have meritbecause nomerit have no because NOW THEY NOW THEY MIGHT MIGHT lackstanding, lack whichPLAINTIFFS standing, which PLAINTIFFSdeny deny
because because the Rule the Rule ll isvoid 11 is void and and a lways always was void. was DEFENDANTS obtained void. DEFENDANTS obtained dismissal dismissal of of
PLAINTIFFS' PLAINTIFFS'claimsagainstthem bybyfraud claims against them fraudand shotgun and aa shot approachof gunapproach of misrepresentations misrepresentations andliesdesigned and lies designed to confusethe to confuse theissuesandmislead theCourt, while issues and mislead the while inflaming inflaming theJudge's passions the Judge's passions againstPLAINTIFFS against PLAINTIFFSandtheir attorneyiinn ways and their attorney that waysthat egregiously egregiously v iolatea litany violate litanyof disciplinary of disciplinary rules. rules.
27.The Court found never violated SCHWAGER theProtective Order the andinfact, 27. The Court never found SCHWAGER violated the Protective Order and in fact, the
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