But Jeffrey's motion did not invoke Chapter 10 to support the fee award. /Subtype /Widget TEX. https://casetext.com/case/daniels-v-united-parcel-service-in http://www.oregonlaws.org/glossary/definition/request_for_re http://www.wisegeek.com/what-is-prayer-for-relief.htm, http://en.wikipedia.org/wiki/Prayer_for_relief. endstream << 05/01/2023, 258 /Resources << The appellate record contains no order disposing of this petition, and the trial court's docket sheet does not indicate that it was disposed of by a new modification order. endobj R. APP. & REM. 55. that agencies use to create their documents. App.-San Antonio 2015, no pet.) 31 0 obj Open for Comment. 11. endobj to the courts under 44 U.S.C. ", "Wherefore respondent prays to be hence dismissed, with costs, and for general relief. In September 2013, Jeffrey's original attorney withdrew, and that same month his new attorneys, Kip Allison and Karen Kennedy, appeared. /F 4 0000004974 00000 n We thus overrule Aimee's second issue. /Type /XObject >> endobj the official SGML-based PDF version on govinfo.gov, those relying on it for /Subtype /Form The trial court's final judgment awarded Jeffrey the fees charged by Allison's firm but not those charged by Jeffrey's former lawyer, Lisa Hernandez. To secure such levy, collection, and payment, the judicial power shall be exercised when necessary. /Matrix [ 1 0 0 1 0 0 ] /Font << Id. /Type /XObject Federal Register issue. Federal Register provide legal notice to the public and judicial notice >> The divorce decree made Aimee and Jeffrey the children's joint managing conservators and gave Aimee the exclusive right to designate the children's primary residence. (emphasis added). the current document as it appeared on Public Inspection on It was viewed 5 times while on Public Inspection. P. 47.1. /BBox [ 0 0 88.41 16.17 ] >> A general prayer is an unspecified request for any other relief that the court deems the plaintiff is entitled to, as a court is not limited to granting the relief which the plaintiff requests. /Rect [ 122.25 610.24 319.81 624.58 ] /Subtype /Form The trial court sustained Jeffrey's objections. /Resources << Title: Appellant Aimee Hardin filed a petition to modify parent-child relationship. Respondent prays for general relief. /V () Sharp, Room #4006A, P.O. /Matrix [ 1 0 0 1 0 0 ] << endobj This website is using a security service to protect itself from online attacks. Court of Appeals of Texas, Fifth District, Dallas. 60 0 obj /Type /SigFieldLock << A typical prayer would read: "The plaintiff prays for 1) special damages in the sum of $17,500; 2) general damages according to proof [proved in trial]; 3) reasonable attorney's fees; 4) costs of suit; and 5) such other and further relief as the court shall deem proper." The issue of consolidated bonds, authorized by the general assembly of the State at its regular session in the year 1874 is hereby declared to create a valid contract between the State and each and every holder of said bonds, which the State shall by no means and in no wise impair. >> 22 0 obj x+ Barnes, Margaret E. >> endstream << /FT /Tx /Subtype /Widget /DA (\057F4\04010\0565\040Tf\0400\0400\0400\040rg) /Off 38 0 R /V () /AS /Off We need not address issues five and six, however, because the fee award is supported equally and independently by both 106.002 and 156.005. P. 162. /F 4 endstream You will also have access to many other tools and opportunities designed for those who have language-related jobs /V () The trial court signed an order granting in part Jeffrey's amended summary judgment motion and denying Aimee's motion for sanctions. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. /Type /XObject >> /N 18 0 R 55. /BBox [ 0 0 180.76 13.5 ] /Rect [ 87.69 481.58 97.13 491.02 ] /AP << /P 4 0 R 54 0 obj /Rect [ 122.48 682.24 314.93 696.59 ] /Creator (FormsPal) The trial court thus could have reasonably concluded that Aimee failed to show that Jeffrey's injunction request was motivated by an improper purpose. /Subtype /Type1 /Resources << %PDF-1.6 % A counterclaim is simply a claim for relief against an opposing party in a pending action. /Subtype /Form /Rect [ 249.69 243.89 541.06 258.89 ] >> /FT /Tx /Rect [ 400.62 674.73 580.53 697.89 ] /Rect [ 122.02 653.42 319.58 667.76 ] >> 15 0 obj Information about this document as published in the Federal Register. General relief is a very broad term usually appearing just before the prayer or in the prayer denoting that the party is just asking the court to grant whatever relief the party may be entitled. /DA (\057F4\04010\0565\040Tf\0400\0400\0400\040rg) /FT /Tx /BaseFont /ZapfDingbats % 1. /P 4 0 R 0000001750 00000 n ]bqi"w8=8YWf8}3aK txg^+v!a{Bhk 5YliFeT?}YV-xBmN(}H)&,# o0 Ppu*55 =cCL(++ /DA (\057F4\04010\0565\040Tf\0400\0400\0400\040rg) documents in the last year, 125 endobj Accordingly, her argument fails. >> >> 47 0 obj should verify the contents of the documents against a final, official /MK << The order awarded Jeffrey attorney's fees and costs of $14,425.50. >> /Subtype /Widget The Public Inspection page may also Ppu*55 C=CS )rs /Filter /FlateDecode Listed below are the cases that are cited in this Featured Case. In view of this, the Arbitral Tribunal asked the Claimants whether they wanted to withdraw or maintain the corresponding request for relief. endobj endobj endstream The said bonds shall be a valid obligation of the State in favor of any holder thereof, and no court shall enjoin the payment of the principal or interest thereof or the levy and collection of the tax therefor. The next day, Jeffrey filed a first amended answer. >> 61 0 obj stream /Type /XObject 2008). Section 106.002(a) provides, "In a suit under this title,[1] the court may render judgment for reasonable attorney's fees and expenses and order the judgment and postjudgment interest to be paid directly to an attorney." endobj /DA (\057F4\04010\0565\040Tf\0400\0400\0400\040rg) of the issuing agency. stream /N << App.-Tyler 1966, no writ) (intervenors' claims for relief survived plaintiff's nonsuit, so defendant could later amend its pleadings to assert new "cross action" against plaintiff). /AP << /Resources << >> /BBox [ 0 0 8.51 8.51 ] 35 0 obj 17 0 obj /Subtype /Form endstream /Pages 1 0 R A typical prayer would read: "The plaintiff prays for 1) special damages in the sum of $17,500; 2) general damages according to proof [proved in trial]; 3) reasonable attorney's fees; 4) costs of suit; and 5) such other and further relief as the court shall deem proper." >> In In re M.A.N.M., the appellant father argued that the trial court erred in awarding 106.002 attorneys' fees to the mother as the non-prevailing party in a suit affecting parent-child relationship modification case without showing good cause. /Subtype /Form /F1 45 0 R endstream /Ff 4096 /FT /Btn legal research should verify their results against an official edition of Limiting the Available Relief By definition, the prayer states the "relief sought." TEX. stream Nor has she cited to us any case authority supporting her premise. /Rect [ 329.34 452.85 396.89 469 ] /Owner () 0000004255 00000 n >> /FT /Sig /N 32 0 R Aimee argues that Jeffrey filed the amended summary judgment motion (i) to punish her financially, (ii) to restrict her access to the trial court for seeking future modifications, and (iii) to intimidate her from seeking future modifications. /Resources << /BBox [ 0 0 192.45 14.34 ] /N 58 0 R >> 0000006550 00000 n 148.72.212.198 endobj /Subtype /Form endstream endobj 153 0 obj <>stream 3. x+ 19 0 obj /Filter /FlateDecode << /AP << 22 WHEREFORE, plaintiffs and the Class respectfully pray for relief as follows: Sample 1 Sample 2. /P 4 0 R /CreationDate (D\07220161121173921Z00\04700\047) This feature is not available for this document. %%EOF /MediaBox [ 0 0 612 792 ] /CreatorTool (FormsPal) /T (Full\137Name\1371) App.-Dallas 2015, no pet.). endobj Click to reveal App.-Fort Worth 1904, no writ) (trial court erred by, after plaintiff's nonsuit, denying defendant leave to amend its pleading seeking affirmative relief); see also State v. Roberson,409 S.W.2d 872, 875-76 (Tex. endobj App.-Houston [1st Dist.] /Subtype /Form endobj endstream P. 44.1 (reversible error in civil cases). /V () x+ >> /P 4 0 R Id. Villafani v. Trejo,251 S.W.3d 466, 469 (Tex. Bennett, Tracey Lynn, /MaxLen 3 See Hans v. Louisiana, 24 Fed.Rep. << 10 0 obj 56 0 obj Aimee filed a new petition in modify parent-child relationship in July 2011. App.-Austin 2014, no pet. /BBox [ 0 0 238.49 16.15 ] Ppu*55 C=CS )rs endstream endobj 142 0 obj <>/Metadata 25 0 R/Names 144 0 R/Outlines 16 0 R/PageLayout/OneColumn/Pages 24 0 R/StructTreeRoot 27 0 R/Type/Catalog/ViewerPreferences<>>> endobj 143 0 obj <>/Font<>>>/Fields[]>> endobj 144 0 obj <> endobj 145 0 obj <>/ProcSet[/PDF/Text]>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 146 0 obj <> endobj 147 0 obj <> endobj 148 0 obj <> endobj 149 0 obj <>stream /BBox [ 0 0 197.56 14.34 ] Aimee made hearsay objections to 14 of Jeffrey's 15 summary judgment exhibits. /F 4 We disagree. /F 4 The petitioners are willing to post a bond for this purpose as may be directed by this Honorable Court; [and] 3. >> [FR Doc. /Matrix [ 1 0 0 1 0 0 ] /AP << x+ "); see also Nolte v. Flournoy,348 S.W.3d 262, 266-67 (Tex. /Resources << /Length 10 /N 20 0 R In accordance with this Court's opinion of this date, the judgment of the trial court is AFFIRMED. for better understanding how a document is structured but 63 0 obj 141 27 /Subtype /Widget >> >> Respondent prays for general relief. /Subtype /Widget ". >> Id. headings within the legal text of Federal Register documents. /Off 26 0 R documents in the last year, by the Energy Department Three, there is case authority indicating that Aimee's position is wrong. hb```b``AX,+0V?pH,tGEG_v%eiL @ dht >4 -`( a2!CFVLL0md`cq &O5nedhE)H3? Wherefore petitioner prays that the State of Louisiana be cited to answer this demand, and that after due proceedings she be condemned to pay your petitioner said sum of ($87,500) eighty-seven thousand five hundred dollars, with legal interest from January 1, 1880, until paid, and all costs of suit; and petitioner prays for general relief.". She alleged that Jeffrey and the children had since moved back to Texas from New York, and she sought a "50/50 possession schedule, or that which the Court deems is in the best interest of the children.". /T (Text\1374) /Filter /FlateDecode (following Coburn and concluding that prevailing party status is relevant but not decisive or conclusive). >> CODE 10.004(d). endstream at 566-67. /AP << /FT /Tx endstream A State cannot, without its consent, be sued in a Circuit Court for the United States by one of its own citizens upon a suggestion that the case is one that arises under the Constitution and laws of the United States. The action you just performed triggered the security solution. /Subtype /Widget >> endobj 49 0 obj endobj One, Rule 162 provides that a nonsuit "shall not prejudice the right of an adverse party to be heard on a pending claim for affirmative relief." >> /F 4 Ppu*55 =cCL(++ /Subtype /Widget /FT /Tx "Y:x=/=?x3H>/ HFM$@5)o j^&. endstream ), and In re A.M.W.,313 S.W.3d 887 (Tex. << /Filter /FlateDecode endstream 6 0 obj >> 10.001(1); see also Unifund CCR Partners v. Villa,299 S.W.3d 92, 97 (Tex. 0 /Subtype /Form hKa$T)#LdklFn2iI(` !n!N$"EYaV?%aK&@>(. The grounds of the action are stated in the petition as follows: "Your petitioner avers that, by the issue of said bonds and, coupons, said State contracted with and agreed to pay the bearer thereof the principal sum of said bonds forty years from the date thereof, to-wit, the 1st day of January, 1874, and to pay the interest thereon represented by coupons as aforesaid, including the coupons held by your petitioner, semiannually upon the maturity of said coupons; and said legislature, by an act approved January 24, 1874, proposed an amendment to the constitution of said State, which was afterwards duly adopted, and is as follows, to-wit:", " No. /AP << daily Federal Register on FederalRegister.gov will remain an unofficial /F 4 What does petitioner prays that defendant be case with all cost of the proceedings and for all general an equitable relief mean I was served today for my divorce an I'm the defendant but I don't understand what she prays tht defendant be responsible for all general an equitable relief means More Divorce Ask a lawyer - it's free! Individuals or Households. >> /BBox [ 0 0 67.55 16.15 ] /Ff 4096 /N << TEX. /Filter /FlateDecode P. 44.1 (reversible error in civil cases). involving a dispute between /FT /Tx /Rect [ 81.38 555.49 283.59 571.64 ] >> Your IP: /Filter /FlateDecode regulatory information on FederalRegister.gov with the objective of /F 4 R. CIV. Jeffrey then filed an amended summary judgment motion that among other relief, requested $23,924.96 in attorneys' fees and costs. << endobj on NARA's archives.gov. /CropBox [ 0 0 612 792 ] FAM. /BBox [ 0 0 197.56 14.34 ] better and aid in comparing the online edition to the print edition. /F 4 /V () >> limit the available relief), and (b) whether a party can receive relief that is requested in his prayer but is not mentioned elsewhere in his brief (i.e., whether the prayer can expand the available relief). /P 4 0 R /Fields [ (Signature\1371) ] Aimee, acting through new counsel, filed a combined response, objections, and counter-motion for sanctions. /Resources << 40 0 obj >> /Rect [ 122.25 668.28 319.81 682.62 ] x+ 59 0 obj For a referral to an attorney, or if you are poor to the nearest Legal Aid Office, call the State Bar of Texas Lawyer Referral Information Service at 800-252-9690. 0000003080 00000 n c /P 2 ); see also In re R.E.S.,482 S.W.3d 584, 586-87 (Tex. Register, and does not replace the official print version or the official Registered Securities. /Ff 131072 55 minutes. /H /I Petitioner prays for general relief. /Ff 16777216 You can request verification for native languages by completing a simple application that takes only a couple of minutes. /Filter /FlateDecode Click on the case name to see the full text of the citing case. /T (Text\13713) These can be useful endobj endobj hbbc`b``3%G@ } Arguably, this implies . c /DA (\057F4\04010\0565\040Tf\0400\0400\0400\040rg) on x+ stream /Type /SigFieldLock Although Jeffrey did not prevail on this request, that fact alone does not show that Jeffrey presented the request for an improper purpose. /F 4 Registered Securities. 24 0 obj and services, go to Accordingly, 10.004(d) does not apply here. /Filter /FlateDecode /Length 34 Consequently, we overrule it and need not and do not reach issue 10. Ppu*55 =cCL(++ /Subtype /Form electronic version on GPOs govinfo.gov. /Length 50 App.-Dallas 2012, pet. This site displays a prototype of a Web 2.0 version of the daily /P 4 0 R It appears that you have attempted to comment on this document before >> She later nonsuited that petition. 0000003377 00000 n documents in the last year, 153 endobj x+ Dist.,383 S.W.3d 783, 793 (Tex. Additionally, because the judgment awarded fees under both 106.002 and 156.005, the record does not support Aimee's argument that the trial court necessarily based its award on a statutory basis raised for the first time after Aimee's nonsuit. 564, 564 (Tex. HJ1}I " documents in the last year, 29 /CA (8) The petition is general so there is nothing specific that I want to deny. by the Securities and Exchange Commission >> Each document posted on the site includes a link to the `)Y >> Respondent requests postjudgment interest as allowed by law. >> >> stream See Blank v. Robertson, 78 S.W. Respondent's Original Answer - And General Denial << /DA (\057F4\0409\040Tf\0400\0400\0400\040rg) endobj /Font << (or are passionate about them). /FT /Tx endobj developer tools pages. /DA (\057F2\0409\040Tf\0400\0400\0400\040rg) >> /Font << For the foregoing reasons, we affirm the trial court's judgment. >> Direct all written comments and requests for additional information to Bureau of the Fiscal Service, Bruce A. /Lock 62 0 R /F1 23 0 R /Type /XObject endobj The record does not contain special exceptions asking the trial court to order Jeffrey to specify the statutory basis underlying his fee request. /FT /Tx The case did not present the question of whether 106.002 permits fee awards only to prevailing parties, and we did not purport to decide that question. CIV. Because we uphold the award under 106.002, issues five and six are unnecessary to our disposition. /Length 49 >> [ insert description of other or alternative forms of relief (e.g., reducation in penalty) ]. /F 4 /F 4 endobj /Resources << . /Ff 4096 0000076060 00000 n If you are using public inspection listings for legal research, you /Length 34 /BBox [ 0 0 50.38 16.15 ] 141 0 obj <> endobj endstream endobj 154 0 obj <>stream /Length 48 x+ endobj >> /BBox [ 0 0 9.43 9.43 ] 16 0 obj c App.-Dallas 2012, no pet.). c endobj Petitioner prays that citation and notice issue as required by law and that the Court grant a divorce and all other relief requested in this petition. stream 0000002819 00000 n stream /Rect [ 161.99 196.93 342.75 210.43 ] 3 0 obj for Divorce with Children We see nothing in Jeffrey's motion indicating that he filed it to punish or intimidate Aimee as she contends. /ProcSet [ /PDF /Text ] documents in the last year. /N << /Filter /FlateDecode Accordingly, we overrule Aimee's eighth and ninth issues. /BaseFont /ZapfDingbats /DA (\057F2\0409\040Tf\0400\0400\0400\040rg) /Ff 4096 was filed /Rect [ 114.35 490.55 248.76 504.89 ] >> 5. Document Drafting Handbook Thank you for taking the time to create a comment. Type of Review: More information and documentation can be found in our /F1 39 0 R << << Respectfully submitted, Tisdale, Indelicato & Key 227 Oak Street, Suite 1200 Denton, Texas 76201 Tel: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx Court of Appeals of Texas, Fifth District, Dallas.https://leagle.com/images/logo.png. /Subtype /Form 8 0 obj /BBox [ 0 0 57.33 14.34 ] Note: You can attach your comment as a file and/or attach supporting /Rect [ 410.89 197.93 521.52 214.08 ] bruce.sharp@fiscal.treasury.gov. >> 14 0 obj documents in the last year, 422 /Rotate 0 3 KudoZ points were awarded for this answer, For another site operated by ProZ.com for finding translators and getting found, go to, General / Conversation / Greetings / Letters. >> Moreover, even had she preserved her complaints, Aimee has not explained how the trial court's rulings on her objections to these exhibits harmed her. /N 60 0 R >> stream /P 4 0 R Prayer Respondent prays that Petitioner take nothing and that Respondent be granted all relief requested in this Original Answer. After we rejected the father's attack on the modification order's merits, we summarily rejected his related attack on the fee award: "Mother prevailed on her motion to modify, and we have concluded that Father's challenge to that ruling is without merit. 20 0 obj /Resources << >> /BBox [ 0 0 134.41 14.34 ] endobj Aimee argues that civil practice and remedies code Chapter 10 expressly prohibits the sanctioning of a represented party for filing a frivolous pleading. >> "Page 134 U. S. 4 By the judgment of the court, this exception was sustained, and the suit was dismissed. c . 1 Cause No. provide legal notice to the public or judicial notice to the courts. /T (Text\1371) Gomer v. Davis,419 S.W.3d 470, 481 (Tex. << stream are not part of the published document itself. FAM. endobj Aimee also argues that her nonsuit precluded Jeffrey from either (i) expanding his fee request beyond Lisa Hernandez's fees, or (ii) asserting new legal bases for a fee recovery. /Resources << << /Subtype /Form /Lock 48 0 R >> 2R031VSF << endobj /T (Text\1377) prayer. The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. uqC0'xEN >> f`Yc`? /S/%@ G04 >> documents in the last year, 83 << 23 0 obj /MK << >> 05/01/2023, 39 /Rect [ 214.15 178.41 302.57 194.58 ] This repetition of headings to form internal navigation links PRAC. /FT /Tx 419, questioned. Respectfully submitted, Respondent, Pro Se [Sign your name on the line.] << the Federal Register. /N 54 0 R 36 0 obj Bonds that Hans purchased from Louisiana contained coupons that could be exchanged for interest payments. endstream QUESTION: Is he trying to get the judge to make her to pay his attorney fees? v. City of Fort Worth,139 S.W.3d 433, 441 (Tex. 2R031VSF /DA (\057F4\04010\0565\040Tf\0400\0400\0400\040rg) /V () x+ /Filter /FlateDecode /Resources << The trial court sustained in part Aimee's objections to Allison's affidavit and overruled the rest of her objections. Listed below are those cases in which this Featured Case is cited. 0000005825 00000 n << Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. >> /T (Text\1375) 2. Chisholm v. Georgia, 2 Dall. Copyright 2019 ALM Media Properties, LLC. /Subtype /Form /Subtype /Form 2R035TSF Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. 9T, [ >> endobj /Rect [ 479.12 656.29 487.63 664.79 ] stream /Subtype /Widget >> /P 4 0 R Jeffrey objected to both affidavits in their entirety on various grounds. x+ /V () /Rect [ 302.57 178.41 541.06 194.57 ] c App.-Dallas 2015, no pet.). Aimee's sanctions motion argued that Jeffrey's amended summary judgment motion (i) violated 10.001(1) because it was brought for an improper purpose and (ii) violated 10.001(2) because it was warranted neither by existing law nor by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law. Because prevailing party status is but one factor relevant to the trial court's exercise of discretion, In re R.E.S., 482 S.W.3d at 586-87, we properly considered the parties' degrees of success. We look to a pleading's substance to determine its nature. "CcJIMDu'mz OM;:tjMWj^&-R3\@4&H'&yQokB->6y_Yrga$_j5a]?d=H@_:1ABHy5RHBJ :QGGt[SxA[z|W#4e,%"`F:Ey<>6X uJuHz5/WTW;/M;.g&6kOz"QE`M]F(izMXaz;~Q-_ )ux9A*|D32My}RGJHUJ,.>f:jh,@f/Y;Fz5d_),64,.jw!E[M8=yTVorrE'x2>r?p9U\W)F~J };^z>c?F !A)VP+~_Yf+[1No2 68brJ}hkm-"_W+