Keystone RV Company v. Texas Department of Motor Vehicles, Motor Vehicle Division

Opinion

ACCEPTED

03-15-00644-CV

7692155

THIRD COURT OF APPEALS

AUSTIN, TEXAS

11/5/2015 8:44:27 AM

JEFFREY D. KYLE

CLERK

NO. 03-15-00644-CV

____________________________________________________

FILED IN

3rd COURT OF APPEALS

IN THE THIRD COURT OF APPEALS AUSTIN, TEXAS AT AUSTIN, TEXAS 11/5/2015 8:44:27 AM

____________________________________________________

JEFFREY D. KYLE

KEYSTONE RV COMPANY, Clerk Plaintiff,

v.

TEXAS DEPARTMENT OF MOTOR VEHICLES, Defendant.

____________________________________________________

DEFENDANT TEXAS DEPARTMENT OF MOTOR VEHICLES’

ORIGINAL ANSWER

____________________________________________________

KEN PAXTON Attorney General of Texas DENNIS M. MCKINNEY Assistant Attorney General CHARLES E. ROY State Bar No. 13719300 First Assistant Attorney General OFFICE OF THE TEXAS ATTORNEY GENERAL ADMINISTRATIVE LAW DIVISION JAMES E. DAVIS P.O. Box 12548 Deputy Attorney General for Austin, Texas 78711-2548 Civil Litigation Telephone: (512) 475-4020 Facsimile: (512) 320-0167 DAVID A. TALBOT, JR. dennis.mckinney@texasattorneygeneral.gov Chief, Administrative Law Division Attorneys for Defendant

TO THE HONORABLE JUSTICES OF THE COURT:

Defendant, the Texas Department of Motor Vehicles Board (“Defendant”), by

and through the Office of the Attorney General of Texas and the undersigned

Assistant Attorney General, and file this Original Answer in response to Plaintiff’s

Petition for Judicial Review. In support thereof, Defendant would show the Court

as follows:

I.

GENERAL DENIAL

Defendant Texas Department of Motor Vehicles denies each and every

allegation contained in Plaintiff’s Petition for Judicial Review, and demands strict

proof thereof.

II.

AFFIRMATIVE DEFENSE

Defendant Texas Department of Motor Vehicles pleads the affirmative

defense of sovereign immunity to the extent that any portion of Plaintiff’s claim is

barred thereby.

III. PRAYER

Defendant Texas Department of Motor Vehicles prays that the Court, upon

final hearing, enter a final judgment that Plaintiff take nothing by way of this suit,

that all court costs be taxed against Plaintiff, and for such other and further relief to

which Defendant Texas Department of Motor Vehicles may be entitled.

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Respectfully submitted,

KEN PAXTON Attorney General of Texas

CHARLES E. ROY First Assistant Attorney General

JAMES E. DAVIS Deputy Attorney General for Civil Litigation

DAVID A. TALBOT, JR. Chief, Administrative Law Division

/s/Dennis M. McKinney DENNIS M. MCKINNEY Assistant Attorney General State Bar No.13719300 Office of the Attorney General of Texas Administrative Law Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 475-4020 Facsimile: (512) 320-0167 dennis.mckinney@texasattorneygeneral.gov Attorneys for Defendant

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CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document has been served on this the 5th day of November, 2015 on the following:

Christopher J. Lowman VIA Electronic Service The Lowman Law Firm One Allen Center 500 Dallas Street, Suite 3030 Houston, Texas 77002-4705 chris@lowmanlaw.com Attorney for Plaintiff

/s/ Dennis M. McKinney Dennis M. McKinney Assistant Attorney General