Roger Sluder and Richard Wagner v. Carol Joyce Ogden

Opinion

FILED

IN SUPREME COURT

OFTEXAS ^ ^ A 0 "2 "?7 APR 18 2011 I rUlJ^ BLAKE HAWTHORNE, Clert^

ROGER SLUDER § IN THE DISTRICT COURT Plaintiff, § §

V. § 424TH JUDICIAL DISTRICT §

CAROL JOYCE OGDEN § Defendant. § OF BLANCO COUNTY, TEXAS ORDER TO STRIKE PLAINTIFF'S ORIGINAL PETITION AND ORDER FOR SANCTIONS PURSUANT TO RULE 13 OF THE TEXAS RULES OF CIVIL PROCEDURE

On January 8, 2010, the Court heard the Motion for Sanctions Pursuant to Rule 13 of the Texas Rules of Civil Procedure which was brought by the Defendant, Carole Joyce Ogden.

All parties appeared by their attorneys and announced ready. After examining all the pleadings and hearing the evidence and arguments of counsel, the Court finds:

1. that this Court has jurisdiction of this proceeding;

2. that the Motion for Sanctions Pursuant to Rule 13 of the Texas Rules of Civil Procedure filed is in all respects proper and sufficient;

3. that Plaintiff received due and proper notice of these proceedings;

4. that Plaintiff, Roger Sluder filed pleadings in this matter which failed to state a cause of action. Further the Court finds that the Petition filed was groundless, brought in bad faith and brought for the purpose of harassment;

5. that Plaintiff's attorney of record, Richard Wagner, Texas State Bar No.20661050, signed pleadings in this matter which failed to state a cause of action. Further the Court finds that the Petition filed was

groundless, brought in bad faith and brought for the purpose of h9ra«mfln(. DEBBY ELSBURY harassment, clerk district court bunco county, texas FILED

JAN 2 9 2010

AT &-AJ qCLQCK ^ $ U BY_

IT IS THEREFORE, ORDERED, ADJUDGED and DECREED by the Court that:

The above numbered Cause No. CV-06875 styled RODGER SLUDER vs.

CAROL JOYCE OGDEN is DISMISSED WITH PREJUDICE under the authority of Rule 13 of the Texas Rules of Civil Procedure.

IT IS FURTHER ORDERED THAT:

Plaintiff, Roger Sluder AND his attorney of record Richard Wagner, will pay to Lawrence B. Shallcross, two thousand dollars ($2,000.00) by cash, money order or cashier's check on or before 5:00 p.m. on January 29, 2010 as an appropriate sanction for attorney fees, pursuant to 215.2(b) of the Texas Rules of Civil Procedure.

ALL RELIEF NOT SPECIFICALLY GRANTED HEREIN IS DENIED.

SIGNED on [j^^y?f, t) Cnv** /7 . 2010

The Honorable Dan H. Mills 424* JUDICIAL DISTRICTCOURT

APPROVED AS TO FORM:

Lawrence B. Shallcross Attorney for Plaintiff Carole Joyce Ogden 2631 Bulverde Road, Ste. 105 Bulverde, Texas 78163 Tel: (830) 980-5757 Fax: (830) 438-4835