2 bat world sanctuary and amanda in the...
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DEFENDANTS SPECIAL APPEARANCE AND MOTION TO DISMISS ON PERSONAL JURISDICTION
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Cause No. 352-248169-10
BAT WORLD SANCTUARY and AMANDA
LOLLAR,
Plaintiffs,
vs.
MARY CUMMINS,
Defendant
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IN THE DISTRICT COURT
TARRANT COUNTY, TEXAS
DEFENDANTS SPECIAL APPEARANCE AND
MOTION TO DISMISS ON PERSONAL JURISDICTION
1. Special Appearance, First Appearance: Defendant Mary Cummins
(Defendant) makes her First Appearance pursuant to TRCP Rule 120a.
MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION
2. Defendant, without waiving any other defense or motion, respectfully
moves this court to dismiss the within case on the ground that it lacks
personal jurisdiction over Defendant. Defendant brings this motion on the
following grounds:
a. The service of citation and cause of action was incomplete to the
extent that Plaintiffs petition incorporated an Exhibit A alleged
contract which forms the basis of Plaintiffs claim of jurisdiction
over Defendant, as well as Plaintiff Bat Worlds contract claim against
Defendant. Because the service of complaint was not complete because a
full and accurate complaint was not served on Defendant, and therefore
should be quashed, this court has not taken personal jurisdiction over
defendant; and
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DEFENDANTS SPECIAL APPEARANCE AND MOTION TO DISMISS ON PERSONAL JURISDICTION
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b. This Court lacks personal jurisdiction over Defendant because at
all material times Defendant was and is a resident and citizen of
California; Defendant has had no minimum contacts with the forum state
as required under Texas long-arm statute; and no contract was formed
between the plaintiffs and Defendant which would lend jurisdiction to
Texas as alleged in Plaintiffs complaint.
3. Defendant will support this motion with filed sworn affidavit(s) and
legal arguments to be filed separately with this court, and incorporates the
same herein.
4. Defendant respectfully requests that she be permitted to appear at any
oral arguments hearing(s) telephonically.
Dated this November 29, 2010
________________________________
Mary Cummins, Defendant Pro se
645 W 9th St, #110-140a
Los Angeles, CA 90015
Phone 310-877-4770
CERTIFICATE OF SERVICE
I, Mary Cummins, hereby certify that a TRUE COPY of the above DEFENDANTS
SPECIAL APPEARANCE AND MOTION TO DISMISS ON PERSONAL JURISDICTION was served
on the Plaintiffs Attorney of record by FAX and by FIRST CLASS MAIL at
Thomas W. Mackenzie
1800 N Norwood Dr Ste 100
Hurst, Texas 76054
Fax: 817-268-1563
this 29th Day of November, 2010
________________________________
Mary Cummins, Defendant Pro se
645 W 9th St, #110-140a
Los Angeles, CA 90015
Phone 310-877-4770