It's All In the Written Word for Judge David Evans Review

By justicefortexas

Posted on June 5, 2021

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August 15, 2021 Update

Nicholson: “Texas Second Court of Appeals dismissed the case, after trying to force continuation of the appeal after Judge Evans’ admitted, “although I intended the summary judgment to be final, it wasn’t”; while the case was on appeal. They entered a combined Memorandum Opinion and Judgment.”

JUDGE DAVID EVANS ORDERS (June 29, 2021)

Comment from Homeowner Harriet Nicholson to the Orders shown below in Adobe PDF format (combined).

“Judge Evans’ effort to save Nationstar is about 5 years too late, He ruled on Nationstar’s no-evidence motion for summary judgment on May 17, 2016 and sua sponte signed an order on June 30, 2021 sustaining their objections after signing order on June 29, 2021 the case remained status quo and no changes could be made to any motions or pleadings.

The Courts will go to great lengths to save these wrongdoers.”

(“In any context, however, it is incumbent upon the party asserting objections to obtain a written ruling at, before, or very near the time the trial court rules on the motion for summary judgment or risk waiver.”). ee Seim v. Allstate Tex. Lloyds, 551 S.W.3d 161, 165-66 (Tex. 2018) (per curiam) (citing Dolcefino v. Randolph, 19 S.W.3d 906, 927 (Tex. App.-Houston [14th Dist.] 2000, pet. denied), and quoting this court with approval)

[I]t is incumbent upon the party asserting objections to obtain a written ruling at, before, or very near the time the trial court rules on the motion for summary judgment or risk waiver.

NATIONSTAR RESPONSES (June 16, 2021)

DEFENDANT’S RESPONSE TO PLAINTIFF’S MOTION TO VACATE ORDER GRANTING NATIONSTAR’S NO-EVIDENCE MOTION FOR SUMMARY JUDGMENT (June 16, 2021)

Filing Description	DEFENDANT’S RESPONSE TO PLAINTIFF’S MOTIONS FOR SANCTIONS
Comments
Lead Document	Response to Plaintiff’s Motion for Sanctions.pdf	[Download link]
Document	KJH Affidavit 4-20-16.pdf	[Download link]
Document	042516 _BONY_ MCGLINCHEY_NOTICE OF LIEN EXP_REL OF LIEN DEMAND_INCLUDING EXHIBITS (1).pdf	[Download link]

Defendant, Nationstar Mortgage LLC d/b/a Mr. Cooper, hereby files this Notice of Non-Suit on its counterclaim for attorney fees and costs filed against Plaintiff, Harriet H. Nicholson. (June 16, 2021)

Filing Description	DEFENDANT’S RESPONSE AND OBJECTION TO PLAINTIFF’S MOTION FOR LEAVE TO FILE FIFTH AMENDED PETITION
Comments
Lead Document	DEFENDANT’S RESPONSE AND OBJECTION	[Download link]
Document	042516 _BONY_ MCGLINCHEY_NOTICE OF LIEN EXP_REL OF LIEN DEMAND_INCLUDING EXHIBITS (1).pdf	[Download link]

ORDER SETTING MOTION(S) BY WRITTEN SUBMISSION

Whereas:

Items three (3) through seven (7) listed below were set for in-person hearing in the 48th District Court on June 23, 2021 by order dated May 21, 2021,

Plaintiff Harriet Nicholson requested that:

Items one (I) and two (2) listed below be added to the hearing docket on June 23, 2021;

and

The hearing be conducted by submission or by zoom.

The court having considered the requests has decided that items one (1) and two (2) should be added to the docket and that all items should be set for written submission.

If after written submission the court determines oral argument is needed, the court will schedule the same.

IT IS HEREBY ORDERED that the following motion(s) will be taken up by written submission on June 23, 2021:

1. Plaintiff’s Motion for Leave to File Firth Amended Petition filed on May 2, 2016;

2. Motion for Sanctions filed on May 11, 2016;

3. Plaintiff’s Motion to Vacate Nationstar’s No-Evidence Motion for Summary Judgment filed on November 30, 2020;

4. Motion to Vacate Order Denying Plaintiff’s Partial Motion for Summary Judgment for Fraud on the Court by Attorney Kelly J. Harvey’s Fabricated Evidence filed on February 17,2021;

5. Plaintiff’s Motion for Sanctions filed on February 19, 2021;

6. Plaintiff’s Motion to Set Status Conference filed on February 23, 2021; and

7. Plaintiff’s No-Evidence Motion for Summary Judgment filed on March 9, 2021.

IT IS FURTHER ORDERED that the following deadlines will apply:
I. All responses must be filed by noon on June 16, 2021;
2. All replies and objections to the responses must be filed by noon on June 18, 2021; and
3. Any objections to the reply must be filed by noon on June 21, 2021.

IT IS FURTHER ORDERED that all exhibits and witness testimony must be proved by affidavit or as otherwise provided by law and must be filed by noon on June 21, 2021. If the Court determines upon review of the submission that oral argument is needed, the Court will schedule the same.

Signed this the 27th day of May 2021.

David L. Evans
Judge of the 48th District Court

Order Entered 28 May 2021 by Judge Evans

David L. Evans of Fort Worth is judge of the 48th Judicial District Court in Tarrant County, and has served as the presiding judge of the Eighth Administrative Judicial Region since 2014, and is board certified in Civil Appellate Law and Civil Trial Law by the Texas Board of Legal Specialization.

He is a member of the American Bar Association (ABA) and the ABA National Conference of State Trial Judges Judicial Division and a member, former judicial section chairman and a past director of the State Bar of Texas.

He has served has chair of the Commission for Lawyer Discipline and as vice chair of the Texas Board of Legal Specialization.

Evans received a Bachelor of Business Administration in finance from Texas A&M University and entered the U.S Army, following his military service, Evans received a Juris Doctor degree from the Baylor School of Law.