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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4091
Experience:  30 years of experience
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Gerald, I have had good experiences with your assistance. I

Customer Question

Gerald, I have had good experiences with your assistance. I want to ask you a question that relates to my previous question and would rather NOT start over with someone else. How can I ask (YOU-ONLY) this question?
Submitted: 2 years ago.
Category: Legal
Expert:  Gerald, Esq replied 2 years ago.
I will be able to help you later this evening. I am not at my computer right now.
Please post your question.
Thank you.
Kind regards,
Gerald
Customer: replied 2 years ago.
(1) I filed a motion Pro Se, as you and I discussed on May 29th. My Attorney; (who cannot participate because of conflict of interest with other plaintiffs). He said the Motion looked excellent. I have a hearing on June 19.As Plaintiff Pro Se, I want to amend my motion to add some items due to some recent developments.Is this ok?: (this portion is new) PROVIDE THE COURT WITH AN UPDATE ON RECENT DEVELOPMENTSPLAINTIFFS AMENDED MOTION FOR COURT TO ***** and/or AMEND THIS COURT'S ORDER &
UPDATE COURT ON RECENT DEVELOPMENTS(QUESTION):(1a) Am I correct in thinking I file these amended Motion that morning before the Hearing and give copy to opposing Attorney? (Yes or NO) or how?(1b) when making the amended motion, do I add the (information) from the original Motion to the New Motion? Or do I ONLY add the amended items?(2) TRCP 171: Master in Chancery - Defendant’s LOST in Jury Trial, unanimous decision. I feel there is NO reason for this action, except for Defendant to harass or make things more difficult. It was NOT part of the case/pleadings or court order.Here's what I learned from my research:
I believe there is no standing for the Defendants in this case to bring the matter of a Master in Chancery before the Court, as this issue has never been a part of the lawsuit before this Court and there was no evidence that was presented at trial as to the necessity of a Master in Chancery.I also believe that According to what is stated in TRCP 171, Master in Chancery, does not apply in this situation as the Judgment in this case has already been Ordered, Adjudged and Decreed.Defendant has filed a Motion for new trial, to extend time for appeal.(QUESTIONS):2a: Does the opposing Attorney have standing to ask for this? (Yes or NO)2b: Under TRCP 171, can a Master in Chancery be appointed in a case in which a Judgment has already been ordered, adjudged and decreed? (Yes or NO)2c: Is this what I would say to the court? The Defendant has NO standing. Based on the information I have discussed here, I would like to move the court to Deny opposing Attorneys Motion for a Master in Chancery. (Yes or NO)(3) From my research I learned: I believe there is no standing for the Defendants in this case to bring the matter of an Appointment of Receivership before the Court as this issue has never been a part of the lawsuit before this Court and there was no evidence that was presented at trial as to the necessity of an Appointment of Receivership.Additionally the Texas Non-Profit Corporation Act was superseded by Chapter 22 of the BOC Business Organization Code, which came into effect on January 1, 2010, for all existing Corporations and which became effective as of January 1, 2006 for all new entities. Chapter 22 of the BOC does not provide for the appointment of any Receivership.(QUESTIONS):(3a) Does (Chapter 22 of Texas BOC) supersede the Texas Non-Profit Corp Act (TNPCA Article 1396), for our non-profit that was incorporated in 1984? I believe the law that applies was effective in 2010. (Yes or NO)(3b) When I read (Chapter 22 of Texas BOC), I did NOT see anything on Receivership. Chapter 22 of the BOC does not provide for the appointment of any Receivership. Is that correct? (Yes or NO) is it covered anywhere else for non-profits? Where?
(3c) Is this what I would say to the court? The Defendant has NO standing. Based on the information I have discussed here, I would like to move the court to Deny their Motion for an Appointment of Receivership. (Yes or NO)(4) (question): if I ask the Judge, can I film the hearing? This would be used to inform other members not present. (Yes or NO)(5) In my civil court order May 8, 2015, it states: “it is ordered that the defendants shall return ALL keys, records and any other property remaining in their possession or control to the office of Plaintiffs counsel within 15-days”The Defendants were ruled an invalid Board 2007-forward. But, during 2007-forward they operated/performed the Board Business on their personal laptops. During the trial we asked for Discovery, but they were NOT forthcoming in providing it. Within the items the defendants returned on May 8, 2015, there were NO computer files.(QUESTIONS):(5a) Are those files on their computers property of our Non-Profit Corp? (Yes or NO)(5b) Can I request those within this amended Motion? (Yes or NO)(6) In Texas, to file a civil appeal, is there a new law that states you don't have to put up bond to file an appeal? Or something to that affect? What is Law?
Expert:  Gerald, Esq replied 2 years ago.
Hello:
Thank you fir coming back and asking for me. I sincerely ***** ***** kind support.
I am afraid that your questions exceed my ability to assist you at this point in time. So I am going to Opt out and open this for other experts to assist you. I apologize for any inconvenience but I do not want to take a chance and provide you incorrect information.
I will say that in regard to the defendants' Motion, the appropriate response from you is not to Amend your currently outstanding Motion, but rather to file a Response in Opposition to the Defendants' Motion. You should file prior to the date of hearing and mail a copy to the other parties. Also bring copies to the hearing as a stop gap.
Your remaining questions delve into areas that I am not comfortable enough addressing. I am sorry.
Please do not rate me, or reply to this post so that it will remain open to other experts.
Good luck to you.
Kind regards,
Gerald