John Edward Roper’s Answers

John Edward Roper

Dallas Litigation Lawyer.

Contributor Level 7
  1. Questions regarding Special Exceptions and what is considered a special exception. What type of pleading would we use to oppose.

    Answered over 1 year ago.

    1. John Edward Roper
    2. Brian Heath Crockett
    3. Konstantin Parkhomenko
    4. Constantine D. Buzunis
    4 lawyer answers

    You are correct that one files Rule 190 special exceptions when one asserts there is a defect, omission, or fault in the pleadings. To respond you would file a Response to Defendant's Special Exceptions. If you misnamed Macy's, a motion to abate would be the appropriate vehicle to raise the issue. Also look at Tex. R. Civ. P. 71. Have fun.

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  2. Is it illegal to make a website about an ex? What would be acceptable and what would be unacceptable?

    Answered over 3 years ago.

    1. John Edward Roper
    2. Yury Byalik
    3. Pamela Koslyn
    3 lawyer answers

    Legally, you should not defame him, post matters that arguably invade his privacy, or post matters that publically disclose private facts, among other things. Depending on the laws of your state, using his image without his permission, alone, may be enough to create legal problems. Now that we've discussed some of the legal aspects, which alone should be enough to persuade you not to do this, please consider whether creating a website or otherwise publicizing "your side of the story" will...

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  3. I'm in Texas, ready to serve my Request for Admissions upon the Defendant, how many request can I submit in total, to defendant.

    Answered over 2 years ago.

    1. Daniel David Horowitz III
    2. John Edward Roper
    3. Harold Benjamin Gold
    3 lawyer answers

    Officially, there is no limit. Nevertheless, one may not serve requests for admissions (or undertake any other discovery for that matter) that are groundless, in bad faith, and/ or for the purpose of harassment. Accordingly, you should only serve a reasonable number of requests. What that number is may vary depending on the issues in the case and their complexity, the number of parties, and the amount in controversy, among other things. Bear in mind that what's sauce for the goose is sauce for...

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  4. What is the name of the document filed with court when an attorney is out of town?

    Answered about 3 years ago.

    1. Pamela Koslyn
    2. John Edward Roper
    3. Michael S. Haber
    3 lawyer answers

    The particular Texas county's local rules usually govern this issue. Often called a "vacation letter," I ordinarily address mine to opposing counsel via fax or certified mail notifying them of the reason for my absence and the specific dates, and "cc" the court clerk. Some local rules limit the number of times a lawyer/pro se party can invoke this procedure.

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  5. Pleading statute of limitations as an affirmative defense

    Answered over 3 years ago.

    1. John Edward Roper
    2. Jeffrey Scott Chapman
    3. Pamela Koslyn
    4. Maury A. Kroontje
    4 lawyer answers

    Perhaps. Generally speaking, in Texas state court (as opposed to a Texas federal court, which is a different creature), the defendant may amend its answer without the permission of the court if the amendment is made before the deadline for amended pleadings contained in any scheduling order issued in the case. When there is no scheduling order, or the scheduling order doesn't contain a deadline for amended pleadings, the defendant may amend its answer not less than seven days before trial...

  6. Can you sue a city inTexas for breach of contract on a lease that they accepted when the bought the land.

    Answered over 3 years ago.

    1. Brian W. Erikson
    2. John Edward Roper
    2 lawyer answers

    You may be able to sue the city depending on a number of other unknown facts. Did the city assume the lease (and all obligations of the landlord) in writing when they acquired the building? Did they actually acquire the building by purchase or did they acquire it by eminent domain? Did your lease expire by its own terms? Is it a residential or commercial lease? This is not a pleasant situation. I recommend that you discuss these issues in depth, in private, with a lawyer. Good luck.

  7. A couple close friends and I want to buy a head stone for a friend that was murdered.

    Answered over 3 years ago.

    1. John Edward Roper
    2. Byron L. Woolley
    2 lawyer answers

    I think the fact that you all want to commemorate your friend's life is noble. If the funeral home's policy is as you describe it, perhaps you could have a heart-to-heart conversation with a key family member in order to see if he/she could be persuaded to participate. Or, perhaps you can find another way to celebrate your friend's memory. For instance, perhaps you could have flowers delivered on a routine basis, create a memory board, plant a memory tree or garden for her, or contribute...

  8. I am looking to take in my 12 year old sister. Our parents have agreed, what is the easiest way to give me the rights I need to

    Answered over 3 years ago.

    1. John Edward Roper
    1 lawyer answer

    This can quickly become a complicated issue. For purposes of this answer, I'm assuming that you, yourself, are not a minor. Even if you parents "agree" that you should have primary responsibilities for the upbringing of your sister, their verbal consent may not be sufficient to convince many third-parties (for instance, schools, doctors, banks, etc.) that you are empowered to make legally binding decisions on your sister's behalf. Until she reaches the age of majority, this is an issue you will...

  9. Why is it impossible to find a lswyer willing to defend in a civil collection suit? Due to this reality, what's the chance of

    Answered over 3 years ago.

    1. Robert Edward Pugh
    2. John Edward Roper
    3. Robert Daniel Kelly
    3 lawyer answers

    The State Bar of Kentucky appears to have lawyer referral services. See http://www.kybar.org/291. Most civil attorneys charge by the hour. Some may agree to a fixed fee. In the defense context, some lawyers are willing to work on a reverse contingency basis, in which case the lawyer gets paid a percentage of the amount of money he/she saves you from having to pay. Your second question is governed by state law, and I'm not licensed in Kentucky. In Texas, individuals can defend themselves pro...

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  10. I received a notice of case management conference,

    Answered over 3 years ago.

    1. Bruce H Murray
    2. John Edward Roper
    3. Robert Daniel Kelly
    3 lawyer answers

    I'm sorry to hear about your situation. It sounds like you've been sued by your mortgage company, who may be foreclosing on your property. Generally speaking, case management conferences are formal meetings between the parties to a civil lawsuit and court staff (often a judge). The purpose of the conference is usually to establish the court's control over the progress of a case, provide early intervention by the court, offer alternative dispute resolution processes (like mediation),...

    1 lawyer agreed with this answer