COMMISSION FOR LAWYER
IN THE DISTRICT COURT
JOHN WORLDPEACE § 269TH JUDICIAL DISTRICT
MOTION (DEMAND) FOR HEARING ON
RESPONDENT’S MOTION TO COMPEL PRODUCTION
TO THE HONORABLE JUDGE OF SAID COURT
COMES NOW, WorldPeace, Respondent in the above styled and numbered cause, and files this MOTION (DEMAND) FOR HEARING ON RESPONDENT’S MOTION TO COMPEL PRODUCTION and would show the Court the following:
WorldPeace has requested the court to set a hearing on WorldPeace Motion
to Compel production of cases in which Mr. Molleston has violated Rule 3.01 of
the Texas Rules of Disciplinary Procedure as he alleged to the court in the
pretrial hearing of the underlying matter on
The court has refused to set the hearing. On November 7, 2003, at a hearing for various post judgment motions filed by WorldPeace, Judge Fry ruled that discovery had been closed prior to trial and that the court was not going to hear Respondent’s Motion to Compel.
WorldPeace would show the court
that the Molleston discovery has nothing to do with the case in chief but with
Rule 13 TRCP sanctions and Chapter 9 & 10 TCP&RC violations that were
committed by Mr. Molleston at pretrial.
WorldPeace alleges that the
Further, even if
the court wrongly insists that the Judgment for Disbarment is final, the court
still has plenary power until
“It is only after plenary jurisdiction has expired that a trial
court may not sanction counsel for pre-judgment conduct.”
In re: Bennett, 900 SW2d 35 (
Lehmann, we held that a judgment is final for purposes of appeal in
circumstances like those of this case “If and only if either it actually
disposes of all claims and parties then before the court, or it states with
unmistakable clarity that it is a final judgment.
Id at 192. We apply this rule
to the present case.
As we held in Lehmann, “Mother Hubbard” language like that contained
in the July 9 summary judgment does not indicate finality.
v. Conwell; 46 S.W. 3d 862, 863-4 (
no longer believe that a Mother Hubbard clause in an order or in a judgment
issued without a full trial can be taken to indicate finality.
We therefore hold that in cases in which only one final and appealable
judgment can be rendered, a judgment issued without a conventional trial is
final for purposes of appeal if and only if either it actually disposes of all
claims and parties then before the court, regardless of its language, or it
states with unmistakable clarity that it is a final judgment as to all claims
and all parties.”
v. Har-Con Corp.; 39 S.W. 3d 191, 192-3 (
The issue was critical to the underlying trial because Mr. Molleston had no right to add five additional grievances to the underlying Collins disciplinary petition outside of Rule 3.01 TRDP. The court looked to Mr. Molleston for guidance on the issue and Mr. Molleston lied to the court by stating that he had violated Rule 3.01 several times in the six years that he had worked for the State Bar.
court believed Mr. Molleston and abused its discretion by proceeding to trial
without jurisdiction per Rule 3.02 TRDP.
The court now
seems to be covering for Mr. Molleston because the court knows that Mr.
Molleston lied to the court
and never added additional grievances to a disciplinary petition like he did in
the underlying WorldPeace disciplinary petition.
The court knows that if Mr.
Molleston cannot produce said evidence he will be summarily fired by the State
Bar and disbarred for lying to the court. One
violation of the TDRPC is enough for a disbarment especially if the violator is
a State Bar attorney charged with enforcing the TDRPC.
It is an abuse of
discretion for the court to refuse to have a hearing on this matter and mandamus
is available to compel the court to set a hearing.
“A trial court may not arbitrarily halt proceedings in a pending
case, and mandamus will lie to compel a trial court to hear and rule on motions
pending before it.
In re: Tasby, 40 SW3d 190 (
WHEREFORE PREMISES CONSIDERED, WorldPeace demands a hearing to compel Mr. Molleston to produce the cases which prove that he has violated Rule 3.01 TRDP in the last six years while employed by the State Bar and for such other and further relief at law or in equity as this court deems proper.
TBA No. 21872800
2620 Fountain View,
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing pleading was
forwarded to opposing counsel on
_________________________________ John WorldPeace
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