Friday, January 24, 2014


ART MCDONALD REPRIMANDED BY TEXAS SUPREME COURT AND ORDERED TO DISMISS BOGUS CLAIMS BY PETER ZAVALETTA

A mandamus is an extraordinary remedy which only issues when a judge outright ignores the law - kind of like McDonald refusing to dismiss the Josefina Fisher case - which every judge who has looked at has called outrageous.  Art McDonald either has no knowledge of the law, or simply chooses to dismiss it as unimportant in his court room.

The case is simple Peter Zavaletta got his client sued for skipping out on a $35,000 medical bill.  The plaintiff originally sued in Cameron County, but nonsuited the lawsuit and refilled in Houston.  Zavaletta settled the lawsuit, and then tried to reopen the nonsuited lawsuit in Cameron county with a counterclaim.  This is beyond unethical.  Art McDonald had no trouble jumping in and aiding Peter Zavaletta in his fraud.  The Texas Supreme Court had to intervene with  a mandamus and order Judge Art McDonald to end his unethical conduct.

This is the type judge Saenz and Montoya are trying to get reelected?  Why?  Because he is reliable as corrupt.

"Jody Griswold required surgery as a result of allegedly negligent medical care. Griswold and his attorney, Peter Zavaletta, entered into an agreement with Greater Houston Orthopaedic Specialists (“GHOS”), whereby GHOS would perform the surgery in exchange for payment from the anticipated proceeds of Griswold’s pending health care liability suit.
            GHOS later sued Griswold and Zavaletta in Cameron County, alleging that they failed to pay GHOS approximately $35,000 for medical services rendered. GHOS subsequently nonsuited that action. The nonsuit was signed by GHOS’s attorney as “attorney for plaintiff” and included the correct cause number and style, but it identified GHOS as “Orthopaedic Specialists, L.L.P.,” omitting the “Greater Houston” predicate. GHOS then sued Griswold and Zavaletta in Harris County. The parties settled, and the Harris County court signed an agreed judgment on January 7, 2008.           
            Meanwhile, the Cameron County court had not yet dismissed the case. On February 28, 2008, the Cameron County court issued an order notifying the parties that the case would be dismissed for want of prosecution unless they appeared and showed good cause for the matter to remain on the docket. On March 10, Griswold and Zavaletta filed a counterclaim alleging that the Cameron County suit was frivolous. On April 3, the trial court signed an order dismissing the case without prejudice, but on April 7, the court set aside that order and set the case for trial. The court of appeals denied GHOS’s request for mandamus relief. ___ S.W.3d ___. We conditionally grant the writ."

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8 comments:

Anonymous said...

In fairness, was it that clear cut? The Court of Appeals didn't overturn it. So at minimum you should at least be attacking the CoA as well.

BobbyWC said...

I am rejecting part of your comment - the other name you mention I have never linked to McDonald - each candidate stands on their own merits and proof that facts do not matter to you - this other person knows I have given them more free press than any other candidate and have never allowed for one negative comment against this person - so your post is total BS.

Further why is it okay for McDonald to pay Montoya a 1000 dollars to trash his opponent on rumors, but wrong for me to publish McDonald's appellate record?

Bobby WC


"You are just trying to muddy the campaigns of Art Macdonald"

BobbyWC said...

The court of appeals is not the one paying Montoya to trash his opponent based on rumors - that is McDonald - all I have done is post a fact. Further, the 13th Court of Appeals is worthless when it comes to a mandamus

bobby WC

Anonymous said...

True as to the 13th CoA. Just think that it should be pointed out that the 13 CoA got it wrong too, even if for different reasons.

Anonymous said...

"...McDonald to pay Montoya a 1000 dollars to trash his opponent ..."

I am confused, please help me understand. If a person like McDonald pays money to have an ad on this person's blog, does it means that he also contracts his services to bring malicious commentaries against another person? Furthermore, for the sake of argument, are all candidates that advertise on Montoya's blog guilty of such service contract?

BobbyWC said...

Rosie and Judge Garcia will not allow for such garbage. Also, the blogger moderates the comments and encourages the comments he wants. McDonald knew what he was doing.

Bobby WC

Anonymous said...

"Rosie and Judge Garcia will not allow for such garbage. Also, the blogger moderates the comments and encourages the comments he wants. McDonald knew what he was doing."

I am sorry but your comment did not answered the question. Perhaps, you do not have the answer.

Anonymous said...

This article helps McDonald get re elected