Monday, June 4, 2018


POOR MONTOYA- IF HE SPEAKS HE LIES - BOUGHT AND PAID FOR BY MIKE HERNANDEZ

Several things, in a second post I will explain why I am late.  First of all Montoya lied when he said the motion to transfer venue was denied.  The problem is the judge refused to set anything for hearing. 

I have 90 days to appeal to the Supreme Court.  I will not because at this stage I only have a 1% chance of them taking the case.  Only about 1% of the cases filed are actually heard.

So I have 90 days to file in federal court before anything can happen in state court.  Also the judge has to rule on the Motion to Transfer Venue based on unconstitutionality before she can do anything.  Her ruling regardless of who wins goes automatically on appeal which stops everything again.

We will be in federal court by then.

The additional cost to me is nothing.  I paid for the appeal, so I already paid for everything.  

The court did not rule on the motion for sanctions, so both motions are subject to ruling by the trial court.  Dismissing a motion is not ruling on the motion.

How I knew I lost.  When they denied the Motion to Stay the trial I knew my case was under the 30 day rule to deny the petition for review.  The law is clear, a trial court cannot proceed while the appeal is pending.  They ignored the black and white letter of the law.  This is how I now have federal jurisdiction under the doctrine of futility. among other reasons.

Montoya is too stupid to understand the law or how collecting evidence works.  I knew the day Mike sued me I had zero chance in Fort Worth.  Every lawyer I know in Dallas refuses all cases in Fort Worth.  Unless you are local the judges will deny you justice.  

So now we go into federal court where the trial judge knows she is under scrutiny by the federal court.  The federal court of appeals ruled in another case the court should have decided the merits of my motion to dismis.  The federal trial court is bound by the federal court of appeals, since the Texas Surpreme Court refused to rule on the merits.  The federal trial court following the federal court of appeals precedent can dismiss Mike's lawsuit.

Mike is looking at a good 5 years or longer before he can even begin to work his case forward.  Maybe a $100,000 in attorney's fees.  He will need a different lawyer for federal court, because the federal judges will never put up with Frank Hill.



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