NO. 2002-42081    

COMMISSION FOR LAWYER                  §          IN THE DISTRICT COURT
DISCIPLINE                                                 §
                                                                        §
V.                                                                    §          HARRIS COUNTY , TEXAS
                                                                        §
JOHN WORLDPEACE                                §          269TH JUDICIAL DISTRICT  

MOTION FOR TRIAL SETTING  

TO THE HONORABLE JUDGE OF SAID COURT  

            COMES NOW, WorldPeace, Defendant in the above styled and numbered cause, and files this MOTION FOR TRIAL SETTING and would show the Court the following:

            1)  The following issues have not been adjudicated in the underlying disciplinary lawsuit and WorldPeace demands that Judge Fry, presiding judge in this matter, set a trial on the issues.

a)  WorldPeace in his Seventh Amended Answer and Counterclaims and Third Party Claims pled a Constitutional cause of action for violation of his rights against self incrimination.  (Exhibit “A”)  This issue was not tried with the TDRPC violations to the jury and was not pled in the Commission’s Amended Motion for No Evidence Summary Judgment nor was it the subject of a directed verdict nor was it referenced in the August 27, 2003, Judgment for Disbarment per Lehmann (39 S.W. 3d 191, Lehmann v. Har-Con Corp. (Tex. 2001)).

b) WorldPeace in his Seventh Amended Answer Counterclaims and Third Party Claims pled a cause of action for Injunctive relief. (Exhibit “B”)   

“To be entitled to a permanent injunction, Jordan had to plead and prove: (1) a wrongful act; (2) imminent harm; (3) irreparable injury; and (4) no adequate remedy at law.”

            Jordan v. Landry’s Seafood Restaurant, Inc., 89 S.W. 3d 737, 742 ( Tex. App. – Hous. [1^st Dist.] 2002)

            “A successful applicant for injunctive relief must demonstrate the following four grounds for relief: 1) the existence of a wrongful act; 2) the existence of imminent harm; 3) the existence of irreparable injury; and 4) the absence of an adequate remedy at law.  Frey v. DeCordova Bend Estates Owners Ass’n, 632 S.W. 2d 877, 881 (Tex. App. – Fort Worth 1982), aff’d, 647 S.W. 2d 246 ( Tex. 1983)”

            Priest v. Texas Animal Healt Comm’n, 780 S.W. 2d 874, 875 (Tex. App. – Dallas 1989)  

            The cause of action for injunctive relief was not pled in the Commission’s Amended Motion for No Evidence Summary Judgment and was not adjudicated in the trial on the TDRPC violations to the jury nor was it the subject of a directed verdict nor was it referenced in the August 27, 2003 , Judgment for Disbarment per Lehmann. 

c)  WorldPeace’s cause of action regarding his constitutional counterclaim regarding due process for having multiple complainants in one lawsuit.  This issue was not tried with the TDRPC violations to the jury and was not pled in the Commission’s Amended Motion for No Evidence Summary Judgment nor was it the subject of a directed verdict nor was it referenced in the August 27, 2003 , Judgment for Disbarment per Lehmann.

d) WorldPeace’s counterclaim for equal protection was not adjudicated because the Commission did not plead the elements of which WorldPeace had no evidence in its Second Motion for No Evidence Summary Judgment and the court did not try that issue to the jury nor was it the subject of a directed verdict nor was it referenced in the August 27, 2003 Judgment for Disbarment per Lehmann.

e) WorldPeace’s counterclaim for due process was not adjudicated because the Commission did not plead the elements of which WorldPeace had no evidence in its Second Motion for No Evidence Summary Judgment and the court did not try that issue to the jury nor was it the subject of a directed verdict nor was it referenced in the August 27, 2003 Judgment for Disbarment per Lehmann.

f) WorldPeace’s counterclaim for unconstitutional range of punishment was not adjudicated because the Commission did not plead the elements of which WorldPeace had no evidence in its Second Motion for No Evidence Summary Judgment and the court did not try that issue to the jury nor was it the subject of a directed verdict nor was it referenced in the August 27, 2003 Judgment for Disbarment per Lehmann.

g) WorldPeace’s counterclaim for violation of his Texas Equal Rights Amendment protection was not adjudicated per Lehmann.

h) WorldPeace’s counterclaim for religious discrimination and political discrimination (free speech) were not adjudicated because the Commission did not plead the elements of which WorldPeace had no evidence in its Second Motion for No Evidence Summary Judgment and the court did not try that issue to the jury nor was it the subject of a directed verdict nor was it referenced in the August 27, 2003 Judgment for Disbarment per Lehmann.

PRAYER

            WHEREFORE PREMISES CONSIDERED, WorldPeace prays this court to set the above issue for trial and for such other and further relief at law or in equity as this court deems proper.

Respectfully submitted,

                                                                        __________________________________
                                                                        John WorldPeace
                                                                        TBA No. 21872800
                                                                        2620 Fountain View, Suite 106
                                                                        Houston , Texas    77057
                                                                        Tel:  713-784-7618
                                                                        Fax:  713-784-9063  

CERTIFICATE OF SERVICE  

            I certify that a true and correct copy of the foregoing pleading was forwarded to opposing counsel on November 19, 2003 by fax.  

                                                                        _________________________________                                                                        John WorldPeace

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