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Case Information

Filed 2023-04-03
Status Disposed
Type Contract: Other
Docket 137 entries
Disposition order of dismissal

Parties

Plaintiff Ackers, Pepper
Defendant Ackers, Gary|Allsop, Melissa|Comerica Bank & Trust N.a., Trustee|Comerica Bank & Trust, N.a., Individually|Deckard, James|First Financial Trust & Asset Management Company, N.a.|Gomez, Brittany
Photo of Hon. Wheeler Thomas

Judge

Hon. Wheeler Thomas

Taylor County (TX)

Texas

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Docket Entries

  1. Jury Trial (9:00 AM) (Judicial Officer Wheeler, Thomas)
  2. Request For Issuance
  3. Citation Comerica Bank & Trust, N.A., Individually
  4. Citation Comerica Bank & Trust, N.A, Trustee
  5. Citation Deckard & Gomez
  6. Citation First Financial Trust & Asset Management Co., N.A.
  7. Citation M Allsop
  8. Citation Comerica Bank & Trust, N.A., Individually Unserved
  9. Citation Comerica Bank & Trust, N.A., Individually
  10. Citation By Certified Mail Comerica Bank & Trust, N.A., Individually Served 04/10/2023 Returned 04/17/2023
  11. Citation Comerica Bank & Trust N.A., Trustee Unserved
  12. Citation Comerica Bank & Trust, N.A, Trustee
  13. Citation Deckard & Gomez
  14. Citation First Financial Trust & Asset Management Co., N.A.
  15. Citation By Certified Mail Comerica Bank & Trust N.A., Trustee Served 04/10/2023 Returned 04/17/2023
  16. Citation Deckard, James Unserved Gomez, Brittany Unserved
  17. Citation M Allsop
  18. Citation By Certified Mail Deckard, James Returned Unserved 04/12/2023 Returned 04/12/2023 Gomez, Brittany Returned Unserved 04/12/2023 Returned 04/12/2023
  19. Citation First Financial Trust & Asset Management Company, N.A. Unserved
  20. Citation By Certified Mail First Financial Trust & Asset Management Company, N.A. Unserved
  21. Citation Allsop, Melissa Unserved
  22. Citation By Certified Mail Allsop, Melissa Unserved
  23. Miscellaneous Certified Mail Receipts
  24. Answer/Response Deckard & Gomez
  25. Answer/Response First Financial Trust & Asset Management Co., N.A.
  26. Statement Of Facts
  27. Answer/Response Comerica Bank & Trust N.A.
  28. Answer/Response Comerica Bank & Trust N.A.
  29. Green Card Returned Deckard & Gomez
  30. Answer/Response M Allsop
  31. Green Card Returned First Financial Trust & Asset Management Co., N.A.
  32. Rule 11 Agreement
  33. Notice Deckard's & Gomez's Trial Brief
  34. Green Card Returned Comerica Bank & Trust, N.A., Individually
  35. Green Card Returned Comerica Bank & Trust, N.A, Trustee
  36. Motion For Severance and Submission of Agreed Case
  37. First Amended Original Petition
  38. Notice Of Hearing M Allsop
  39. Notice Of Hearing Deckard & Gomez
  40. Green Card Returned M Allsop
  41. Notice Of Hearing
  42. Notice Of Hearing
  43. Motion to Enforce and Objection
  44. Notice Of Hearing
  45. Return Subpoena
  46. Certificate Of Written Discovery First Financial Trust & Asset Management Company, N.A.
  47. Certificate Of Written Discovery Pepper Ackers
  48. Request for Judicial Notice in Support of Motion to Enforce Rule 11 Agreement
  49. Answer/Response Comerica Bank & Trust
  50. Motion to Enforce Rule 11 Agreement
  51. Counterclaim
  52. Notice Of Appearance of Additional Counsel
  53. Request Request for issuance of Citation
  54. Citation G ACKERS
  55. Citation Ackers, Gary Served 05/31/2023 Returned 06/06/2023
  56. Answer/Response Plaintiff's Answer to Comerica's Counterclaim
  57. Affidavit Green's Sworn Attorney Fee Affidavit for 2018 - 2019
  58. Affidavit Green's Sworn Attorney fee Affidavit for 2020 - 2021
  59. Brief Defendant Comerica Bank & Trust N.A.'s Brief in Opposition to Plaintiff's Request for Temporary Restraining Order
  60. Objection Defendant Comerica Bank & Trust N.A.'s Objection to Melissa Allsop's Trial Subpoena
  61. Supplemental Supplemental Affidavit of Melissa Allsop
  62. Affidavit Green's Attorney Fee Affidavit for 2022
  63. Civil Hearing (10:00 AM) (Judicial Officer Wheeler, Thomas) Multiple contested matters.
  64. Brief Plaintiff's Bench Brief
  65. Answer/Response Plaintiff's Response to Motion Enforce
  66. Judge's Docket Entry Hearing on various matters called; Court determined that Motion to Sever/Enforcement of Rule 11 to be heard first; Parties agreed to severance order; Signed; Other matters continued; Procedure for filing new case discussed; Atty Brooks to file new case; Initial briefs in severed case to be filed within thirty days; Court to allow reply briefs at time to be determined; Continued matters (this case) not rescheduled until determination regarding beneficiaries (in severed case) done; Mediation to also be scheduled thereafter before trial;
  67. Order Of Severance (Severed into new cause number 13015-D)
  68. Answer/Response
  69. Answer/Response Gary Ackers Answer
  70. Citation Returned Served G Ackers
  71. Vacation Letter Green's Vacation Letter for 2023
  72. Vacation Letter Notice of Vacation
  73. Issued Dismissal Notice
  74. Returned Envelope T. Green
  75. Motion to Retain This Case On The Docket With Supporting Argument and Authorities
  76. Motion to Retain Case on the Docket
  77. Order Of Dismissal For Lack Of Prosecution
  78. Order to Vacate
  79. Returned Envelope T. Green
  80. Motion For Entry of Agreed Protective Order
  81. Agreed Protective Order
  82. Joint Motion for Entry of Agreed Scheduling Order and Preferential Trial Setting (02.23.26)
  83. Notice of Hearing - Joint Motion for Entry of Agreed Scheduling Order and Preferential Trial Setting (05.01.25 at 11 a.m.)
  84. Civil Hearing (11:00 AM) (Judicial Officer Wheeler, Thomas) Motion for Preferential JT Setting; WebEx
  85. Judge's Docket Entry M Mercer in Court; J Fain and L Treadwell Web-Ex; Preferential trial date given with agreed scheduling order to be submitted; (TMW)
  86. Amended Petition Comerica Bank & Trust, N.A.'s First Amended Answer to Plaintiff's Original Petition
  87. Motion Defendant Comerica Bank & Trust N.A.'s Motion for Traditional and No-Evidence Summary Judgment
  88. Motion for Traditional and No-Evidence Summary Judgment
  89. Vacation Letter
  90. Notice of Hearing on Defendant's Motion for Traditional and No-Evidence Summary Judgment (08.08.25 at 10 a.m.)
  91. Agreed Scheduling Order (Trial 03.09.26)
  92. No Evidence Motion For Summary Judgment First Financial Trust and Asset Management Company's
  93. Notice of Hearing
  94. First Amended Petition Breach of Fiduciary Duty, Breach of Trust, Accounting Dishonesty, and Request for Jury Trial
  95. Motion Defendant Comerica Bank & Trust N.A.'s Supplement to its Motion for Traditional and No-Evidence Summary Judgment
  96. Notice Defendant Comerica Bank & Trust N.A.'s Appendix ISO Supplement to its Motion for Traditional and No-Evidence Summary Judgment
  97. Notice of Hearing on Defendant Comerica Bank & Trust N.A.'s Supplement to its Motion for Traditional and No-Evidence Summary Judgment
  98. Notice Of Oral Deposition
  99. Vacation Letter
  100. Motion Plaintiff's Motion for Continuance (August 8, 2025 hearing) on Comerica Bank & Trust, N.A. No-Evidence and Traditional Motions for Summary Judgment
  101. First Amended Verified Motion For Continuance To Respond To Defendant, Comerica Bank & Trust, N.A. No-Evidence And Traditional Motions For Summary Judgment
  102. Notice of Deposition of Kirk Thaxton
  103. First Supplemental Petition
  104. Motion Plaintiff's First Verified Motion for Continuance to Respond to Defendant, FFTAM's No-Evidence and Traditional Motions for Summary Judgment
  105. Motion To Quash Notice of Deposition of Kirk Thaxton
  106. Answer/Response Plaintiff's Response in Opposition to Comerica Bank Trust, N.A., Individually and in its Capacity as the Trustee Larry Ackers Generation Skipping Trust's Motion for Traditional and No-Evidence Summary Judgment
  107. Notice Appendix in Support of Plaintiff's Opposition To Comerica Bank And Trust's Motion For Traditional And No-Evidence Summary Judgment
  108. Amended Petition Plaintiff's Amended Appendix in Support of Response to Comerica's Motion for Summary Judgment
  109. Answer/Response Plaintiff's Response in Opposition to First Financial Trust & Asset Management Company, N.A.'s Motion for Summary Judgment
  110. No Fee Documents--Efiling Plaintiff's Appendix in Support of Response to FFtAM's Motion for Summary Judgment
  111. Notice Amended Notice of Hearing on Defendant Comerica Bank & Trust N.A.'s Motion for Traditional and No-Evidence Summary Judgment & Supplement (10.09.25)
  112. Notice Amended Notice of Hearing
  113. CANCELED Civil Hearing (10:00 AM) (Judicial Officer Wheeler, Thomas) Court Multiple Motions
  114. Motion For Summary Judgment FFTAM Supplement to Traditional and No Evidence Motion for Summary Judgment
  115. Amended Notice Of Oral Deposition
  116. Motion Plaintiff's Motion to Compel Discovery from First Financial Trust & Asset Management Co. Necessary to Respond to Motions for Summary Judgment
  117. Notice Of Hearing
  118. Motion Plaintiff's Second Motion for Continuance of the hearing on summary judgments set for October 9, 2025
  119. Notice of Hearing on Plaintiff's Second Verified Motion for Continuance
  120. Amended Petition Plaintiff's Amended Response in Opposition to Comerica Bank & Trust, N.A.'s Motions for Traditional and No-Evidence Summary Judgment
  121. Affidavit In Support of Amended Response in Opposition to comerica Bank motions for traditional and no-evidence summary Judgement
  122. Answer/Response Plaintiff's Amended Response in Opposition to First Financial Trust & Assets Management Company Motions for Summary Judgment
  123. Answer/Response Appendix In Support of Plaintiff's Amended Response in Opposition to FFTAM's Motions for Summary Judgment
  124. Letter to District Clerk of Filing Issues and Request to Accept and File-Mark all Pending Filings
  125. Answer/Response 2025.10.06 Response to Second Motion for Continuance
  126. Order Granting Comerica's Motion for Traditional and No-Evidence Summary Judgment
  127. Order Denying Plaintiff's Second Verified Motion for Continuance
  128. Answer/Response 2025.10.08 Reply ISO Comerica's Motion for Traditional Summary Judgment
  129. Answer/Response 2025.10.08 Objections to MSJ Response Evidence
  130. Answer/Response Combined Response to Plaintiff Motion for Continuance and Motion to Compel
  131. Civil Hearing (1:30 PM) (Judicial Officer Wheeler, Thomas) Multiple Motions
  132. Judge's Docket Entry M Mercer for Movant First Financial; J Fain for Movant Comerica; L Treadwell for Plaintiff/Respondent; Plaintiff/Respondent's Motions for Continuance denied; First Financial Trust No Evidence and Traditional Motions for Summary Judgment granted; Comerica No Evidence and Traditional Motions for Summary Judgment granted. Comerica order granting signed; First Financial to submit proposed Order (TMW)
  133. Order Granting Defendant First Financial Trust And Asset Management Company's Motion For Traditional And No-Evidence Summary Judgment
  134. Order Denying Plaintiff's Motion to Compel
  135. Notice Of Judgment Letter envelope #107267543
  136. Request to District Court
  137. Order Granting Comerica Bank & Trust's Motion For Traditional And No- Evidence Summary Judgment/Envelope # 107343296

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