Order Partially Denying

Defendants’ Motion for Special Exceptions

And Ordering Plaintiff to Replead

On the _____ day of _____________, 2004, the Court considered Defendants’ Motion for Special Exceptions to Plaintiff’s Original Petition. The Court, after fully considering the pleadings, the special exceptions and responses and briefs of Plaintiff, finds that Defendants’ Special Exceptions to Plaintiff’s Original Petition should be DENIED in respect to their “Order” points 1 through 7.

This Court GRANTS Defendants’ Motion in regard to “Order” point 8 that the Plaintiff file a First Amended Original Petition pleading the maximum amount of damages.

Therefore, This Court ORDERS Plaintiff to file his First Amended Original Petition within 21 days of this hearing on Defendants’ Special Exceptions.

SIGNED this ______ day of __________________, 2004.

___________________________________

PRESIDING JUDGE

Respectfully submitted,

_______________________________________

Ronald F. Avery

Pro Se

1955 Mt. Vernon

Seguin, Texas 78155

830/372-5534

Certificate of Service

I hereby certify that a true and correct copy of the foregoing was forwarded by certified mail, return receipt requested # 7099 3220 0001 5083 3356, on this the ____ day of ___________, 2004 to the following:

Attorney of Record for Defendants:

William S. Helfand

Chamberlain, Hrdlicka, White, Williams & Smith

Attorneys at Law

1200 Smith Street, Suite 1400

Houston, Texas 77002

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