October 2, 2009 Hearing
At the hearing on September 29, 2009, Judge Hellums scheduled a hearing on October 2, 2009 for entering the Order from the September 29, 2009 hearing. Please click on the following link to view the transcript for the October 2, 2009 hearing - October 2, 2009 Hearing transcript.
Prior to the October 2, 2009 hearing to enter the Order reflecting the ruling from the September 29, 2009 hearing, 3 drafts of orders were filed with the Court.
Two drafts from Mary Olga Lovett or Robert Ian Kuehm, Jr. and one draft from Walter Mahoney. Its important to mention that both drafts of the Orders filed by either Mary Olga Lovett or Robert Ian Kuehm, Jr. were signed by Mary Olga Lovett, via electronic signature, in which the father believes Mary Olga Lovett certified the information in both drafts were true and not false pursuant to Rule 13 of the Texas Rules of Civil Procedure. Please click on the following link to view Rule 13 of the TRCP - http://www.supreme.courts.state.tx.us/rules/trcp/trcp_part_1.pdf.
Rule 13 of the Texas Rules of Civil Procedure states the following:
RULE 13. EFFECT OF SIGNING PLEADINGS, MOTIONS AND OTHER PAPERS; SANCTIONS
The signatures of attorneys or parties constitute a certificate by them that they have read the pleading, motion, or other paper; that to the best of their knowledge, information, and belief formed after reasonable inquiry the instrument is not groundless and brought in bad faith or groundless and
brought for the purpose of harassment.
Attorneys or parties who shall bring a fictitious suit as an experiment to get an opinion of the court, or who shall file any fictitious pleading in a cause for such a purpose, or shall make statements in pleading which they know to be groundless and false, for the purpose of securing a delay of the trial of the cause, shall be held guilty of a contempt.
If a pleading, motion or other paper is signed in violation of this rule, the court, upon motion or upon its own initiative, after notice and hearing, shall impose an appropriate sanction available under Rule 215-2b, upon the person who signed it, a represented party, or both.
Courts shall presume that pleadings, motions, and other papers are filed in good faith. No sanctions under this rule may be imposed except for good cause, the particulars of which must be stated in the sanction order. "Groundless" for purposes of this rule means no basis in law or fact and not warranted by good faith argument for the extension, modification, or reversal of existing law. A general denial does not constitute a violation of this rule. The amount requested for damages does not constitute a violation of this rule.
The father believes that the first draft of the Order filed with the Court was filed on September 30, 2009 by either Mary Olga Lovett or Robert Ian Kuehm and can be found by clicking on the following link: 1st draft of Order. The father believes that the second draft of the Order was filed with the Court was filed on October 2, 2009 by Mary Olga Lovett or Robert Ian Kuehm, Jr. and can be found by clicking on the following link: 2nd Draft of Order. The draft of the Order that was filed by Walter Mahoney can be found by clicking on the following link: Draft of Order by Walter Mahoney.
The 1st draft of the Order filed on 9-30-09 by either Mary Olga Lovett or Robert Ian Kuehm contained 38 different Findings of Fact and 4 separate orders. The father believes that the problem with this 1st draft of the Order is that at the September 29, 2009 hearing, the Judge never recited any of the 38 Findings of Fact nor did the Judge recite or order 2 of the supposed orders on September 29, 2009 that either Mary Olga Lovett or Robert Ian Kuehm, Jr. drafted and filed with the court (Please see Findings 1-38 and Orders #3 & #4, 1st draft of Order). 1st draft of the order. It important to mention that Order #3 and Order #4 of the 1st Draft made no mention of extending the August 28, 2009 injunction against the parents visiting their child's school. A Response to the 1st Draft was filed by the father's attorney contesting the Findings and Orders in the 1st Draft. - Response to 1st Draft.
The father believes that either Mary Olga Lovett or Robert Ian Kuehm, Jr. realized that the 1st draft of the order contained inaccurate information because a day later, they drafted yet another draft (2nd Draft) of the Order that they filed with the Court. The 2nd draft of the Order was filed by either Mary Olga Lovett or Robert Ian Kuehm on October 2, 2009. This 2nd draft of the order also contained 38 different Findings of Fact and 4 separate Orders. 2nd Draft of Order. Again, like the 1st draft, the father believes that the problem with the 2nd draft of the Order is that Judge Bonnie Hellums never recited the 38 Findings of Fact nor did the Judge ever recite or render Orders #3 & #4 at the hearing on September 29, 2009. (Please see Findings 1-38 and Order #3 & #4, 2nd Draft of Order) A Supplemental Response to the 2nd Draft was filed by the father's attorney contesting the 2nd Draft. Supplemental Response to 2nd Draft.
Unbelievably, Order #4 of the 2nd draft (2nd Draft of the Order) of the Order mysteriously contained an order that extended the August 28, 2009 injunction against the parents from visiting their child's school. Order #4 that is located in the 2nd Draft wasn't in the 1st Draft of the order. The father believes that either Mary Olga Lovett or Robert Ian Kuehm, Jr. felt that it was appropriate to include a false order in the 2nd Draft of the Order, even though Judge Bonnie Hellums never ordered or even mentioned the August 28, 2009 Injunction, let alone extend the August 28, 2009 Injunction at the September 29, 2009 hearing.
Please keep in mind that Mary Olga Lovett signed, via electronic signature, both the 1st and 2nd drafts of the orders and filed them with the court certifying to the Court that the information in both drafts was true and not false pursuant to Rule 13 of the Texas Rules of Civil Procedure. Please click on the following link to view Rule 13 of TRCP - http://www.supreme.courts.state.tx.us/rules/trcp/trcp_part_1.pdf.
Questions:
(1) How is it possible that Mary Olga Lovett can sign and file drafts of proposed orders, certifying them to be true, that contain Findings of Fact and Orders that Mary Olga Lovett knows were not Findings of the Court or Orders of the Court because the proposed findings and proposed orders were never ordered of recited by the Court?
(2) How is it possible that Mary Olga Lovett, by signing and filing the drafts of the proposed orders, that Mary Olga Lovett would not be in violation of Rule 13 of TRCP by knowing that the representations regarding the Findings and Orders that were made in bad faith because both drafts of the proposed orders contained Findings and Orders that were never recited or ordered by the Court?
According to the Rule 13 of the TRCP, if an attorney files and signs a pleading that they know to contain false information, that attorney's conduct is in violation of Rule 13 TRCP and the attorney can be sanctioned.
At the September 29, 2009 hearing, Judge Bonnie Hellums never recited or ordered any of the 38 different findings of fact nor did Judge Bonnie Hellums recite or order 2 of the 4 orders that Mary Olga Lovett or Robert Ian Kuehm, Jr. claim were recited and ordered in both drafts of the proposed orders that they filed with the Court.
The fact the none of the Findings or Orders #3 & #4 in the 2nd draft of the Order were never ordered or recited by the Court can be validated by reviewing the transcript from September 29, 2009 hearing - September 29, 2009 hearing transcript.
Judge Hellums did not sign an order at the October 2, 2009 hearing because she stated that the father's attorney, Walter Mahoney needed to be present when she signed an order. (See page 8 of the 10-2-09 transcript, Lines 16-17) - October 2, 2009 hearing transcript.
DISCLAIMER: It is important for all who read the information on this website to understand that these are the OPINIONS of the father based on the evidence provided.
If you have any comments that you would like to make or issues that you would like to discuss, please go to the father's blog at the following link. Father's Blog.