CAUSE NO.

CV09786

WILLIAM D. WALLER, JR. § IN THE COUNTY COURT

Plaintiff §
§
VS. § AT LAW OF
§
SUSAN WALLER, DOROTHY REID §
WALLER and WALLER MEDIA, LLC §
Defendants § CHEROKEE COUNTY, TEXAS

DEFENDANTS’ PLEA IN ABATEMENT, MOTION TO DISMISS, AND, SUBJECT TO THE

FOREGOING, ORIGINAL ANSWER

Defendants file this Plea in Abatement, Motion to Dismiss, and, Subject to the Foregoing,

Original Answer, and show:

PLEA IN ABATEMENT

1. Plaintiff has filed suit against Defendants alleging numerous theories, including

fraud, felonies under the Texas Penal Code and United States Code, violations of the Hobbs Act,

suit on sworn account, breach of contract, quantum meruit, and potentially other theories, albeit

unclear from his pleadings. However, Plaintiff’s claims should be abated because there is a

previously filed and pending lawsuit with some of the above-named parties that involves many of

the same or similar allegations. This previously filed lawsuit is Cause Number 2016-11-0772, filed

in the 2nd Judicial District Court of Cherokee County, Texas. See attached Exhibit A, which is a

true and correct copy of the Plaintiff’s operative pleadings in Cause Number 2016-11-0772, which

is incorporated by reference to show the pending suit, the parties thereto and the claims asserted

therein by Plaintiff. This requires the Court to at least abate this case.

MOTION TO DISMISS

2. Accordingly, Defendants move to dismiss the petition on file herein for it appears

on the face of the petition in this case that there is another action pending between the same parties

Waller, Jr. v. Waller, et al. 
Defendants’ Plea in Abatement, Motion to Dismiss, and, Subject to the 
Forgoing, Original Answer   Page 1 
concerning many of the same events that are made the basis of Plaintiff’s petition in the District

Court action. The filing of this lawsuit is nothing but Plaintiff’s thinly-veiled attempt to avoid the

discovery cut-off in District Court. The District Court action is first-in-time and pending; and the

rights of the parties may be fully determined and adjudged in District Court. This requires the

Court to dismiss this action.

GENERAL DENIAL

3. In the alternative and without waiving the forgoing, Defendants deny, each and

every, all and singular, the allegations contained in Plaintiff’s Original Petition and demand strict

proof thereof, in accordance with Rule 92 of the Texas Rules of Civil Procedure.

VERIFIED DENIAL

4. Subject to and without waiving the forgoing Plea in Abatement, Motion to Dismiss,

and General Denial, Defendants specifically deny, pursuant to Rule 93(10) of the Texas Rules of

Civil Procedure, the “open” account which is the foundation of Plaintiff’s Suit on Sworn Account

against Defendants, and demand strict proof of all items in the account.

CONCLUSION AND PRAYER

5. It affirmatively appears that there is a prior-filed and pending suit in Cause Number

2016-11-0772, pending in the 2ND Judicial District Court of Cherokee County. The plaintiff in

both suits is the same person. And the defendants in Cause Number 2016-11-0772 are defendants

herein.

6. The prior-pending suit requires this Court to abate this case and, upon abatement,

dismiss this case.

Waller, Jr. v. Waller, et al. 
Defendants’ Plea in Abatement, Motion to Dismiss, and, Subject to the 
Forgoing, Original Answer   Page 2 
 7. Defendants pray that their Plea in Abatement and Motion to Dismiss be set for

hearing and that, following such hearing, the Court compel Plaintiff to proceed with his claims in

the previously-filed District Court action by dismissing this case.

8. Subject to Defendants’ Plea in Abatement and Motion to Dismiss, Defendants

request that, upon final hearing, Plaintiff take nothing by way of his claims and that Defendants

be awarded attorney fees and costs of Court and such other and further relief, both at law and in

equity, that they may show themselves justly entitled.

Respectfully submitted,

SLOAN, HATCHER, PERRY, RUNGE, ROBERTSON & SMITH

/s/ Micah L. Satterwhite

________________________________________
JOHN D. SLOAN, JR.
State Bar No. 18505100
jsloan@sloanfirm.com
MICAH L. SATTERWHITE
State Bar No. 24102463
msatterwhite@sloanfirm.com

P.O. Drawer 2909

Longview, Texas 75606
Telephone: 903-757-7000
Facsimile: 903-757-7574

ATTORNEYS FOR DEFENDANT SUSAN J. WALLER

and

AMENT PEACOCK

/s/ Nicholas S. Peacock

NICHOLAS S. PEACOCK
State Bar. No. 24048105
nick@amentpeacocklaw.com

Waller, Jr. v. Waller, et al. 
Defendants’ Plea in Abatement, Motion to Dismiss, and, Subject to the 
Forgoing, Original Answer   Page 3 
 P.O. Box 751
Jacksonville, TX 75766
Telephone: 903-586-3561
Facsimile: 903-586-7338

ATTORNEY FOR DEFENDANTS DOROTHY REID

WALLER & WALLER MEDIA, LLC

CERTIFICATE OF SERVICE
I hereby certify that pursuant to the Texas Rules of Civil Procedure a true and correct copy
of this document was served upon the following on this the 26st day of December, 2018:

William D. Waller, Jr.

11652 CR 2210
Tyler, TX 75701
Plaintiff, Pro Se

/s/ Micah L. Satterwhite

____________________________________
JOHN D. SLOAN, JR.
MICAH L. SATTERWHITE

Waller, Jr. v. Waller, et al. 
Defendants’ Plea in Abatement, Motion to Dismiss, and, Subject to the 
Forgoing, Original Answer   Page 4