Property Dispute Legal Battle

I need help answering and makeing a legal response to his discovery requests

TRENT HARDING’S FIRST WRITTEN DISCOVERY REQUESTS TO CHASE HARDING To: Chase Harding, pro se, * Ferguson Road, Dallas, Texas *. Pursuant to Rules *, *, and * of the Texas Rules of Civil Procedure, Trent Harding hereby serves on you the following written discovery requests, including requests for production, interrogatories, and requests for admission. You are required to serve responses within 30 days after service of these requests, and thereafter to supplement those responses, in accordance with the Texas Rules of Civil Procedure. Rule *.* Notice: Pursuant to Texas Rule of Civil Procedure *.*, please take notice that failure to respond timely or adequately may result in waiver of your objections to the requests herein. Rule *.* Notice: Pursuant to Texas Rule of Civil Procedure *.*, please take notice that any documents produced by Chase Harding may be used as evidence in this action. Rule *.* Notice: Pursuant to Texas Rule of Civil Procedure *.*, please take notice that failure to timely respond to the requests for admission herein shall result in such requests being deemed admitted. INSTRUCTIONS AND DEFINITIONS *. Electronic or Magnetic Data. These discovery requests include any responsive data or information that exists in electronic or magnetic form, including computer files, electronic transmissions, emails, and metadata. Electronic or magnetic data or information should be produced by being saved to a portable hard drive, or produced via upload in its native format. *. “Monica” or “Decedent” means Monica Harding. *. “Ferguson Homestead” means the real property and improvements found at * Ferguson Road, Dallas, Texas *. *. “Ferguson Deed” means deed you contend conveys Monica’s interest in the Ferguson Homestead to you. *. The term “Person” includes any natural person, any entity of any kind, any trust or person acting in the capacity of a trustee, any estate or person acting in the capacity of executor or administrator, and any government entity or agency. *. The term “employment” includes both traditional employer-employee relationships and independent contractor relationships. *. If there is more than one version of a document (e.g., draft and final versions, or copies with and without notes or markings) then a request for that document includes a request for all versions of that document. *. The term “identify” means to provide: (a) when used with respect to a person, the person’s full name, address, and telephone number, along with any other available contact information; (b) when used with respect to an entity, the entity’s full legal name, and the address and telephone number of its place of business or principal office; (c) when used with respect to a document, the name or title of the document, the author or person who prepared it, the person(s) to whom it was addressed, and the date on which it was written or created. *. “Communications” means any written or electronically transmitted or stored communication. Without limiting the foregoing, “Communications” includes letters, notes, faxes, memoranda, e-mail, text messages, or instant messages, including deleted versions of any such letters, notes, faxes, memoranda, e-mail, text messages, or instant messages. “Communications” also includes e-mails or other electronic communications that have been deleted. *. A request for Communications with a person includes Communications with that person’s employees, agents, representatives, attorneys, officers, directors, or managers. *. A request for Communications “between” two persons includes all Communications sent by one of those persons to the other person, regardless of whether the Communications was sent to other parties. *. A request for Communications between Defendants and another person includes Communications between either Defendant and that other person, or both Defendants and that other person. *. A request for an “agreement” or “contract” includes any exhibits, attachments, amendments, supplements, or modifications to that agreement or contract. *. “Document” or “documents” means all documents and tangible things as defined in Texas Rule of Civil Procedure *.*(b), including, but not limited to original written, recorded, or graphic matter whatsoever and all non-identical copies thereof, including, but not limited to, charts, records, notes, papers, books, , letters, photographs, tangible things, correspondence, communications, telegrams, cables, telex messages, memoranda, , notations, work papers, transcripts, minutes, reports and recordings of in-person, telephone or other visits, conversations, or interviews, or of conferences or of other meetings, including lab results, scans, x-rays, prescriptions, drawings, graphics, charts, blueprints, sketches, affidavits, statements, summaries, opinions, reports, studies, analyses, valuations, contracts, agreements, jottings, agendas, bulletins, notices, announcements, instructions, publications, schedules, price lists, client lists, journals, statistical records, desk calendars, appointment books, diaries, lists, tabulations, sound recordings, computer print-outs, data processing programs, data processing input and output, microfilm, books of account, all records and invoices reflecting business operations, all records kept by electronic, photographic, or mechanical means, any notes or drafts relating to the foregoing, however denominated. In all cases where originals or non-identical copies are not available, “documents” also means identical copies thereof. Document includes information that exists in electronic or magnetic form. *. The term “including,” or variants thereof, means “including, without limitation.” *. Computer-based information: In those instances where requested information is stored only on software or other data compilations, the responding party should either produce the raw data along with all codes and programs for translating it into usable form or produce the information in a finished usable form, which would include all necessary glossaries, keys and indices for interpretation of material. *. DOCUMENT DESTRUCTION: IT IS REQUESTED THAT ALL DOCUMENTS AND/OR OTHER DATA COMPILATIONS WHICH MIGHT IMPACT ON THE SUBJECT MATTER OF THE LITIGATION BE PRESERVED AND THAT ANY ONGOING PROCESS OF DOCUMENT DESTRUCTION INVOLVING SUCH DOCUMENTS CEASE PURSUANT TO TEXAS PENAL CODE ANN. §*.*, WHEREIN THE ACT OF CONCEALING OR DESTROYING A DOCUMENT WITH THE INTENT TO IMPAIR ITS AVAILABILITY AS EVIDENCE IN ANY OFFICIAL PROCEEDING IS A CRIMINAL OFFENSE. IN THOSE INSTANCES WHERE DOCUMENT DESTRUCTION HAS ALREADY TAKEN PLACE, IT IS REQUESTED THAT THE DOCUMENTS THAT WOULD HAVE BEEN RELEVANT TO THE FOLLOWING DISCOVERY REQUESTS BE IDENTIFIED AS WELL AS THE DATE OF DESTRUCTION AND THE INDIVIDUAL AUTHORIZING, ORDERING, AND/OR CARRYING OUT THE DESTRUCTION. *. Pursuant to rule *.* of the Texas Rules of Civil Procedure, any documents produced may be used in any pretrial proceeding or at trial. Production of any documents, in response to any request herein, authenticates the document(s) for use against you in any pretrial proceeding or at trial unless, within ten (*) days after our receipt of your responses (including supplemental or amended responses) you object to the authenticity of any documents produced, or any part thereof, stating the specific basis for the objection. *. Pursuant to § *.* of the Texas Business Organizations Code “Electronic transmission” means a form of communication that: (A) does not directly involve the physical transmission of paper; (B) creates a record that may be retained, retrieved, and reviewed by the recipient; and (C) may be directly reproduced in paper form by the recipient through an automated process. *. Pursuant to § *.* of the Texas Business Organizations Code “writing” or “written” means an expression of words, letters, characters, numbers, symbols, figures, or other textual information that is inscribed on a tangible medium or that is stored in an electronic or other medium that is retrievable in a perceivable form. Unless the context requires otherwise, the term includes stored or transmitted electronic data, electronic transmissions, and reproductions of writings. INTERROGATORIES Pursuant to Texas Rule of Civil Procedure *, you are hereby requested to answer the following interrogatories, verified and under oath, within the time specified above. *. Pursuant to Texas Rule of Civil Procedure *.*(d), identify each person who is expected to be called to testify at trial. This interrogatory does not include rebuttal or impeaching witnesses the necessity of whose testimony cannot reasonably be anticipated before trial. *. Identify each consulting expert whose mental impressions or opinions have been reviewed by a testifying expert, and provide for each such expert the information set forth in Texas Rule of Civil Procedure *.*(e)(*) – (*). *. Identify the person whom you believe Trent Harding was married to at the time of Monica Harding’s death. *. Identify each instance you have been accused of a crime by providing (a) the alleged crime; (b) the alleged victim; (c) the law enforcement office responsible for investigating the crime, if any; (d) the court in which charges were filed, if any; and (e) the case number of the criminal proceedings for the alleged crime. *. Identify all property—real or personal, tangible or intangible—that you received from Monica Harding or her estate within the last five years. *. Identify all statutes or agreements that support your claim for reimbursement of attorney’s fees. REQUESTS FOR PRODUCTION Pursuant to Texas Rule of Civil Procedure *, you are requested to produce the following documents or tangible things: *. All documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for a discoverable consulting expert in anticipation of a testifying expert’s testimony. (For purposes of this request, “discoverable consulting expert” means a consulting expert whose mental impressions or opinions have been reviewed by a testifying expert.) *. All your exhibits for trial in this cause. *. All documents that support your claims and defenses in this lawsuit. *. All documents that support your claim that the Ferguson Homestead was Monica Harding’s separate property. *. All documents that reflect Trent Harding’s marriage to Monica Harding. *. All documents that reflect Trent Harding’s marriage to any person other than Monica Harding. *. All documents that support your claim that Monica Harding deeded the Ferguson Homestead to you. *. All emails, text messages, or other communications from Trent Harding regarding the Ferguson Homestead. *. All emails, text messages, or other communications from Trent Harding regarding the Monica Harding. *. All emails, text messages, or other communications from Monica Harding regarding the Ferguson Homestead. *. All emails, text messages, or other communications from Monica Harding regarding Trent Harding. *. All emails, text messages, or other communications from any person regarding ownership of the Ferguson Homestead. *. All emails, text messages, or other communications from any person regarding ownership of the Ferguson Homestead. *. All emails, text messages, or other communications between you and law enforcement personnel regarding Trent Harding. *. All emails, text messages, or other communications from any person regarding Monica Harding’s estate planning. *. All emails, text messages, or other communications from any person regarding Monica Harding’s intentions for the distribution of her property. *. All emails, text messages, or other communications from any person regarding Trent Harding’s purported abandonment of the Ferguson Homestead. *. All documents that reflect the intentions of Monica Harding for the distribution of her property. *. All documents that purport to distribute the property of Monica Harding. *. All of Monica Harding’s estate planning documents. *. All video recordings that support your claims or defenses in this lawsuit. *. All audio recordings that support your claims or defenses in this lawsuit. *. All documents that support your claim that Monica Harding insisted to safeguard the Ferguson Homestead from potential instability arising from Trent Harding’s mental health challenges . *. All documents that reflect Monica’s intentions for distributing property. *. All documents that reflect Monica’s reasons for distributing property. *. All documents that comprise the “over * exhibits” referred to in the footnote on page * of your briefing regarding the temporary injunction in this cause. *. All engagement agreements with any attorney from which your claim for reimbursement of attorney’s fees arises. *. All invoices reflecting the attorney’s fees you seek to be reimbursed. *. All records of payment for any attorney’s fees you seek to be reimbursed. *. All records of payment for the Ferguson Homestead. *. All records of payment for debts secured by the Ferguson Homestead. *. All records of payment for improvements to the Ferguson Homestead. *. All records of payment for repairs to the Ferguson Homestead. *. All documents reflecting agreements you have made with any person related to this lawsuit. *. All documents reflecting agreements you have made with any person related to this lawsuit. *. All documents that support your claim that Trent Harding abandoned the Ferguson Homestead. *. All documents that reflect the transfer of ownership of any property owned by Monica Harding. REQUESTS FOR ADMISSION Pursuant to Texas Rule REQUESTS FOR PRODUCTION Pursuant to Texas Rule of Civil Procedure *, you are requested to produce the following documents or tangible things: *. All documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for a discoverable consulting expert in anticipation of a testifying expert’s testimony. (For purposes of this request, “discoverable consulting expert” means a consulting expert whose mental impressions or opinions have been reviewed by a testifying expert.) *. All your exhibits for trial in this cause. *. All documents that support your claims and defenses in this lawsuit. *. All documents that support your claim that the Ferguson Homestead was Monica Harding’s separate property. *. All documents that reflect Trent Harding’s marriage to Monica Harding. *. All documents that reflect Trent Harding’s marriage to any person other than Monica Harding. *. All documents that support your claim that Monica Harding deeded the Ferguson Homestead to you. *. All emails, text messages, or other communications from Trent Harding regarding the Ferguson Homestead. *. All emails, text messages, or other communications from Trent Harding regarding the Monica Harding. *. All emails, text messages, or other communications from Monica Harding regarding the Ferguson Homestead. *. All emails, text messages, or other communications from Monica Harding regarding Trent Harding. *. All emails, text messages, or other communications from any person regarding ownership of the Ferguson Homestead. *. All emails, text messages, or other communications from any person regarding ownership of the Ferguson Homestead. *. All emails, text messages, or other communications between you and law enforcement personnel regarding Trent Harding. *. All emails, text messages, or other communications from any person regarding Monica Harding’s estate planning. *. All emails, text messages, or other communications from any person regarding Monica Harding’s intentions for the distribution of her property. *. All emails, text messages, or other communications from any person regarding Trent Harding’s purported abandonment of the Ferguson Homestead. *. All documents that reflect the intentions of Monica Harding for the distribution of her property. *. All documents that purport to distribute the property of Monica Harding. *. All of Monica Harding’s estate planning documents. *. All video recordings that support your claims or defenses in this lawsuit. *. All audio recordings that support your claims or defenses in this lawsuit. *. All documents that support your claim that Monica Harding insisted to safeguard the Ferguson Homestead from potential instability arising from Trent Harding’s mental health challenges . *. All documents that reflect Monica’s intentions for distributing property. *. All documents that reflect Monica’s reasons for distributing property. *. All documents that comprise the “over * exhibits” referred to in the footnote on page * of your briefing regarding the temporary injunction in this cause. *. All engagement agreements with any attorney from which your claim for reimbursement of attorney’s fees arises. *. All invoices reflecting the attorney’s fees you seek to be reimbursed. *. All records of payment for any attorney’s fees you seek to be reimbursed. *. All records of payment for the Ferguson Homestead. *. All records of payment for debts secured by the Ferguson Homestead. *. All records of payment for improvements to the Ferguson Homestead. *. All records of payment for repairs to the Ferguson Homestead. *. All documents reflecting agreements you have made with any person related to this lawsuit. *. All documents reflecting agreements you have made with any person related to this lawsuit. *. All documents that support your claim that Trent Harding abandoned the Ferguson Homestead. *. All documents that reflect the transfer of ownership of any property owned by Monica Harding. Civil Procedure, you are requested to admit the truth of the following matters within 30 days: *. Trent Harding was gainfully employed at any time following the purchase of the Ferguson Homestead. *. Trent Harding’s income was used to pay for debt secured by the Ferguson Homestead. *. The Ferguson Homestead was the community property of Trent and Monica Harding at the time of Monica’s death. *. Trent Harding retains a community property interest in the Ferguson Homestead. *. Trent Harding resided at the Ferguson Homestead at the time of Monica’s death. *. Trent Harding has never abandoned the Ferguson Homestead. *. You are in possession of the Ferguson Homestead. *. You conveyed to Chance Harding that you were going to employ illegal tactics to securean interest in the Ferguson Homestead. *. Monica Harding did not execute the Ferguson Deed. *. Trent Harding did not execute the Ferguson Deed. *. You denied Trent Harding access to the Ferguson Homestead. *. You claim you are the sole owner of the Ferguson Homestead.

Yes in Texas

Give me example

Answer * through *

Now i need to brainstorm requests for productions questions to ask him

I need * please

Im chase harding

Requests for admissions

DEFENDANT CHASE HARDING’S BRIEF IN SUPPORT OF DENYING TEMPORARY INJUNCTION AND RESPONSE TO COURT’S REOUEST FOR ISSUE-BASED BRIEFING TO THE HONORABLE JUDGE OF SAID COURT: I. INTRODUCTION Plaintiff, Trent Harding, represented by counsel Matthew Bourke, seeks Temporary Injunction against Defendant Chase Harding, represented by counsel Clint C. Brown, in the ongoing legal dispute over the Ferguson home. This briefing presents the compelling reasons why the Court should deny Plaintiff’s motion for Temporary Injunction and uphold Chase Harding’s rights to the property. II. PROCEDURAL HISTORY l. This motion is filed in accordance with Article *.* of the Texas Code of Criminal Procedure, applicable statutes from the Texas Rules ofCivil Procedure, Texas Probate Code, Texas Family Code, and specific articles of the Constitution of the State of Texas. *. Counsel for Defendant was involved in Hearing on April *, * in Cause number DC-D202100994 in the 18th Judicial District Court Johnson County. Said hearing constituted an emergency conflict unknown to attorney Brown at the time the Court set the hearing in thecase at bar. It should be noted that the Court permitted Attorney Brown to virtually appear via Zoom conference in lieu of rescheduling the hearing or delaying same.*. It is of further interest that, while Attorney Brown was permitted to appear for Court Via Zoom, no motion was made by Counsel for the Plaintiff to permit his client, Trent Harding, to also appear before the Court using Zoom or similar Video-conferencing technology. The record reveals that Mr. Harding did not appear at all during the Temporary Injunction hearing and merely sent his daughter Cheyenne Harding, to appear in his stead. Defendant would posit that, by the mere failure of counsel for Plaintiff Trent Harding to make accommodations for his own client to appear before the Judge constitutes sufficient grounds for dismissing Plaintiff motion in its entirety. Effectively, without client to personally prove-up and enter evidence into the Court’s record, Plaintiffs case de facto fails to meet the evidentiary requirements of the Texas Probate Code, the Texas Family Code, and selections fiom the Texas Rules of Civil Procedure to establish bona fide case in chief. *. Attorney Brown timely filed Motion for Continuance which urged the Court to consider rescheduling the Temporary Injunction hearing due to Brown’s unavailability. Despite repeated objections from opposing counsel who insisted the Temporary Injunction hearing proceed as scheduled, attorney Brown appeared Via Zoom and was able to provide his client, the Defendant, Chase Harding, with meaningful representation albeit remote. *. Unfortunately, Attorney Brown was unable to reach an agreement with counsel to reschedule the hearing. Counsel for Plaintiff was initially amenable to prompt mediation in this case; however, just prior to the hearing date, attorney for Plaintiff indicated to Attorney Brown that Trent Harding no longer desired to agree to mediate. Attorney Brown surmises that this shift in motive was prompted by Brown’s announcement that he would not be available to attend the hearing on April 22nd. In summary, Attorney Brown feared that, should his Motion for Continuance be denied, and he remain unavailable for the hearing, the matter couldpotentially result in default ruling favoring Trent Harding. Because Judge Warren permitted an impromptu appearance by Brown and, ultimately, an extension on his opportunity to brief the legal issues at hand, Brown feels that his client was able to obtain effective representation at the Temporary Injunction hearing. *. Because Attorney Brown filed Motionfor Continuance and only appeared Virtually, he was unable to effectively provide the Court with evidence needed by the Judge to correctly evaluate the legal position of the Defendant. It should be noted that multiple exhibits supporting Chase Harding’s position exist and can be provided to both counsel and the Court for consideration, should the Court request same. Amongst those exhibits are Protected Health Information (“PHI”) documents which would require that Mr. Trent Harding, or his authorized Power of Attorney, execute valid HIPPA release permitting the Court and counsel to View otherwise sensitive records. *. Following the presentation of argument and evidence from both attorneys, the Honorable Ingrid Warren, Judge presiding over Probate Court #* in Dallas County, Texas, indicated to the parties that she was inclined to deny Temporary Injunction, but would afford both attorneys the opportunity to brief significant can legal issues for the Court’s final consideration. What follows is an analysis ofthe caselaw and application of caselaw to facts in response to Judge Warren’s request. III. FACTUAL HISTORY Monica Harding, beloved mother of three children, tragically passed away, leaving her surviving spouse, Trent Harding, and their children, including Chase Harding, to navigate the aftermath of her untimely death. Amidst the grief, Trent Harding's longstanding history of mental illness, specifically diagnosed as manic bipolar schizophrenia, added layers of complexity to the family's already challenging circumstances.Trent's struggle with mental health manifested in erratic behavior and substance abuse, including the use of marijuana, methamphetamine, alprazolam, crack cocaine and other substances. As Monica‘s passing left Trent Harding as the surviving spouse, the fate of the family‘s homestead, located at * Ferguson Road, Dallas, Texas *, became focal point of legal contention. Monica had been deeded her interest in the Ferguson home, and just prior to Trent‘s return from mental illness warrant proceedings, she took proactive steps to ensure the property's future by conveying her interest to Chase Harding Via ladybird deed. This decision, made at Monica's insistence and despite Trent's opposition, aimed to safeguard the Ferguson home from potential instability arising from Trent's mental health challenges. However, tensions Within the family escalated following Monica‘s passing, exacerbated by Trent's deteriorating mental state and substance abuse issues. Chase Harding, in his efforts to protect his family‘s interests and maintain stability, found himself embroiled in legal battle against his own father. The situation took dramatic turn when Trent Harding was arrested for assault family Violence, leading to bond conditions that prohibited him from coming into contact with Chase or the Ferguson home. IV. ISSUES AND ANALYSIS *. The Probate Court Lacks Jurisdiction. It is imperative to note that this case falls under the jurisdiction of the probate court, as it pertains to matters concerning estates, wills, and property distribution following the passing of Monica Harding. However, the Plaintiff has filed this motion for Temporary Injunction in court which lacks the requisite jurisdiction found in Criminal or Family Law District Courts which permits the Judge or Magistrate to consider evidence of family Violence, the frequency and cadence of the alleged events, the likelihood that it will occur again, and the safety and overall best interest of the human lives that reside in the subject dwelling. See Ex garte McCardle, where the Court held that jurisdictional errors are fundamental and must be corrected to ensure the proper administration ofjustice. This fundamental error in jurisdiction raises serious doubts about the validity of the proceedings and the court’s authority to adjudicate on the issues raised by the Plaintiff. As such, the motion for Temporary Injunction should be denied and/or transferred to the appropriate court of competent jurisdiction for evaluation of the relief sought. Failure to Provide Supporting Documentation: Plaintiffs failure, through counsel Matthew Bourke, to provide essential documentation supporting his claim for Temporary Injunction undermines the integrity of his case. Without documentation and evidentiary proof to substantiate the Plaintiff’s claim, the court’s record appears devoid of any substantial evidence to support the arguments made by Plaintiff’s counsel, and with clear and convincing burden of proof, mere words alone cannot rise to the level needed to support verdict made within the discretion of the Court’s duly elected District Judge. See Fisher v. University of Texas at Austin, where the Court held that failure to provide necessary documentation can result in the dismissal of case due to lack of evidence.Violation of Due of Process: Plaintiff‘s counsel failed to ensure Trent Harding‘s appearance before the Court Via Video conferencing technology, decision that constitutes Violation of the Plaintiff’s due process rights, specifically the right to be seen and heard, and the right to be present and subject to cross examination. When he chose to not appear and instead be represented by proxy, using his biological daughter, Cheyenne and his own attorney in his stead, Plaintiff Trent Harding inherently gave rise to concerns about the integrity of the proceedings and the seriousness of the allegations made against Chase Harding. Without Trent Harding‘s personal presence to provide testimony and evidence, the credibility and weight of the claims made in the motion for Temporary Injunction are called into question. See generally Haddock v. State, where the Court emphasized the importance of due process and the right to fair trial, including the right to present evidence and testimony in person. *. Encumbered Representation: Attorney Clint Brown was unable to physically attend the proceedings due to scheduling conflict not known to attorney Brown until two days prior to the hearing when Brown was appointed to work on child endangerment matter in Johnson County, Texas, county almost * miles away from Dallas. Brown’s inability to attend the hearing, While posing challenge for the Court and Brown personally, mainly worked to handicap his ability to fill the record with Chase Harding’s collection of highly-pertinent evidence". Such evidence includes deeds, Chase Harding has over * exhibits that complete the story and timeline of events as they unfolded in this case, but lacked the timeframe Via continuance or other means to file same with Business Records Affidavits 14 days prior to the hearing, or obtain certified copies of said instruments so as to overcome hearsay objections and ultimate exclusion form the record. If the Court directs the Defendant for same, said exhibits can be provided to the Court and counsel in an effort to prove the chain of title and passing Via gifi and later ladybird deed. The insurance proceeds documents show the large sums of cash the Plaintiff obtained from his deceased wife’s insurance proceeds, cash needed in partransfers of deeds, [is pendence documentation, loan documentation, instruments evidencing Trent and Monica’s marriage, evidence showing the way Federal Income Taxes were filed, evidences of Trent Harding’s inability to contract or make legal decisions due to incapacitation, photos, videos, and other such documentation that if permitted to be supplemented to this brief would show the Court richly-documented story of the Harding family and their ongoing grappling with Trent Harding’s mental health issues, and shifting interfamily dynamics, conflict, and ultimate loyalty as portrayed through videographic and photograph evidence, sound evidence, and the like. In the present matter, because the Plaintiff bore the burden of proof to show with clear and convincing evidence the need for remedy so drastic and so necessary that no other option available in law or equity would stop otherwise irreparable harm. See Powell v. Alabama, where the United States Supreme Court held that effective representation is fundamental right guaranteed by the Constitution, and encumbered representation can lead to reversible errors in court proceedings. V. REQUESTED RELIEF REQUEST FOR ATTORNEY’S FEES Defendant Chase Harding hereby requests that the Court DENY Plaintiff Trent Harding’s Application for Temporary Injunction, as such relief is not remedy that is appropriate under the circumstances and facts, nor it is obtainable in the present Court due to it standing as collateral attack on another Dallas Court’s prior findings and mechanism by which Defendant’s childhood to fund the Defendant’s legal battle in this Court against his own father. And no hardship can exist if funding for hotel is had by means of life insurance proceeds. In fact, the Plaintiff ostensibly paid great sum of money for his legal representation and to post bond in the Registry of this Court. In the case of McIntire v. McIntire, the court emphasized the fiduciary duty of beneficiary to use insurance proceeds for the benefit ofthe estate and beneficiaries, not for personal litigation expenses. Unfortunately, the unexpected last-minute unavailability of attorney Brown due to circumstances beyond his control created an obstacle that prevented his presentation of facts and evidence from wholly thorough and complete. home, taxes and HELOC mortgage all paid by son Chase Harding, would otherwise return to the Plaintiff and serve as reward despite father Harding’s negligence of the property and overall efforts to systematically destroy the property due to longstanding mental health issues and disillusioned marriage that ended in Monica’s unfortunate and untimely death. Finally, Chase Harding’s counsel of record, Clint C. Brown, requests the sum of seven thousand five hundred dollars an no-cents ($*,*.*) to cover Chase Harding’s retainer requirement with his engagement letter signed with the firm, out of pocket expenses for hearing preparation, ordering of copies of deed records, transcripts, medical records, issuance of subpoenas, and other related expenses, as well as professional fees to compensate Mr. Brown for over * hours of work at the rate of $* per hour. Texas Probate Courts are authorized by statute to pay reasonable and necessary attomey’s fees to attorneys who participate in cases in good faith, abide by he Lawyer’s Creed, Mandatefor Professionalism, remain in good standing with the local and state Bars, and who exercise their utmost fiduciary diligence to use the fees in way that exemplifies stewardship and protection and preservation of the estate, the subject of the suit.In the present case, attorney Brown has written off over six hours of work done to research, learn, and understand the Harding family background and the various issues that followed Monica and Trent and their rearing of children including the Defendant before the Court today. Defendant Trent Harding has endeavored to preserve the house his maternal side of the family opted to leave for Monica. It was this very home that encouraged Monica to return to Texas and her beloved school teaching, which was her escape from otherwise difficult times with unpredictable emotions, outbursts, and fits ofrage at the hand ofher husband, Trent Harding. For the legacy of Ms. Harding and in light of the fact th_at his own father has received substantial proceeds from life insurance,Defendant seeks recovery of this fee for work done to date in this matter.