FILED

DALLAS COUNTY
12/28/2015 11:14:38 AM
FELICIA PITRE
DISTRICT CLERK

NO. DC-15-13993
CITY OF DALLAS
Plaintiff,

v.
DENNIS TOPLETZ, ET AL.
Defendant.

IN THE DISTRICT COURT

193RD-L JUDICIAL DISTRICT

OF DALLAS COUNTY, TEXAS

DEFENDANT'S ORIGINAL ANSWER

NOW COMES Defendant, Marvin Levin, one of the named Defendants in the above-

entitled and numbered cause, and files this Original Answer, and shows the Court:
PARTY IDENTIFICATION INFORMATION

The last three numbers of Marvin Levin's driver's license number are 10 1. The last three
numbers of Marvin Levin's social security number are 268.

OBJECTIONS AND EXCEPTIONS

1)

This Defendant objects and specially excepts to the allegations contained in Plaintiff's
Original Petition, and says that same, as to this Defendant, are too vague, indefinite
and uncertain, and do not properly apprise this Defendant of the claim which Plaintiff
is making against this Defendant, the specific times and places of the incidents
complained and the proof that will be offered on trial hereof with certain specificity
so as to properly allow your Defendant to determine the exact matter now in existence
and complained of as to this Defendant in order to allow Defendant, as an individual,
to prepare and present a proper defense thereto, of which special exceptions
Defendant prays judgment of the Court.

2) This Defendant objects and specially excepts to Plaintiff's paragraph 17, where Plaintiff
states " .... Marvin L Levin, both individually and as independent executor of the
Estate of Jack Topletz .... are hereinafter collectively referred to as 'Topletz'" for the
reason that this Defendant is not legally connected to the other named Defendants
named in such paragraph for purposes of this lawsuit and should not be "lumped" as
such, and should be stricken from this petition against this Defendant, of which
special exception this Defendant prays judgment of the Court.
3) This Defendant objects and specially excepts to Plaintiff's paragraph 18, stating "The real

property defendants listed in paragraphs 9-16 are hereinafter collectively referred to

as the "Defendant Properties." for the reason that it does not allege that this
Defendant has an interest in "all" of such "properties", but, in fact alleges multiple
and various individual ownerships of each of them, and should be stricken from this
petition against this Defendant, of which special exception this Defendant prays
judgment of the Court.
4) This Defendant objects and specially excepts to Plaintiff's paragraph 19, stating "The real

property defendants listed in "Exhibit 1 attached to this Petition are hereinafter

collectively referred to as the "Topletz Properties." for the reason that it does not
allege that this Defendant has an interest in "all" of such "properties", but, in fact
alleges multiple and various individual ownerships of each of them, and should be
stricken from this petition against this Defendant, of which special exception this
Defendant prays judgment of the Court.
5) This Defendant objects and specially excepts to Plaintiff's paragraphs 24 through 41 as to

each and every allegation therein contained in each and every one of such allegations

III

each paragraph, as to this Defendant, all of which are too vague, indefinite,

uncertain and global and does not give this Defendant fair, cognizable and adequate
notice of the facts and/or causes of action upon which the pleader bases its claim of
actions or inactions by this Defendant, and should be stricken from Plaintiff s
pleading, of which special exception this Defendant prays judgment of the Court.
6) This Defendant objects and specially excepts to Plaintiffs paragraphs 69 and 70 for the

reason that this Defendant is not an occupant of any of the homes alleged by Plaintiff
and the occupants and/or their family members or their representatives living in the
properties and maintaining it as their homes are not a party to this suit and such relief
would be in violation of their Constitutional right to privacy without notice, and
should be stricken from Plaintiff s pleading, of which special exception this
Defendant prays judgment of the Court.

GENERAL DENIAL
7) Without waiving the above objections and exceptions, but still insisting on same, for

Answer, if same is necessary, this Defendant denies each and every allegation of
Plaintiffs Original Petition, and demands strict proof thereof as required by the Texas
Rules of Civil Procedure.

DISCLOSURES
8) Pursuant to Tex. R. Civ. P., Rule 194, you are requested to disclose, within thirty (30)

days of service of this request, the information or material described in Tex. R. Civ.
P., Rules 194.2(a)-(f), and Ru1es 194.2(g), (h), (i) and (I).

PRAYER

Defendant prays the Court, after notice and hearing or trial, enters judgment in favor of
this Defendant, awards this Defendant the costs of court, attorney's fees, and such other and
further relief as Defendant may be entitled to in law or in equity.

Respectfully submitted,
LEVIN WEINBERG & LEVIN

By:

/r((};v>o,.; ~ ~:-J
Marvin L. Levin
Texas Bar No. 12255000
7509 Inwood Road, Suite 300
Dallas, Texas 75209
Tel. (214) 350-7048
Fax (214) 748-7048
Attomey for Defendant
Marvin Levin

CERTIFICATE OF SERVICE
I certify that on December :28' 2015 a true and correct copy of Defendant's Original
Answer was served by fax on Warren M. S. Ernst, Dallas City Attorney at 1500 Marilla, 7BN,
Dallas, Texas, FAX# 214-670-0622.

Marviii L. Levin