DEFENDANTS SPECIAL APPEARANCE AND MOTION TO DISMISS ON PERSONAL JURISDICTION

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Cause No. 352-248169-10

BAT WORLD SANCTUARY and AMANDA

LOLLAR,

Plaintiffs,

vs.

MARY CUMMINS,

Defendant

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IN THE DISTRICT COURT

TARRANT COUNTY, TEXAS

DEFENDANTS SPECIAL APPEARANCE AND

MOTION TO DISMISS ON PERSONAL JURISDICTION

1. Special Appearance, First Appearance: Defendant Mary Cummins

(Defendant) makes her First Appearance pursuant to TRCP Rule 120a.

MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION

2. Defendant, without waiving any other defense or motion, respectfully

moves this court to dismiss the within case on the ground that it lacks

personal jurisdiction over Defendant. Defendant brings this motion on the

following grounds:

a. The service of citation and cause of action was incomplete to the

extent that Plaintiffs petition incorporated an Exhibit A alleged

contract which forms the basis of Plaintiffs claim of jurisdiction

over Defendant, as well as Plaintiff Bat Worlds contract claim against

Defendant. Because the service of complaint was not complete because a

full and accurate complaint was not served on Defendant, and therefore

should be quashed, this court has not taken personal jurisdiction over

defendant; and

DEFENDANTS SPECIAL APPEARANCE AND MOTION TO DISMISS ON PERSONAL JURISDICTION

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b. This Court lacks personal jurisdiction over Defendant because at

all material times Defendant was and is a resident and citizen of

California; Defendant has had no minimum contacts with the forum state

as required under Texas long-arm statute; and no contract was formed

between the plaintiffs and Defendant which would lend jurisdiction to

Texas as alleged in Plaintiffs complaint.

3. Defendant will support this motion with filed sworn affidavit(s) and

legal arguments to be filed separately with this court, and incorporates the

same herein.

4. Defendant respectfully requests that she be permitted to appear at any

oral arguments hearing(s) telephonically.

Dated this November 29, 2010

________________________________

Mary Cummins, Defendant Pro se

645 W 9th St, #110-140a

Los Angeles, CA 90015

Phone 310-877-4770

CERTIFICATE OF SERVICE

I, Mary Cummins, hereby certify that a TRUE COPY of the above DEFENDANTS

SPECIAL APPEARANCE AND MOTION TO DISMISS ON PERSONAL JURISDICTION was served

on the Plaintiffs Attorney of record by FAX and by FIRST CLASS MAIL at

Thomas W. Mackenzie

1800 N Norwood Dr Ste 100

Hurst, Texas 76054

Fax: 817-268-1563

this 29th Day of November, 2010

________________________________

Mary Cummins, Defendant Pro se

645 W 9th St, #110-140a

Los Angeles, CA 90015

Phone 310-877-4770