CV33467 . Filed for Record at 7I2612016 1:45:58 PM Kristie Montgomery Clerk of the District Court CAUSE N0. CV33467 Erath County. Texas THE STATE OF TEXAS V. 20.58 ACRES OF LAND AND IMPROVEMENTS LOCATED IN ERATH COUNTY, 21.76 ACRES OF LAND AND IMPROVEMENTS LOCATED IN ERATH COUNTY, AND 19.08 ACRES OF LAND AND IMPROVEMENTS LOCATED IN ERATH COUNTY, TEXAS IN THE DISTRICT COURT zoom 2215?" JUDICIAL DISTRICT ERATH COUNTY TEXAS N0 EVIDENCE MOTION FOR SUMMARY JUDGMENT Now come Consolidated Rural Properties, Ltd., Jay Dickens, Dana Dickens, and First State Bank of Central Texas and ?le this No Evidence Motion for Summary Judgment and would respectfully show as follows: Speci?c Summary Judgments Reguested This forfeiture proceeding is governed by the Texas Rules of Civil Procedure. Texas Criminal of Criminal Procedure Chapter 59. Pursuant to Rule 166a(i) Movants are entitled to a summary judgment under Rule 166a(i) without presenting any evidence. The State has the burden of proof on all issues. Texas Code of Criminal Procedure Art. 59.05. The State has no evidence on one or more of these essential elements of its claims: 1. That the property was acquired with the proceeds from the commission of a crime as required by Code of Criminal Procedure 59.01 2? That Movants used the Property or intended to use the Property in the commission of a crime as required by Code of Criminal Procedure 5901(2). MOTION FOR SUMMARY JUDGMENT P. 1 CONSOLIDATED RURAL PROPERTIES, LTD. Standard for No Evidence Summagy Judgment Once the plaintiff has had adequate time for discovery (in this case 6 months), the defendant may move for summary judgment because there is no evidence of any one or more essential element to the plaintiff?s claim. Tex. R. Civ. P. 166a(1); Gig of the Colony v. N. Tex. Mun. Water Dist., 272 699, 718 (Tex. App. Fort Worth 2008). lfthe motion states speci?cally the elements for which there is no evidence, the trial court must grant the motion unless the nonmovant produces summary judgment evidence that raises a genuine issue of material fact. The summary judgment evidence must ?rise to a level that would enable reasonable and fair-minded pcOple to differ in their conclusions?. The evidence must be legally competent, more than a scintilla or conclusively establish the opposite of the vital fact. King Ranch. Inc. v. Chapman, 118 742, 751 (Tex. 2003). The State?s Speci?c Problem In this particular case, the State has no evidence that Movants, who claim an ownership interest in the properties subject to this suit, committed any of the crimes required by Texas Code of Criminal Procedure 59. The State has seized the property for remedial reasons only which is speci?cally prohibited by the applicable law. WHEREFORE, PREMISES CONSIDERED, Consolidated Rural Properties, Ltd., Jay Dickens, Dana Dickens, and First State Bank of Central Texas seek a summary judgment dismissing all claims against the property and seek such other and further relief to which they may be entitled. MOTION FOR SUMMARY JUDGMENT P. 2 CONSOLIDATED RURAL PROPERTIES, LTD. Respectfully Submitted, NANCN . State Bar 0 00 PO. Box 5 112 Bell Street Hamilton, Texas 76531 254/386-8558 254/386?8548 (Fax) yateshamilton@gmail.com Attorney for Consolidated Rural Properties, Ltd., Jay Dickens, Dana Dickens, and First State Bank of Central Texas Certi?cate of Service I certify that a true copy of the above was served on M. Alan Nash via facsimile at 254-965-5543 in accordance with the Texas Rules of Civil Procedure on July 26, 2016. NANCVQ3NWN YATES The above motion is set for hearing on GOA 1.011: 30 2016 at . 219l- . . DO G.m .in the 226?? Judic1a1D1strict Court, Erath County, Texas. SIGNED on 7 apt; Judge or FILED FOR RECORD JUL 28 W15 MOTION FOR SUMMARY JUDGMENT P. 3 Wanda. 194,31: momma COURT tum CONSOLIDATED RURAL PROPERTIES, LTD.