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1 5/19/2015 3:26:27 PM Chris Daniel - District Clerk Harris County Envelope No By: Bonisha Evans Filed: 5/19/2015 3:26:27 PM CAUSE NO PHILIP J. WALSH, III IN THE DISTRICT COURT Plaintiff V. 295TH JUDICIAL DISTRICT MARSHALL DAVIS BROWN, JR. Defendant HARRIS COUNTY, TEXAS DEFENDANT S ANSWER, GENERAL DENIAL AND COUNTERPETITION Defendant, Marshall Davis Brown, Jr., files this Original Answer, General Denial, and Counterpetition to Plaintiff Philip J. Walsh s original petition. A.! General Denial I. GENERAL DENIAL AND DEFENSES 1.! Defendant generally denies the allegations in Plaintiff s original petition and demands strict proof of each and every allegation. B.! Affirmative Defenses 2.! Counter-Plaintiff, Marshall Davis Brown, Jr. asserts the following affirmative defenses relative to Walsh s causes of action: a.! Defendant is not liable to Plaintiff because Plaintiff s own acts or omissions proximately caused or contributed to any injury Plaintiff might have sustained; b.! Defendant is not liable to plaintiff because plaintiff assumed the risk; c.! Alternatively, Brown is not liable to plaintiff for the amount of exemplary damages claimed because plaintiff provoked defendant s alleged acts; and d.! Brown is not liable to plaintiff because defendant s acts were justified. Answer, General Denial, and Counterpetition Page 1 of 5

2 II. COUNTERPETITION A.! Factual Background 3.! Counter-Plaintiff, Marshall Davis Brown, Jr., hereafter referred to as Brown, is a resident of Harris County, Texas and is a licensed attorney who represents Counter-Defendant Walsh s former wife in connection with damages she sustained as a result of Counter-Defendant Walsh s intentional conversion and hiding of community assets and funds from their previous marriage. 4.! Counter-Defendant, Philip J. Walsh, hereafter referred to as Walsh, is a resident of Harris County, Texas with a history of fraudulent behavior in dealing with the court, domestic violence, and physical abuse against his former spouse. (See Affidavit of Sandy Walsh, attached as Exhibit D-1 and incorporated as if set forth verbatim. 5.! Both Brown and Walsh are co-lessees of hunting rights to an over 5,600-acre property known as the Paysinger Ranch in Zavala County, Texas, with Brown controlling a 30% interest on the leasehold and Walsh controlling 10% of the interest. On said premises, all lessees are permitted to maintain camp and lodging structures and to erect and use hunting blinds that are exclusively owned by the respective lessees. 6.! Brown has, in the past, represented Walsh s former spouse, Sandy Walsh. This has resulted in a significant ongoing conflict between the parties. 7.! There has been a longstanding animosity between Brown and Walsh relating to two separate issues. Walsh has been angry at Brown in Brown s attempts through the courts to aid Walsh s former wife in attaining relief that she was denied in the divorce action between her and Walsh due to his fraud upon the court and her. (See Sandy Walsh Affidavit, Exhibit D-1 ) 8.! Walsh s actions prevented the District Court from making a just and fair decision of the Answer, General Denial, and Counterpetition Page 2 of 5

3 Community Estate as well as causing Ms. Walsh severe mental anguish. He placed her in physical danger, both at his own hands and those of his business associates. 9.! Additionally, there has been a longstanding conflict between the parties herein stemming from Walsh s repetitive use of personalty and structures owned exclusively by Brown and maintained on the leased premises. Walsh has been informed, on a reoccurring basis, that any use of Brown s property is unauthorized, yet, Walsh and those acting at his discretion have continued to wrongly use Brown s property. 10.! On the night of December 19, 2014, Walsh approached Brown and initiated an altercation which led to the exchange of physical contact and the loss of Brown s prescription eye glasses. B.! Causes of Action 1.! Assault 11.! Counter-Plaintiff Marshal Davis Brown, Jr. asserts the cause of action of assault against Philip Walsh, III. Specifically, Counter-Plaintiff alleges that: 2.! Conversion a.! The Counter-Defendant acted intentionally or knowingly; b.! The Counter-Defendant made contact with the Counter-Plaintiff person; c.! The Counter-Defendant knew or reasonably should have believed that the Counter-Plaintiff would regard the contact as offensive or provocative; d.! The Counter-Defendant contact caused injury to the Counter-Plaintiff. 12.! Counter-Plaintiff Marshal Davis Brown, Jr. asserts the cause of action of conversion against Philip Walsh, III. Specifically, Counter-Plaintiff alleges that: a.! The Counter-Plaintiff owned, possessed, or had the right to immediate possession of property. Answer, General Denial, and Counterpetition Page 3 of 5

4 b.! The property was personal property. c.! The Counter-Defendant wrongfully exercised dominion or control over the property. d.! The Counter-Plaintiff suffered injury. III. PRAYER 13.! For these reasons, Defendant asks that the Court enter judgment that Plaintiff take nothing from his claims asserted in the instant cause. 14.! For these reasons, Counter-Plaintiff asks that the Court issue citation for Counter- Defendant to appear and answer, and that Counter-Plaintiff be awarded a judgment against Counter-Defendant for the following the causes of action pleaded by Counter-Plaintiff THE WALDROP LAW FIRM 815 Hawthorne Houston, Texas Tel. (713) info@waldroplawfirm.com By: W. Matthew Waldrop Texas Bar No Attorneys for Marshall Davis Brown, Jr. Answer, General Denial, and Counterpetition Page 4 of 5

5 CERTIFICATE OF SERVICE I certify that a true and correct copy of the above was served on each attorney of record or party in accordance with the Texas Rules of Civil Procedure on May, 2015 W. Matthew Waldrop Attorney for Marshall Davis Brown, Jr., Defendant Answer, General Denial, and Counterpetition Page 5 of 5