5/19/2015 3:26:27 PM
Chris Daniel - District Clerk Harris County
Envelope No. 5344985
By: Bonisha Evans
Filed: 5/19/2015 3:26:27 PM
CAUSE NO. 2015-25825
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V.
MARSHALL DAVIS BROWN, JR.
Defendant
IN THE DISTRICT COURT
295TH JUDICIAL DISTRICT
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PHILIP J. WALSH, III
Plaintiff
HARRIS COUNTY, TEXAS
DEFENDANT’S ANSWER, GENERAL DENIAL AND COUNTERPETITION
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Defendant, Marshall Davis Brown, Jr., files this Original Answer, General Denial, and
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Counterpetition to Plaintiff Philip J. Walsh’s original petition.
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Defendant generally denies the allegations in Plaintiff’s original petition and demands strict
Counter-Plaintiff, Marshall Davis Brown, Jr. asserts the following affirmative defenses
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2.!
Affirmative Defenses
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B.!
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proof of each and every allegation.
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General Denial
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A.!
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I.
GENERAL DENIAL AND DEFENSES
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relative to Walsh’s causes of action:
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.
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a.!
Walsh v. Brown
Answer, General Denial, and Counterpetition
—Page 1 of 5—
II.
COUNTERPETITION
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Factual Background
Counter-Plaintiff, Marshall Davis Brown, Jr., hereafter referred to as “Brown,” is a resident
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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.
Counter-Defendant, Philip J. Walsh, hereafter referred to as “Walsh,” is a resident of Harris
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4.!
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County, Texas with a history of fraudulent behavior in dealing with the court, domestic violence,
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Both Brown and Walsh are co-lessees of hunting rights to an over 5,600-acre property
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5.!
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“D-1” and incorporated as if set forth verbatim.
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and physical abuse against his former spouse. (See Affidavit of Sandy Walsh, attached as Exhibit
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known as the “Paysinger Ranch” in Zavala County, Texas, with Brown controlling a 30% interest
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on the leasehold and Walsh controlling 10% of the interest. On said premises, all lessees are
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permitted to maintain camp and lodging structures and to erect and use hunting blinds that are
exclusively owned by the respective lessees.
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Brown has, in the past, represented Walsh’s former spouse, Sandy Walsh. This has resulted
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in a significant ongoing conflict between the parties.
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
Walsh v. Brown
Answer, General Denial, and Counterpetition
—Page 2 of 5—
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
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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.
On the night of December 19, 2014, Walsh approached Brown and initiated an altercation
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10.!
1.!
Assault
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Counter-Plaintiff Marshal Davis Brown, Jr. asserts the cause of action of assault against
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Causes of Action
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which led to the exchange of physical contact and the loss of Brown’s prescription eye glasses.
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Philip Walsh, III. Specifically, Counter-Plaintiff alleges that:
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a.! The Counter-Defendant acted intentionally or knowingly;
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b.! The Counter-Defendant made contact with the Counter-Plaintiff person;
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c.! The Counter-Defendant knew or reasonably should have believed that the
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Counter-Plaintiff would regard the contact as offensive or provocative;
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d.! The Counter-Defendant contact caused injury to the Counter-Plaintiff.
Conversion
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.
Walsh v. Brown
Answer, General Denial, and Counterpetition
—Page 3 of 5—
b.! The property was personal property.
c.! The Counter-Defendant wrongfully exercised dominion or control over the
property.
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d.! The Counter-Plaintiff suffered injury.
III.
PRAYER
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For these reasons, Defendant asks that the Court enter judgment that Plaintiff take nothing
from his claims asserted in the instant cause.
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For these reasons, Counter-Plaintiff asks that the Court issue citation for Counter-
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Defendant to appear and answer, and that Counter-Plaintiff be awarded a judgment against
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Counter-Defendant for the following the causes of action pleaded by Counter-Plaintiff
By:
W. Matthew Waldrop
Texas Bar No. 24015178
Attorneys for Marshall Davis Brown, Jr.
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THE WALDROP LAW FIRM
815 Hawthorne
Houston, Texas 77006
Tel. (713) 522-9595
Email: info@waldroplawfirm.com
Walsh v. Brown
Answer, General Denial, and Counterpetition
—Page 4 of 5—
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the above was served on each attorney of record or
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party in accordance with the Texas Rules of Civil Procedure on May 19th
___, 2015
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W. Matthew Waldrop
Attorney for Marshall Davis Brown, Jr., Defendant
Walsh v. Brown
Answer, General Denial, and Counterpetition
—Page 5 of 5—