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Saturday, November 14, 2009
Integration Clause: Purpose and Effect of Merger Clause in Contracts
Enforcing unambiguous contract (breach of contract cause of action)
In order to succeed on a breach of contract claim, [Plaintiff] would have had to prove that: (1) a valid contract existed; (2) it performed or tendered performance; (3) [Defendant] breached the contract; and (4) [Plaintiff] sustained damages as a result of the defendant's breach. Adams v. H & H Meat Prods., Inc., 41 S.W.3d 762, 771 (Tex. App.-Corpus Christi 2001, no pet.).
Netrana contends that it performed its obligations under the contract by "standing ready, willing, and able to perform professional services" and that TXU breached the guaranteed minimum payment provision of the contract. Thus, we look to the contract under our well recognized rules of contract construction to determine if a minimum payment provision existed in the amended agreement.
In construing a written contract, the primary concern is to ascertain and to give effect to the parties' intentions as expressed in the document. Frost Nat'l Bank v. L & F Distribs., Ltd., 165 S.W.3d 310, 311-12 (Tex. 2005). We consider the entire writing and attempt to harmonize and to give effect to all of the contract's provisions. Id. at 312.
We construe contracts "'from a utilitarian standpoint bearing in mind the particular business activity sought to be served'" and "'will avoid when possible and proper a construction which is unreasonable, inequitable, and oppressive.'" Id. (quoting Reilly v. Rangers Mgmt., Inc., 727 S.W.2d 527, 530 (Tex. 1987)). "
The language in a contract is to be given its plain grammatical meaning unless doing so would defeat the parties' intent." Amtech Elevator Servs. Co. v. CSFB 1998-P1 Buffalo Speedway Office Ltd. P'ship, 248 S.W.3d 373, 379 (Tex.App.-Houston [1st Dist.] 2007, no pet.).
If, after the pertinent rules of construction are applied, the contract can be given a definite or certain legal meaning, it is unambiguous, and we construe it as a matter of law. Frost Nat'l Bank, 165 S.W.3d at 312. However, if after such rules are applied, the meaning of the contract remains uncertain or is susceptible to more than one reasonable interpretation, it is ambiguous. Nat'l Union Fire Ins. Co. v. CBI Indus., Inc., 907 S.W.2d 517, 520 (Tex. 1995); Coker v. Coker, 650 S.W.2d 391, 393-94 (Tex. 1983).
If a contract is ambiguous, the contract's interpretation becomes a fact issue to be resolved by deciding the parties' true intent, for which the fact finder may consider extraneous evidence of intent. See Nat'l Union Fire Ins. Co., 907 S.W.2d at 520; Coker, 650 S.W.2d at 394-95.
Whether a contract is ambiguous is a question of law to be determined "by looking at the contract as a whole in light of the circumstances present when the contract was entered." Coker, 650 S.W.2d at 394.SOURCE: 13-08-00264-CV (13th Court of Appeals) (Nov. 12, 2009)
Intentional Misrepresentation akin to Fraud
Tuesday, November 10, 2009
Fraud in a Real Estate Transaction (statutory cause of action)
Section 27.01 of the business and commerce code provides:
(a) Fraud in a transaction involving real estate . . . consists of a
(1) false representation of a past or existing material fact, when the false representation is
(A) made to a person for the purpose of inducing that person to enter into a contract; and
(B) relied on by that person in entering into that contract . . . .
Tex. Bus. & Com. Code Ann. § 27.01 (West 2009).
Statute of Frauds: Sale of Real Property, Real Estate Transactions
Monday, November 9, 2009
Conversion and Civil Theft Claim Under Texas Statute
Theft as defined in Section 31.03 constitutes a single offense superseding the separate offenses previously known as theft, theft by false pretext, conversion by a bailee, theft from the person, shoplifting, acquisition of property by threat, swindling, swindling by worthless check, embezzlement, extortion, receiving or concealing embezzled property, and receiving or concealing stolen property.Tex. Penal Code Ann. § 31.02 (West 2003). CONVERSION - COMMON-LAW CAUSE OF ACTION Conversion is [...] a cause of action similar to theft or one means by which a person "unlawfully appropriates property with intent to deprive the owner of property." See id. § 31.03. Even though Karbach did not expressly allege a violation of the theft liability act in his original petition, he did allege conversion, and the district court granted summary judgment on that claim. As Karbach's amended petitions merely asserted the same claim in a different form, the district court's judgment was effective against Karbach's later-pleaded theft liability act claim. See Wortham, 179 S.W.3d at 202; Lampasas, 988 S.W.2d at 435-37. SOURCE: 03-06-00636-CV (3rd CoA - Austin) (Nov. 6, 2009)
Fraudulent Inducement Claim Is Similar to Fraud
Trust Fund Act: Civil Liabilty for Misapplication of Construction Trust Funds
The Texas Construction Trust Fund Act makes construction funds "trust funds" if the payments are made to a contractor or subcontractor or to an officer, director, or agent of a contractor or subcontractor, under a construction contract for the improvement of specific real property in this state. Tex. Prop. Code Ann. § 162.001 (West Supp. 2009). Beneficiaries of the trust fund include artisans, laborers, mechanics, contractors, subcontractors, or materialmen who furnish labor or material for the construction or repair of an improvement. Id. § 162.003 (West Supp. 2009).
A party who misapplies trust funds under the Trust Fund Act is subject to civil liability to trust fund beneficiaries whom the Act was designed to protect. Id. § 162.031 (West Supp. 2009); Dealers Elec. Supply Co. v. Scoggins Constr. Co., 52 Tex. Sup. Ct. J. 1088, 2009 Tex. LEXIS 475, at *16-17 (Tex. July 3, 2009).
SOURCE: 03-06-00636-CV (Austin Court of Appeals (11/6/09)
Elements of Suit on (Sworn) Account (Tex. R. Civ. P. 185)
The elements of a cause of action on a sworn account are (1) a sale and delivery of the goods; (2) that the amount of the account is just, that is, that the prices are charged in accordance with an agreement or, in the absence of an agreement, they are the usual customary and reasonable prices for those goods; and (3) that the amount is unpaid. See Site Work Group, Inc., 171 S.W.3d at 513–14; PennWell Corp., 123 S.W.3d at 766.
"A defendant's verified denial of the correctness of a plaintiff's sworn account, in the form required by Rule 185, destroys the evidentiary effect of the itemized account and forces the plaintiff to put on proof of its claim." Site Work Group, Inc. v. Chem. Lime Ltd., 171 S.W.3d 512, 513 (Tex. App.—Waco 2005, no pet.) (citing Rizk v. Fin. Guardian Ins. Agency, Inc., 584 S.W.2d 860, 862 (Tex. 1979)). However, even when a defendant verifies its sworn denial to a suit on a sworn account, a plaintiff may properly obtain a summary judgment on its sworn account claim by filing "legal and competent summary judgment evidence establishing the validity of its claim as a matter of law." PennWell Corp. v. Ken Assocs., Inc., 123 S.W.3d 756, 765 (Tex. App.—Houston [14th Dist.] 2003, pet. denied) (citing United Bus. Machs. v. Entm't Mktg., Inc., 792 S.W.2d 262, 264 (Tex. App.—Houston [1st Dist.] 1990, no writ)).
SOURCE: 01-08-00890-CV (Houston Court of Appeals - 1st District) (11/5/09)
|Texas of Rule 185 of the Texas Rules of Civil Procedure
Sunday, November 8, 2009
Tortious Interference with Prospective Business
Friday, November 6, 2009
CONVERSION of personal property TORT in Texas
"The unauthorized and wrongful assumption and exercise of dominion and control over the personal property of another, to the exclusion of or inconsistent with the owner's rights, is in law a conversion." Waisath v. Lack's Stores, Inc., 474 S.W.2d 444, 447 (Tex. 1971).
To establish a claim for conversion of personal property, a plaintiff must prove that: (1) the plaintiff owned or had legal possession of the property or entitlement to possession; (2) the defendant unlawfully and without authorization assumed and exercised dominion and control over the property to the exclusion of, or inconsistent with, the plaintiff's rights as an owner; (3) the plaintiff demanded return of the property; and (4) the defendant refused to return the property. See Smith v. Maximum Racing, Inc., 136 S.W.3d 337, 341 (Tex. App.--Austin 2004, no pet.).SOURCE: 03-09-00114-CV (Austin Court of Appeals) (11/6/09)
Oral Contract and Contract in Writing: The Meeting of the Minds on Essential Terms Element
The elements of a valid contract are (1) an offer, (2) an acceptance, (3) a meeting of the minds, (4) each party's consent to the terms, and (5) execution and delivery of the contract with the intent that it be mutual and binding. Prime Prods., Inc. v. S.S.I. Plastics, Inc., 97 S.W.3d 631, 636 (Tex. App.—Houston [1st Dist.] 2002, pet. denied).
The elements of written and oral contracts are the same and must be present for a contract to be binding. Wal-Mart Stores, Inc. v. Lopez, 93 S.W.3d 548, 555 (Tex. App.—Houston [14th Dist.] 2002, no pet.). For an agreement to be enforceable, there must be a meeting of the minds with respect to its subject matter and essential terms. Id. at 556.
The determination of a meeting of the minds, and thus offer and acceptance, is based on the objective standard of what the parties said and did. Id. The execution of a contract includes the performance of all acts necessary to render it complete as an instrument. Verson Allsteel Press Co. v. Carrier Corp., 718 S.W.2d 300, 303 (Tex. App.—Tyler 1985, writ ref'd n.r.e.) (per curiam). The question of whether a contract contains all the essential terms for it to be enforceable is a question of law. Beal Banks, S.S.B. v. Schleider, 124 S.W.3d 640, 654 n.8 (Tex. App.—Houston [14th Dist.] 2003, pet. denied). What terms are material or essential to a contract are determined on a contract-by-contract basis, depending on the subject matter of the contract at issue. T.O. Stanley Boot Co. v. Bank of El Paso, 847 S.W.2d 218, 221 (Tex. 1992) ("Each contract should be considered separately to determine its material terms.").
SOURCE: 01-09-00030-CV (First Court of Appeals) (11/5/09)
Elements of contract for sale
Wednesday, November 4, 2009
NEGLIGENCE: Negligent Creation of Dangerous Situation
A cause of action for negligence arises when an actor breaches a legal duty and the breach proximately causes damages. Columbia Med. Ctr. of Las Colinas, Inc. v. Hogue, 271 S.W.3d 238, 246 (Tex. 2008). Texas law generally imposes no duty to control the acts of another person to prevent harm to third parties absent certain special relationships or circumstances. Providence Health Ctr. v. Dowell, 262 S.W.3d 324, 331 (Tex. 2008); Torrington Co. v. Stutzman, 46 S.W.3d 829, 837 (Tex. 2000); see also Restatement (Second) of Torts § 315 (1965).
Examples of relationships that have been recognized as giving rise to a duty to control include employer/employee, parent/child, and independent contractor/contractee. Greater Houston Transp. Co. v. Phillips, 801 S.W.2d 523, 525 (Tex. 1990). A party who agrees to attempt to help someone else has a duty to provide that help without negligently harming the person in need. Torrington, 46 S.W.3d at 837-38; see also Restatement (Second) of Torts § 323. (2)
A party who negligently creates a dangerous situation has a duty to attempt to prevent injury to others if it reasonably appears or should appear to him that others in the exercise of their lawful rights may be injured thereby. SmithKline Beecham Corp. v. Doe, 903 S.W.2d 347, 353 (Tex. 1995) (citing Buchanan v. Rose, 159 S.W.2d 109, 110 (Tex. 1942)). However, a mere bystander who did not create a dangerous situation generally is not required to intervene and prevent injury to others. See id.; see also Restatement (Second) of Torts § 314 ("The fact that [an] actor realizes or should realize that action on his part is necessary for another's aid or protection does not of itself impose upon him a duty to take such action.").
Whether a legal duty exists is a question of law for the court. Trammell Crow Cent. Tex., Ltd. v. Gutierrez, 267 S.W.3d 9, 12 (Tex. 2008). In determining whether the defendant was under a duty, the court will consider several interrelated factors, including the risk, foreseeability, and likelihood of injury weighed against the social utility of the actor's conduct, the magnitude of the burden of guarding against the injury, and the consequences of placing the burden on the defendant. Phillips, 801 S.W.2d at 525.
Courts have also considered whether one party has superior knowledge of the risk, and whether a right to control the actor whose conduct precipitated the harm exists. Graff v. Beard, 858 S.W.2d 918, 920 (Tex. 1993). Appellants do not cite any authority establishing a legal duty by individuals to control the actions of a companion who is under the influence of drugs or similar behavior-altering substances. (3) Therefore, to hold that there is a duty in this case, we must interpret an existing duty to include the behavior described in the plaintiffs' pleadings or recognize a new duty under Texas law.SOURCE: 03-07-00251-CV (Austin Court of Appeals)(11/4/09)
Statute of Frauds: Conveyance of Mineral Interest
Monday, November 2, 2009
Declaratory Judgment under the Texas UDJA (DJA)
A declaratory judgment is appropriate only where there is a justiciable controversy about the rights and status of the parties and the declaration will resolve the controversy. Bonham State Bank, 907 S.W.2d at 467.
To constitute a justiciable controversy, there must exist a real and substantial controversy involving genuine conflict of tangible interests and not merely a theoretical dispute. Id. The Act does not empower courts to issue advisory opinions. Brooks v. Northglen Association, 141 S.W.3d 158, 164 (Tex. 2004).
In any proceeding under this chapter, the court may award costs and reasonable and necessary attorney's fees as are equitable and just.
Tex.Civ.Prac.&Rem.Code Ann. § 37.009.
In a declaratory judgment action, the decision to grant or deny attorney's fees is solely within the discretion of the trial court. Neeley v. West Orange-Cove Consolidated Independent School District, 176 S.W.3d 746, 799 (Tex. 2005).
Under Section 37.009, a trial court may exercise its discretion to award attorney's fees to either the prevailing or the nonprevailing party. See Barshop v. Medina County Underground Water Conservation District, 925 S.W.2d 618, 637-38 (Tex. 1996). The requirements that fees be reasonable and necessary are matters of fact, while the requirements that fees be equitable and just are matters of law. Bocquet v. Herring, 972 S.W.2d 19, 21 (Tex. 1998).
Accord and Satisfaction as Affirmative Defense to Debt Claim
Clean vs Unclean Hands Doctrine
One who seeks equity must do equity and must come to court with clean hands. See Dunnagan v. Watson, 204 S.W.3d 30, 41 (Tex. App.—Fort Worth 2006, pet. denied); Flores v. Flores, 116 S.W.3d 870, 876 (Tex. App.—Corpus Christi 2003, no pet.). Whether equitable relief should be denied based on unclean hands is left to the discretion of the trial court. Dunnagan, 204 S.W.3d at 41; Flores, 116 S.W.3d at 876. Mustang argues that Sinclair has unclean hands because he purportedly owned the Carter liens through prior dealings with Carter and that he also solicited perjured testimony regarding whether he was ready, willing, and able to perform under the contract.
The clean hands doctrine should not be applied unless the party asserting the doctrine has been seriously harmed and the wrong complained of cannot be corrected without the application of the doctrine. Dunnagan, 204 S.W.3d at 41. Even if we agreed that Sinclair had unclean hands, Mustang has made no claim or argument to this Court regarding any serious harm due to the misconduct, if any, of Sinclair. Therefore, Mustang's claim of unclean hands must fail.
SOURCE: 10-07-00362-CV (Waco Court of Appeals) (10/28/09)
Tortious (not tortuous) Interference with Business Relations (prospective)
SPECIFIC PERFORMANCE REMEDY (breach of contract)
Elements of Negligence Claim in Texas
ATTORNEY'S FEES: The American Rule (and its exceptions)
When is a broken promise actionable as fraud, rather than merely as a breach of contractual obligation?
Construction of Insurance Policy Is Analogous to Contract Interpretation
Thursday, October 29, 2009
The Defense of Substantial Truth to a Defamation Claim
To maintain a cause of action for defamation, a plaintiff must establish that the defendant (1) published a statement about the plaintiff; (2) that was defamatory; (3) while acting with either actual malice, if the plaintiff was a public official or public figure, or negligence, if the plaintiff was a private individual, regarding the truth of the statement. WFAA-TV v. McLemore, 978 S.W.2d 568, 571 (Tex. 1998); Henriquez v. Cemex Management, Inc., 177 S.W.3d 241, 251 (Tex. App.--Houston [1st Dist.] 2005, pet. denied); Grotti v. Belo Corp., 188 S.W.3d 768, 774 (Tex. App.--Fort Worth 2006, pet. denied). "
The truth of the statement in the publication on which an action for libel is based is a defense to the action." Tex. Civ. Prac. & Rem. Code Ann. § 73.005 (Vernon 2005).
A defendant may also defeat a libel claim by establishing the substantial truth of the statement. Grotti, 188 S.W.3d at 774 (citing McIlvain v. Jacobs, 794 S.W.2d 14, 15-16 (Tex. 1990)).
To determine if a publication is substantially true, "we consider whether the alleged defamatory statement was more damaging to the plaintiff's reputation, in the mind of the average person, than a truthful statement would have been," and "[w]e look at the 'gist' of the publication "to determine whether it is substantially true." Id. (citations omitted).
The defense of truth does not require proof that the alleged defamatory statement is literally true in every detail; substantial truth is sufficient. Gustafson v. City of Austin, 110 S.W.3d 652, 656 (Tex. App.--Austin 2003, pet. denied); Howell v. Hecht, 821 S.W.2d 627, 631-32 (Tex. App.--Dallas 1991, writ denied).
SOURCE: 01-08-00856-CV (First Court of Appeals-Houston)(10/29/09) (ample evidence substantiating the "gist" of the complained-of statements contained in the internet article)(defamation claim barred by the affirmative defense of substantial truth)
Elements of common-law fraud claim in Texas
Tuesday, October 27, 2009
Claim for LIQUIDATED and UNLIQUIDATED Damages in Default Judgment Context
A defendant who defaults admits all allegations of facts except unliquidated damages. See Holt Atherton Indus., Inc. v. Heine, 835 S.W.2d 80, 83 (Tex. 1992); Stoner v. Thompson, 578 S.W.2d 679, 684-85 (Tex. 1979).
When a plaintiff's claim is liquidated, and proven by an instrument in writing, the plaintiff may be awarded damages without the necessity of a hearing or the presentation of evidence. Burrows v. Bowden, 564 S.W.2d 474, 475 (Tex. Civ. App.-Corpus Christ 1978, no writ); Tex. R. Civ. P. 241.
A claim is liquidated if the amount of damages caused by the defendant can be accurately calculated from: (1) the factual, as opposed to conclusory, allegations in the petition, and (2) an instrument in writing. Freeman v. Leasing Assocs., Inc., 503 S.W.2d 406, 408 (Tex. Civ. App.-Houston [14th Dist.] 1973, no writ). A default judgment does not establish allegations pertaining to unliquidated damages. First Nat'l Bank of Irving v. Shockley, 663 S.W.2d 685, 689 (Tex. App.-Corpus Christi 1983, no writ). If damages are unliquidated or not proved by an instrument in writing, the court must hear evidence as to damages before a default judgment may be granted. Tex. R. Civ. P. 243.
ATTORNEYS FEES ARE UNLIQUIDATED (BUT CAN BE PROVEN UP BY AFFIDAVIT) Attorney's fees are by their very nature unliquidated. The reasonableness of attorney's fees, in the absence of a contract therefore, is a question of fact and is an unliquidated demand for which the trial court entering a default judgment should hear evidence. First Nat'l Bank of Irving, 663 S.W.2d at 691.
A trial court may be able to ascertain the amount of damages and attorney's fees in a default judgment based on a request for admissions. Sherman Acquisition II LP v. Garcia, 229 S.W.3d 802, 813 (Tex. App.-Waco 2007, no pet.). A plaintiff may serve a request for admissions as part of its petition, and when the defendant fails to file an answer or other response, those requests are deemed admitted. Id. at 811-12 (citing Tex. R. Civ. P. 198.2(c)). Deemed admissions may be employed as proof, and once admissions are deemed admitted by operation of law and where the admissions fully support each element of a cause of action, including damages, they will fully support a judgment based thereon. This is because unanswered requests for admissions are deemed admitted without the necessity of a court order and any matter thus admitted is conclusively established as being true. Id. at 812-13 (citing Tex. Rs. Civ. P. 198.2(c), 198.3). Thus, the facts admitted may not be contradicted by evidence at the trial. Id. at 813 (citing Marshall v. Vise, 767 S.W.2d 699, 700 (Tex. 1989)).
SOURCE: 05-07-01730-CV (Dallas Court of Appeals)(10/26/2009) (credit card debt suit)
Elements of Breach of Contract (breach of credit card agreement in debt collection suit)
The elements of a breach of contract claim are: (1) the existence of a valid contract; (2) performance or tender of performance; (3) breach by the defendant; and (4) damages resulting from the breach. Hussong v. Schwan's Sales Enters., Inc., 896 S.W.2d 320, 326 (Tex. App.-Houston [1st Dist.] 1995, no writ).
REASONABLE ATTORNEY'S FEES IN ADDITION TO PROVEN AMOUNT OF DEBT Reasonable attorney's fees may be recovered, in addition to the amount of a valid claim and costs, if the claim is for a written contract. Tex. Civ. Prac. & Rem. Code Ann. § 38.001(8) (Vernon 2008). See id. § 38.002 (providing for recovery procedure).
SOURCE: DALLAS COURT OF APPEALS - No. 05-07-01730-CV (Tex.App.- Dallas Oct. 26, 2009)
Monday, October 26, 2009
What is a CASH PRICE VIOLATION (under the Texas Finance Code)?
Inherently undiscoverable injury for purposes of the DISCOVERY RULE (SoL Tolling Theories)
The discovery rule is a very limited exception to limitations and is construed strictly. See Computer Assocs. Int'l, Inc. v. Altai, Inc., 918 S.W.2d 453, 455 (Tex. 1994) ("the discovery rule, in application, proves to be a very limited exception to statutes of limitation."); S.V. v. R.V., 933 S.W.2d 1, 25 (Tex. 1996) ("exceptions to the legal injury rule should be few and narrowly drawn"). [U]nder Texas law, the discovery rule applies when "the nature of the injury incurred is inherently undiscoverable and the evidence of injury is objectively verifiable." See Computer Assocs. Int'l, Inc., 918 S.W.2d at 456.
As the Texas Supreme Court explained in Wagner & Brown, Ltd. v. Horwood, 58 S.W.3d 732, 734-35 (Tex. 2001): An injury is inherently undiscoverable if it is, by its nature, unlikely to be discovered within the prescribed limitations period despite due diligence. S.V. v. R.V., 933 S.W.2d 1, 7 (Tex.1996) (citing Altai, 918 S.W.2d at 456). "Inherently undiscoverable" does not mean that a particular plaintiff did not discover his or her particular injury within the applicable limitations period. Id. Instead, we determine whether an injury is inherently undiscoverable on a categorical basis because such an approach "brings predictability and consistency to the jurisprudence." Apex Towing Co. v. Tolin, 41 S.W.3d 118, 122 (Tex.2001) (citing S.V. v. R.V., 933 S.W.2d at 6); see also HECI Exploration Co. v. Neel, 982 S.W.2d 881, 886 (Tex.1998). Accordingly, the question [...] is not whether [parties] detected the alleged improper charges and resulting underpayment within the limitations period. Rather, we must decide whether theirs is "the type of injury that generally is discoverable by the exercise of reasonable diligence." HECI, 982 S.W.2d at 886. The court also explained in Via Net, U.S. v. TIG Insurance Co., 211 S.W.3d 310, 314 (Tex. 2006), that whether an injury is inherently undiscoverable is a legal question "decided on a categorical rather than case-specific basis; the focus is on whether a type of injury rather than a particular injury was discoverable." (Emphasis in original).
SOURCE: DALLAS COURT OF APPEALS - 05-07-01553-CV (Dallas CoA)(10/19/09)
SoL: When does a cause of action accrue? Under what circumstances can a later ACCRUAL DATE be claimed?
Determining when a cause of action accrues typically is a question of law. Provident Life & Accident Ins. Co. v. Knott, 128 S.W.3d 211, 221 (Tex. 2003).[1] " As a general rule, a cause of action accrues and the statute of limitations begins to run when facts come into existence that authorize a party to seek a judicial remedy." Id. (citing Johnson & Higgins of Tex., Inc. v. Kenneco Energy, Inc., 962 S.W.2d 507, 514 (Tex. 1998), and Murray, 800 S.W.2d at 828). "In most cases, a cause of action accrues when a wrongful act causes a legal injury, regardless of when the plaintiff learns of that injury or if all resulting damages have yet to occur." Knott, 128 S.W.3d at 221 (citing S.V. v. R.V., 933 S.W.2d 1, 4 (Tex. 1996)).
Accrual may be deferred if the cause of action (1) is not discovered as a result of fraud or fraudulent concealment; or (2) is "inherently undiscoverable." Kuzniar v. State Farm Lloyds, 52 S.W.3d 759, 760 (Tex. App.-San Antonio 2001, pet. denied) (en banc). [Party] did not plead these bases for deferring accrual of his cause of actions; did not assert them in his summary judgment response; and does not assert them on appeal. Therefore, [opposing party] was not required to negate these bases for deferring accrual in the trial court and they do not affect the analysis on appeal. See, e.g, Via Net v. TIG Ins. Co., 211 S.W.3d 310, 313 (Tex. 2006).
SOURCE: 14-08-00248-CV (14th Court of Appeals-Houston) (10/15/09)
Thursday, October 22, 2009
The DISCOVERY RULE in the context of a FIDUCIARY RELATIONSHIP and FIDUCIARY DUTY
The DISCOVERY RULE in the Context of Limitations (SoL)
"The discovery rule has been applied in limited categories of cases to defer accrual of a cause of action until the plaintiff knew or, exercising reasonable diligence, should have known of the facts giving rise to a cause of action." HECI Exploration Co. v. Neel, 982 S.W.2d 881, 886 (Tex. 1998).
The application of the discovery rule is generally limited to those cases where the nature of the injury is inherently undiscoverable and the evidence of the injury is objectively verifiable. Id. The applicability of the discovery rule is determined categorically, i.e., not based on whether the particular injury in the case at hand may not have been discovered but whether the injury is of a type that generally is discoverable by the exercise of reasonable diligence. Id.
SOURCE: (04-08-00509-CV (San Antonio Court of Appeals (7/1/09, pet. denied Oct. 16, 2009)
Tuesday, October 20, 2009
No RES JUDICATA where underlying judgment reversed or vacated
Monday, October 19, 2009
Defamation claim based on job reference by former employer & qualified privilege, immunity defense
An employer who discloses information about a current or former employee under Section 103.003 is immune from civil liability for that disclosure or any damages proximately caused by that disclosure unless it is proven by clear and convincing evidence that the information disclosed was known by that employer to be false at the time the disclosure was made or that the disclosure was made with malice or in reckless disregard for the truth or falsity of the information disclosed. For purposes of this subsection, "known" means actual knowledge based on information relating to the employee, including any information maintained in a file by the employer or that employee. Id. § 103.004(a).
When a defendant seeks summary judgment based on qualified privilege, it is the defendant's burden to conclusively establish that his allegedly defamatory statement was made with an absence of actual malice. Randall's Food Mkts., Inc. v. Johnson, 891 S.W.2d 640, 646 (Tex. 1995).
In the defamation context, a statement is made with actual malice when it is made with knowledge of its falsity or with reckless disregard as to its truth. Id. at 646. Reckless disregard exists when "the defendant in fact entertained serious doubts as to the truth of his publication" or had a "high degree of awareness of . . . [the] probable falsity of his statements." Bentley v. Bunton, 94 S.W.3d 561, 591 (Tex. 2002) (quoting Harte-Hanks Commc'ns, Inc. v. Connaughton, 491 U.S. 657, 688 (1989)).
Actual malice with regard to a defamatory statement involves a higher level of culpability than mere ill will or animosity. Akin v. Santa Clara Land Co., 34 S.W.3d 334, 341 (Tex. App.--San Antonio 2000, pet. denied). Negligence, failure to investigate the truth or falsity of the statements prior to publication, or failure to act as a reasonable prudent person is insufficient. Id. at 341-42.SOURCE: 03-07-00317-CV (Austin Court of Appeals) (10/14/09) (statement about former employee's refusal to take drug test not actionable) (evidence is sufficient to conclusively establish that [former employer's] statements were made without malice or reckless disregard for their truth or falsity. See New Times, Inc. v. Issacks, 146 S.W.3d 144, 164 (Tex. 2004) (affidavits from interested witnesses may negate actual malice as a matter of law if they are "clear, positive, and direct, otherwise credible and free from contradictions and inconsistencies, and [able to be] readily controverted. Tex. R. Civ. P. 166a(c)").
Sunday, October 18, 2009
Effect of Absence of MATERIAL TERM from CONTRACT
What are the essential, material TERMS of a CONTRACT
What terms are material or essential to a contract are determined on a contract-by-contract basis, depending on the subject matter of the contract at issue. T.O. Stanley Boot Co. v. Bank of El Paso, 847 S.W.2d 218, 221 (Tex. 1992) (stating that "[e]ach contract should be considered separately to determine its material terms" and that "[i]n a contract to loan money, the material terms will generally be: the amount to be loaned, maturity date of the loan, the interest rate, and the repayment terms").
Three essential elements of a contract for sale are "(1) the thing sold, which is the object of the contract; (2) the consideration or price to be paid for the thing sold; and (3) the consent of the parties to exchange the thing for the price." Kelly v. Rio Grande Computerland Group, 128 S.W.3d 759, 767 (Tex. App.-El Paso 2004, no pet.); John Wood Group USA, Inc. v. ICO, Inc., 26 S.W.3d 12, 20 (Tex. App.-Houston [1st Dist.] 2000, pet. denied).
In a contract to loan money, the material terms will generally be: the amount to be loaned, maturity date of the loan, the interest rate, and the repayment terms. T.O. Stanley Boot Co., 847 S.W.2d at 221.
RELATED CONCEPTS: missing, omitted material contract terms, indefiniteness of contract terms, meeting of the minds, agreement to agree, enforceability of contract.
SOURCE: 02-07-00355-CV (Fort Worth CoA) (5/28/09, pet. denied 10/16/09)
AGREEMENT and CONTRACT Distinguished


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Tables are the most widely used furniture item in all of Mexico. They are the heart of the home, where meals are enjoyed and holidays celebrated. They are the workspace at the artisan's shop and the center of transactions in the local marketplace. The versatility of the humble table is exceeded only by the variety in which they can be found. Though styles differ regionally and according to function, all tables serve a purpose and are appreciated in their own right.
Tables in southern Mexico, especially Michoacán, are noticeably different from their neighbors to the north. Here, colonial Spanish techniques are widely practiced and chip or gouge-carving is employed to add character to gracefully turned legs. The dining tables in this region, made almost exclusively from pine, flaunt ornate leg carvings and table-aprons and are usually accompanied by pine chairs with similar features.
Mexican tables not only differ from region to region, but from room to room within the home. The kitchen table, for example, is the center of activity and thus offers more practical features. Large stocky legs help support the table and hand-molding outlines the deep drawers where utensils are stored. Due to such features, it's not uncommon to find these tables in the workshop as well, but only after they've served their time in the kitchen.
Corner or end tables made from pine are another staple of the Mexican home, and can be found in living rooms and bedrooms alike. These pieces were extremely popular in the nineteenth century and continue to be in high demand from collectors. Perhaps the most treasured table, for obvious reasons, is the altar table. Although small in stature, these tables display religious icons and family photographs along with fresh flowers, candles and keepsakes. Altar tables found in churches are usually much longer, often with six legs to help support the multitude of patron saints.
Outside of the home, tables continue to play a major role in Mexican society. In the marketplace, tables are relied on to hold everything from fresh produce and meats to handcrafted jewelry and clothing. They feature mortise-and-tenon construction, splayed legs, cross stretchers and are painted when necessary to hide years of wear and tear. Butcher tables play a similar role but must be stout in order to absorb the constant blows from cleavers and knives. These tables rely on vertical or horizontal beams for support as well as thick, unpainted legs and hand-wrought nails. Although they're not as appealing as their domestic neighbors, utility tables such as these are built to last and are often restored by keen-eyed collectors.
Regardless of specific function or design, tables play an essential role for the people of Mexico. Their beauty and craftsmanship are comparable only to their durability and longevity. For the largest selection of handcrafted Mexican dining and occasional tables available anywhere on-line, visit our furniture collections to find the next addition to your home.
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Omar Linx - Say Goodbye
Artist: Omar Linx
Featuring: Emilio Rojas
Producer: Pro Logic
Album: City Of Ommz
Avg Rating: 4.5 ( 19 votes )
If there's one thing that rap's taught us, it's that the reality of the music industry is nothing like up-and-comers' idealized daydreams. Weird that up-and-coming rappers themselves never seem to get the memo… but I digress. On See You in Hell emcee Omar LinX' latest single, he teams up with Booth fave Emilio Rojas to "Say Goodbye to the good life," rhyming about their disillusionment with the game over Pro Logic's haunting production. For more, check out LinX' City of Ommz LP, set to drop July 12.
Omar LinxEmilio Rojas Downloads
Written by richard on 06/22/11
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Chivers keeps college D-I basketball connections alive
Detroit Lakes native Jim Chivers' college playing days on the hardwood for Division I Loyola University have been done for a while now, but he still has strong connections with the Greyhound program.
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Best way to get grime off wood cabinets
Hello everyone out there in cleaning land!
We just moved from Michigan to Hercules California and are loving it. We are renting a 1970's house with medium-dark stained cabinets in the kitchen. The cabinets have grime that I can literally scrape off with my fingernail (sorry, I know that's gross). What is the best way to get the grime off? I have tried Murphy's Oil Soap in a few spots but that doesn't seem to do the trick.
I know someone out there in cleaning land has the answer.
Thanks in advance!
Marlene from Michigan (now Hercules!)
Have you tried TSP (trisodium phosphate)? It's cheap. You buy a box of powder, follow directions to dissolve a measured amount in water, and have at it. Painters use TSP on walls and woodwork before painting. It's a serious cleaner and degreaser. I'm pretty sure you're supposed to wear gloves. I haven't used it in years but I have an old box stored away and plan to use it on my dark-stained wooden cabinets kitchen cabinets prior to painting them.
I'm wondering if Simple Green wouldn't do the trick, It's a great degreaser and is concentrated as well. On the site it says that on wood, to use it 30 parts water to 1 part Simple Green, or 50 parts water to 1 part Simple Green. Now considering this is accumulated grease, I would probably try it straight up with a scrubby. Then I'd make sure to rince and then put a nice protective coating on the cabinets afterwards. Probably a spray coat of laquer (not too shiny).
worked with this problem on&off 12 years tsp&afine scrubby should do the trick work areas thate can be rinsed before moving on rinse everything towel dry. do somthing you enjoy overnight today-rub in a good wood oil oyae paint store should have everithing good luck
I have greasy cabinets and asked this same question. The general concensus was use a miracle cloth and either Awesome or Castrol engine degreaser.
I haven't tried either yet. I'm waiting until I schedule a party and force myself to do thorough cleaning. If you do it first, let me know how it works (either method).
I want to try the TSP for my oak kitchen cabinets. My only worry is that it will be to harsh. Is it safe for oak cabinets? Any ideas?
We put in light oak kitchen cabinets in 1988. I clean them every few months with "Parker and Bailey Kitchen Cabinet Kreme" . I bought it either on line or from a catalog. A creamy thick liquid in a white bottle, looks almost like Elmers glue. Never seen it in stores. I use a nylon (never metal) scrubby to really clean around the door handles.
I am new to this forum & have the same question as Debra, what exactly is a miracle cloth?
Here is a link that might be useful: Best way to get grime off wood cabinets


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Fear of failure fires Youngs
ESPN Staff
August 29, 2013
Ben Youngs has tipped Saracens and Harlequins as his side's main title rivals this season © Getty Images
Leicester scrum-half Ben Youngs has revealed that a fear of failure is set to propel the Premiership side to yet more success this season.
The Tigers claimed last season's glory with victory over Northampton in May - their 10th title in what was their ninth straight final appearance.
Youngs, who used their Twickenham triumph as a stepping stone to further success with the British & Irish Lions, is adamant that their latest honour simply raises the bar for the forthcoming campaign. "There's pressure on us every year and the mentality of the squad is that no one is happy with winning or having reached the final," Youngs told PA Sport.
"We all want to be the best and do the best we can for the club. There's also the fear of becoming the first team that doesn't make it to the final.
"The squad is full of internationals who know how to play big games and big scenarios. But every season when I look at the Premiership it gets tougher and tougher.
"Saracens have recruited well with guys like Billy Vunipola. They will be very good again this year. Northampton will be there or thereabouts, but the main threats will be Saracens or Harlequins."
While the Tigers have dominated the domestic landscape, they have struggled to re-produce that level of success in Europe with two final defeats in the 11 years since they last lifted the Heineken Cup. But Youngs believes his side are well-placed to launch a successful assault on European club rugby's biggest prize.
"This season the experience we've had from the Lions and England tours will allow us to kick on," he said. "Europe has to be the key for us this season. We've talked for four years about it being a big goal.
"We've reached the quarter-finals but no further, so that's a massive goal. We have a tough pool of Treviso, Montpellier and Ulster, but it's also a good pool. If we get through that with a home quarter-final we can really kick on from there."
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this is fact.
Sentiment: Strong Buy
Isn't it funny how the clowns on this board choose to ignore that simple truth! Hilarious actually...
and the stock price declined. Also a fact.
and manipulation could be treason if it is done to hurt the United States.
Credit Suisse downgraded Entropic.
were looking into possible money laundering and transfers of money to a number of countries and organisations linked to al-Qaeda. ... Credit Suisse offices are raided
YOSE, Are You American or a short puppet who may be going against the United States?


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Samsung releases its S6 before Apple begins its process of hyping up its most recent Smartphone releaseMarch 23, 2015 2:24
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The Abu Dhabi Department of Economic Development is rightly cracking down on fake goods, but Kipp thinks confiscated goods should be put to use.
May 25, 2010 10:15 by Samuel Potter
Yesterday, Kipp reported on the Abu Dhabi government's destruction of more than 11,000 items of counterfeit goods.
The move was part of an effort to crack down on counterfeit and fake goods, and included the destruction of more than 5,000 electrical products and more than 3,000 items of clothing. The Abu Dhabi Department of Economic Development is planning further crackdowns this year.
Kipp supports the efforts of the government to combat the counterfeit goods trade. Many of the profits from this industry go straight back into organized crime, and many of the products are produced by laborers suffering terrible conditions in the Far East.
But we have to wonder: why did the goods have to be destroyed? They have been seized, and are no longer on the market (thus legitimate business has been protected) and in the process the criminals have not been allowed to profit from their merchandise. Why couldn't the government put the goods to use, and provide them to poorer members of society, or to laborers who would surely benefit from new clothes and other assorted goods? There are many volunteers and charities collecting donations for these sections of our society.
Kipp is sure local businesses wouldn't complain, as these people are unlikely to be customers of genuine designer goods retailers – their customer base would not be eroded.
The only other argument Kipp can see is that the recipients might sell the goods on themselves. But even if they tried, it seems the authorities are getting pretty good at preventing the market for fake goods.
1 Comment
Perhaps there is a case to be made in respect of clothing items, but even so these are products of labour-abusive sweatshops. In the case of electrical and electronics, much of this counterfeit production is potentially lethal, as it fails to comply with elementary wiring and safety standards.
Therefore on the whole I am in favour of destroying counterfeit goods, thus forcing those who deal in them out of business.
Makkah mayor debuts real estate price index
May 25 2010
Smoking ban: bad for business?
May 25 2010


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I could make a full time job of tearing down the "say anything we possibly can" approach to Open XML opposition. Seems like we're seeing a new level of arm-flailing and finger pointing, now that we are weeks away from the close of the post BRM period. I wanted to offer some comments about the SFLC's analysis of the OSP. This is an unfortunate report, these all represent issues that have been raised in a campaign that includes innuendo and supposition, leaving out inconvenient information and language and ignoring the same, similar, or less attractive, language that exists for ODF.
The big news in this is their admission/confirmation that the OSP is in fact compatible with the GPL. They say "The OSP cannot be relied upon by GPL developers for their implementations not because its provisions conflict with the GPL but because it does not provide the freedom that the GPL requires." They go on to identify that "freedom" being linked to the OSP being unsafe is because new versions of the specifications could be excluded from the OSP in the future.
It is unusual for promises like the OSP to automatically include every spec or all future versions (IBM's pledge is exactly like ours). The norm is for new versions to be added to them to be covered. In the case of Sun's statement new versions are automatically added only when they participate in the development of the new version to the extent that the OASIS IPR rules would then obligate them to provide patent rights under the OASIS IPR Policy. None of these promises include future versions of the specifications without any qualification.
Let's deal with the points one by one:
This section points out that the OSP only applies to listed versions of covered specifications. True, except that we have already committed to extending it to ISO/IEC DIS 29500 when it is approved in our filing with ISO/IEC. For ODF, IBM in their ISP takes the identical approach. Strange how things that seem appropriate for ODF are not appropriate for Open XML.
Not true. The OSP is a promise to not assert patents that are necessarily infringed by implementations of covered specifications. Like all similar patent non-asserts (including the Sun and IBM versions for ODF) the promise covers that part of a product that implements that specification (and not other parts that have nothing to do with the specification). While the Sun covenant is silent about conformance to the specification, the OSP allows implementers the freedom to implement any (or all) parts of a covered specification and to the extent they do implement those portions (also known as conform to those parts) they are covered by the promise for those parts. Contrast that to the IBM pledge that requires total conformance and so programming errors or absence of something required by the spec (but not by an implementer's product) means that the promise is totally void for that product.
Not true. As far as we are concerned we are happy to extend the OSP to implementers who distribute their code under any copyright license including the GPL. The FAQ cited just states what everyone knows and acknowledges, the GPL is a copyright license that is drafted in a way that leaves many issues (not just those related to patent rights) open to many interpretations. Any particular user or implementer should read the GPL carefully and make their own judgment about what it means and requires in accordance with their own circumstances. The FAQ states that Microsoft is not in a position to give blanket advice about the GPL to others. They missed these two FAQs for some reason...
"Q: Is the Open Specification Promise intended to apply to open source developers and users of open source developed software?
A: Yes. The OSP applies directly to all persons or entities that make, use, sell, offer for sale, imports and/or distributes an implementation of a Covered Specification. It is intended to enable open source implementations, and in fact several parties in the open source community have specifically stated that the OSP meets their needs. Moreover there are already a significant number of implementations of Covered Specifications that have been created and/or distributed under a variety of open source licenses as well as under proprietary software development models. Because open source software licenses can vary you may want to consult with your legal counsel to understand your particular legal environment.
Q: Is this Promise consistent with open source licensing, namely the GPL? And can anyone implement the specification(s) without any concerns about Microsoft patents?
A: The Open Specification Promise is a simple and clear way to assure that the broadest audience of developers and customers working with commercial or open source software can implement the covered specification(s). We leave it to those implementing these technologies to understand the legal environments in which they operate. This includes people operating in a GPL environment. Because the General Public License (GPL) is not universally interpreted the same way by everyone, we can't give anyone a legal opinion about how our language relates to the GPL or other OSS licenses, but based on feedback from the open source community we believe that a broad audience of developers can implement the specification(s)."
Rhetorical Device? really Bruce? I was on the newspaper staff in school, not the debate team. I'm more concerned with discussing the issue than conducting a moderated forum.
The arcile says that "Microsoft does not provide protection for Open XML with the OSP." Not only do we disagree with the words, Open XML already has many, many implmenetations (which include IBM, Google, Novell, Apple and others) to show for it.
The SFLC piece is the thing I would take to be the "rhetorical device." -- nothing about it reflects the world we live in.
The "Nobody can implement Open XML" argument ends here: http://blogs.technet.com/gray_knowlton/archive/2008/03/07/silverlight-viewer-for-open-xml.aspx
and here:
The "Sincerity" discussion ends here: http://blogs.technet.com/gray_knowlton/archive/2008/02/01/on-motivation-and-commitment-to-open-file-formats.aspx
gray, are you a lawyer?
Sorry Bruce, but I think you may have missed it. the IBM promise covers the 1.0 and 1.1 version of the ODF specification, and makes no mention of future versions. The Sun promise qualifies future versions based on their participation in OASIS and subsequent adherence to the OASIS IP rules.
I'd like to remind folks that we have already committed to extending the OSP to DIS29500 in its post BRM modified form.
Shawn... if by "narrowly enough" you mean "exactly what was said by SFLC," then I'd agree.
Please define "implement" OOXML ( ECMA and Microsoft have exhausted the argument of "there are sourceforge projects" that do this, do that ... but they are all 10% beta software )
By the way, is not the same to call some .NET libraries
to do the hard *independent* and not Microsoft-free work to implement this beast:
Unfortunately Orlando, nobody is talking about sourceforge projects here. (Unless Google is placing its XLSX >> HTML viewing code on Sourceforge, or Apple is putting the iWork sourc up there, or maybe Datawatch, Intergen, IBM, Nuance, Novell, NeoOffice, and so on and so on...)
Sure, there are plenty of sourceforge projects and reference implementations, but there are 150 or so solutions profiled in the Office System Solutions Directory, and several more listed on www.opexmlcommunity.org.
You'll never win an argument about Open XML not being implemented, we're well beyond that by now.
Gray Knowlton writes: "I was on the newspaper staff in school, not the debate team."
Tee hee. Let's be clear that you are acting as a spokesperson for Microsoft, which has more than ample resources to coach you in how to divert and confuse an argument to its own benefit. As demonstrated by this following example:
Gray Knowlton further writes: "Not only do we disagree with the words, Open XML already has many, many implmenetations (which include IBM, Google, Novell, Apple and others) to show for it."
It is deceptive to imply that those companies rely on the OSP. They have patent cross-licenses with Microsoft.
So much for sincerity.
Hi Gray,
Thanks for the reply, although the insinuation that I'm parroting someone else's opinion is patronising and offensive. I won't lose any sleep over it though, we all know how inaccurate text messages are in conveying real meaning.
I disagree with your statement "this is not a game of semantics". This standardisation process has so utterly disenfranchised all but the primary players, that commenting on blogs is about the only way interested consumers like me can have any input at all. You have missed (or deliberately twisted) the point of my post, and we could trade "clarifications" all day if either of us had the stomach for it.
FYI, I do write software interacting with office productivity applications, but it's tangential to my work as an embedded developer and will never be released publicly. For example, I write bridging code to interface between OpenOffice Calc/ODF and Scilab, which gives me Scilab's scientific number-crunching ability combined with Calc's user interface and pretty pictures. XML wins for me! But you'll never convince me that having two competing office formats is in my best interests, especially when OOXML is shrouded in what I perceive as Microsoft's corporate abuse.
Hi Bruce, as far as I know, we have no interop agreement with Google. I could be wrong, but I've never seen one.
Rob, sorry, I'm not accusing you of anything. And I think that for the most part, Don is a really nice guy, and some of the other NZ OSS people I had a chance to meet gave some excellent feedback on the spec. (Odd, again, however that Don Christie also preface a majority of comments with "I am offended by your remarks" as well).
I'll reiterate my offer to you, in all seriousness. Because I think after reading your second comment, we definitely agree that sorting out the issues is very important. We might differ on the role of blog posts in doing so, this is why I've offered the mail alias to you for addressing specific concerns. If you have concerns, please use it.
Stepping back for a minute, do you see how hard Microsoft is defending the IPR policy for Open XML? Could you understand why? -- it's not because we want to meet the goals of the process (the ISO process would not have begun withouth passing ISO IPR guidelnies, that was addressed a long time ago), it's because we are keenly interested in the adoption of Open XML. Does it make sense for us to propose a standard then prevent people from implementing it? -- I don't think so.
Perhaps it's just a Kiwi trait to be suspicious of convicted anti-competitive monopolists, and to be offended by insinuations of plagiarism when offering one's own opinion. I'll take your recommendations on board, and deeply consider whether either of those characteristics is in need of adjustment.
Gray Knowlton writes: "as far as I know, we have no interop agreement with Google. I could be wrong, but I've never seen one."
You are not seriously proposing that Google is at any risk of patent aggression from Microsoft. Agreements under NDA may exist, and even if they don't, Google has a sufficient arsenal of legal talent, capital, and blocking patents on Microsoft's own activities that they can enforce a detente, or worse, upon Microsoft.
Your statement, again, was: "The arcile says that "Microsoft does not provide protection for Open XML with the OSP." Not only do we disagree with the words, Open XML already has many, many implmenetations (which include IBM, Google, Novell, Apple and others) to show for it."
It is deceptive to imply that any of those folks - especially Google - have to rely on the OSP.
Well, Bruce, I don't think we have a "big rich companies" section of the OSP, I think it applies equally to big and small companies.
Check out the Office System Solutions directory, and search for the Open XML technology area. There are 142 solutions listed there, most of them from smaller technology companies. Check out www.openxmlcommunity.org... see the applications there.
I'm not trying to hide anything here, Google (pick your favorite big company) and Datawatch (Pick your favorite small company) have the same protection for Open XML under the OSP.
"As far as recounting the entire history of Microsoft legal activity, again, it's not really something that is helpful."
If you want to convince people that the leopard has changed his shorts, you have to show people what the shorts look like on the leopard. Microsoft has a higher barrier to acceptance than IBM or Sun because Microsoft has a history of behaving worse than IBM and Sun. To overcome that barrier, Microsoft may have to make stronger commitments, show conclusively that they are stronger, and show that they can stand behind them. This may be unfair to you, personally, and to the people you're working with, but you can't just pretend the leopard isn't in the room.
I'm curious to know why you say that the GPL is open to interpretation. If that's the case, wouldn't the OSP be the same? It sounds like a think layer of FUD to me.
The careful choice of language sounds to me like another Microsoft attempt to embrace, extend and extinguish.
I'm sorry, you failed to convince me of the sincerity of Microsoft.
What is the test applied to become an ISO standard?
Is it compliance with ISO policies, or something other than that?
Seems that SFLC and others are trying to propose a new and different test for ISO adoption, or to divert attention away from the real test.
At least as far as this discussion revolves around the ISO consideration of Open XML, it is quite clear that the ISO rules have been met.
Even if all we want to do is "butt and bray" against everything about Open XML and Microsoft in general, the IPR points re Open XML seem a fruitless path at this stage. It is too late to seek a change in the rules in this process, and everyone is in favor of playing by the rules.
And based on its proposed test, SFLC presumably objects to quite a number of existing ISO standards. Considering how far the OSP does go, Open XML should be the very least of SFLC's worries.


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emmaeliceSeptember 17, 2005
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Thank you
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Quite the beer selection. The menu was specific so not to be overwhelmed with choices. I have come here twice. The staff is always friendly and the desserts are made fresh daily. The atmosphere is cosy. Nothing to oooo la la la about though.
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The BBC is reporting that Egypt is expected to pass a law granting copyright status to full-scale replicas of any object in any museum in Egypt. The copyright holder will apparently be Egypt's Supreme Council of Antiquities.
Although Zahi Hawass told the BBC that the new law will apply to all countries, this seems unlikely. International copyright law is based on the Berne Convention. Article 18 says that the Convention only applies to works which were not in public domain when the treaty came into force. So new laws retroactively copyrighting the pyramid will not work. But suppose that Iraq, which is currently not a signer of Berne, got its act together and joined the WTO. It would have to respect the laws in place at signing, including this odd new Egyptian law.
I'm not a lawyer, and perhaps some other law or treaty would make this enforceable in the US.
I think this is a silly law, but Egypt has not asked my opinion. I suspect it would apply to replicas of any coins in any museum in Egypt. (It seems like it would be easy to get around it, by making 99% or 101% scale copies.)
Assad Loyalist Support for HR 1493 Should Raise Serious Questions - Franklin Lamb, an unapologetic supporter of Hezbollah and the odious Assad regime, has written an op-ed supporting HR 1493, a bill that purports to offer p...
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Bronson placed on injured reserve
Originally Published: September 9, 2004ESPN.com news services
St. Louis Rams: A day after the Rams' signing of Jason Sehorn fell through, the team re-signed a safety they released only four days earlier.
The Rams signed Justin Lucas and placed yet another safety, Zack Bronson, on injured reserve with an injured left ankle. They also signed running back Stephen Trejo and released tight end Mike Brake, continuing a flurry of moves in the final days before the season opener.
Lucas was released in the final round of roster cuts Sunday. He
was at ...
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Darksteel Reaver
Senior Member
TF needs this skin, and instead of card, he throws cross I'd buy his skin if that is so.
That guy is a vampire hunter, not a card master. Just cause he has a hat and a cape doesn't make him TF. That would be a good original character though. Someone else with a tracking skill like Warwick's. Maybe the reverse of warwick's - when you sense an ally with low health your movement speed increases significantly.
Lord GiantR
If they add a Vampire cahmp I want a Van Helsing champ.
Friend of Urf
You're idea is missing a few key elements.
Mainly this:
Now that would be stellar. Uh - thank ya very much.
You want a Hugh Jackman TF skin?
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|Reviews for YuYuGiDigiMoon: The Invasion of the Rajita
| Titan Thanos chapter 27 . 1/21/2008
My word.
What an emotional yet captivating chapter. Truly one of your best chapters that you've ever written and I've had the honor to read this great piece of work. You've adapted the Dark Phoenix Saga well, my friend. Congratulations on what was truly your best efforts in a long time.
The wait was worth it. I understand you had other priorities that has put this story on hold. But, it finally has paid off.
The battle, the intense struggle to save their friend and attempting to overcome their most powerful enemy. Yami Houou, although short-lived, made her presence felt and is the best villain you've created. She's officially my favorite villain in all of the fanfics you have written. You've captured the essence of her twisted, evil mind.
Despite their best efforts, not even Susanoomon, Imperialdramon, Omegamon, Athenamon, the Starlights, the Valkyrie Sailor Senshi, Spirit Detectives, Beast Tamers and their partners... they couldn't bring her down. Not even Sailor Saturn could do it. Even help from the Imperium people didn't make much of a difference. Although, it was nice to see Galaxia in action. The entire battle was truly unforgettable and the war on the moon was a nice touch.
Once Sailor Moon entered Yami Houou's mind, she reached out to Mars and got her to fight again. And what a comeback by that girl. Her devotion to her fellow Senshi and friends was astounding. That alone won my respect for her.
Of course, the twist even I couldn't have predicted... Suzaku forcing Takato to take Sailor Mars' life. The poor boy will be mentall scarred over this for a long time. Fortunately, the true Houou emerged and (along with Sailor Moon) restored everything damaged by the Rajita. I was to see Kuwabara, Cammy, Okami and Mars being revived.
Now, I see some form of friction between the Senshi and Tamers because of this. Though, Mars and Cammy thanked Takato. I wonder where this will lead. Will Takato ever trust Suzaku again? One has to wonder. Hopefully Rika will be the one to pull him out of his funk. And you're certainly alluding to a future Hiei/Sailor Mars relationship... very interesting.
I actually read this chapter twice. That just shows how much I enjoyed it. In fact, I think this chapter was better than the final Zeed battle in your D-Fusion series. Now as much as I enjoyed D-Fusion, this series is truly your best fic work. I just wish this series was an actual anime. I think it would be immensely popular. Of course, I would be one of those to watch it. I am that big of a fan for this series.
Have you improved as a writer since starting D-Fusion in 2002/2003? Oh, absolutely but you can only improve. Do not give up writing. You've certainly expressed creativity and you have the potential to become a great author when you put all of your ideas together. In my view, D-Fusion helped to gain you recognition in the Digimon fandom and you created a perfect Digimon/DBZ fusion series. This ultimate crossover series has catapulted you to becoming one of the best on
Thank you, author. Also, regards goes to your beta and your supporters. They helped you to produce one of the most epic crossover stories posted on
And this chapter itself deserves a lot of reviews. It's all you could ask for. Action, drama and suspense. And we're only beginning the '08 year with a bang. I hope your future stories will be just as great. However, I don't expect another epic chapter of this calibur for a long while.
What else can I say? I think I speak for everyone else who's had the honor to read your entire series. At this point, the series has hit its peak or is at least close to it.
I, for one, look forward to seeing how the story all ties together in the final chapter of this saga. Thank you for this wonderful piece and stay in good health. Farewell thy well.
- Thanos of Titan
| Belletiger chapter 27 . 1/21/2008
that was a awesme chapter!
Yami houou is has a scary power, and the battle scenes were pretty cool! I liked the return of Sailor Galaxia. Poor Takato, Suzaku shouldn't had do that to the poor kid. Takado's trust on him is broken. I hope they can fix their bound. I am so happy that Rei, Cammy , Okami and Kuwabara are back from the death. I am so happy _
I can't wait for the last chapter of the rajita series; D
| SlothKeeper chapter 27 . 1/20/2008
*Cries mournfully* Sailor Mars...Why. *cries* so good. Need tissues. I can't wait for you to update. But seriously, Takato killing Mars, never saw that coming. That had to be the biggest plot twist in history. Update soon.
| Silver Warrior chapter 27 . 1/20/2008
my my my, what a chapter! What a story! An awesome battle, really put me in mind of the fights against the Dark Phoenix (though to be truthful I'm only familiar with the cartoon, as the comics were a LONG time ago). But man, that's just harsh what happened with Takato and Suzaku. His trust in Suzaku is broken, and the trust of most of the Senshi in Takato is broken. Truly rough on them.
| jetblack1979 chapter 27 . 1/20/2008
I read all of the chapters of your YuYugiDigiMoon fanfics series and I found it very exiting. I also like the last chapter in which Rei Hino is finally saved after a long and intensitive battle, one of great emotional struggle. I want to talk to you about idea for future YuYugiDigiMoon stories. We all know that the heroes will have to fight BlackGuilmon, Madoudramon and the rest of the evil Digimons before confronting the Digimon Demon God himself, Valmarmon. But that's only half of their problems. Because they will confronting 2 group bent on their destruction.
The first group is a group of Digimon Haters known as Defiants. This group's soul purpose is to eradicate Digimon from the surface of the earth in order to preserve the survival of humankind. What makes this group even more dangerous is that they possess state-of-the-art technologies and mutant powers capable of even killing an Mega level Digimon. This group is founded by a former Hypno scientist Akihiro Kurata who has an intense hatred for Digimons ever since they killed Akihiro's wife 2 years ago. He quits Hypno ever since Yamaki became a good frriend to the Tamers. Right after the Pharaohmon incident, he founded Defiants, a group dedicated in the extermination of all Digimon. All the group member has a reason to see the Digimon exterminate. Some of them has lost their love one, either friends or family, due to the Digimon. Some of the group blame the Digimon has turn their love one into freaks of nature. Akihiro, with his great genius, create state-of-the-art weapon, gave mutant power and cybernetic implants to some of his followers and train his group hard to fight the Digimon. With the exception of Akihiro, all member wears costumes that conceal their identities. Their costumes is a fusion of the Obelisk Blue student uniforms and the Hellfire Club soldiers (in The Dark Phoenix Saga) from the X-Men.
Even though they are a threat to the heroes, they will play only a minor role in The Return Of Valmarmon Saga.
Here's a list of their anti-Digimon attacks:
Stole Hypno and Kaibaland technologies.
Murder of over 200 Digimon (30 Mega level, 30 Ultimate level, 40 Champion level, 60 Rookie level 20 In-Training level and 20 Baby level).
Wiping out half of the Rajita survivors in the Digital World.
Try to kill Valmarmon group and Heroes group while the 2 group are fighting each other.
At the end of The Return Of Valmarmon Saga, we will learn the identities of all Defiants members at the end of the saga.
The members are:
(Digimon Savers):
Kouki. Powers: Fire manipulation
Ivan. Powers: Earth Manipulation
Nanami. Powers: Powerful telapathy.
Kouki, Ivan and Nanami were the first 3 members to join Defiants because they lost their family due to a Digimon attack, 1 year and a half ago. Thanks to Kurata's expertise on genetics, the each obtain their own mutant powers. They now obtain the power to avenge the death of their family.
Siegfried Von Schroider (Rival of Kaiba). Powers: None. Rely on Dueling to fight.
Siegfried has joined Defiants because a Digimon attack has put his little brother Leon into a deep coma in which he might never come out of it, 1 year ago. Now, by using his technologies to Akihiro's service, Siegfried hope to make the Digimon pay for what they did to Leon.
Weevil Underwood (Rival of Yugi and gang). Powers: Psychic control over the insects. Also rely on Dueling to fight.
Rex Raptor (Rival of Yugi and gang). Powers: Transmorph able to assume the form of a dinosaur-like creature. Also rely on Dueling to fight.
"Bandit" Keith Howard (Rival of Yugi and gang). Powers: Healing factor and superhuman senses. Also rely on Dueling to fight.
Weevil, Rex and "Bandit" joined Defiants because they think that Digimon popularity is going to replace Duel Monsters, making them be forgotten by the dueling fans that are craving for more Digimon cards. Thanks to Kurata's expertise on genetics, they each receive a mutant power of their choosing. Now, with their new powers, Weevil, Rex and "Bandit" hopes to save Duel Monsters by eliminating the Digimon.
Vivian Wong (Cousin of Henry, Suzie and Jaarin. Rival of Yugi and gang). Powers: Wind manipulation and flight. Also rely on Dueling to fight.
Vivian, with her cousin Rinchei, joined Defiants because she blame the Digimons for transforming her other cousins into freaks and for the murder of her family, 1 year and a half ago. She was given the mutant power of wind manipulation and flight thanks to the genetic expertise of Akihiro. Now, with new powers at her fingerstip, Vivian hope to obtain vengeance, even by killing her other cousin.
Miho Nosaka (Tristan's former girlfriend). Powers: Cold and Ice Manipulation, transforms whole body into living ice. Also rely on Dueling to fight.
Miho joined Defiants because, 1 year and a half ago, a Digimon attack has claimed the life of her entire family. Thanks to Akihiro's expertise on genetics, she was given the power of cold and ice manipulation with the addition of transforming her whole body into living ice. Now, she can have her revenge on the Digimon, even at the expense of her former friends' lives.
(Digimon Tamers):
Rinchei Wong (Brother of Henry, Suzy and Jaarin). Powers: Psychic illusions. Also rely on weapon to fight.
Rinchei, with his cousin Vivian, joined Defiants because he blame the Digimons for transforming her sisters and brother into freaks and for the murder of his college friends, 1 year and a half ago. He was given the mutant power of psychic illusion thanks to the genetic expertise of Akihiro. Now, with new powers at his fingerstip, Rinchei hope to obtain vengeance, even by killing his brother and sisters.
Ayaka Itou (Friend of Jeri Katou). Powers: Water manipulation.
Miki Nakajima (Friend of Jeri Katou). Powers: Transmute into indestructible diamond form.
Ayaka and Miki joined Defiants because they lost their family due to a Digimon attack 1 year and a half ago. They also blame them for turning Jeri into a freak and leaving them alones to join her new friends. Thanks to Akihiro's expertise on genetics, they receive each their own mutant powers. Now, they hope to get their revenge on the Digimon, even by killing Jeri and her new friends
(Digimon Frontier):
Yukata Himi (Brother of Tomoki). Powers: None. Rely on weapon to fight.
Yukata joined Defiants because they blame them for turning his adorable little brother Tomoki into a freak of nature. He trained very hard with each weapon capable of even killing an Mega level Digimon. Now, by joining Defiants, he will make them pay for what they did to his brother.
Katsuharu (Rival of Takuya and gang). Powers: Psychic control over the plants and flowers
Teppei (Rival of Takuya and gang). Powers: Teleportation. Also rely on weapon to fight.
Teruo (Rival of Takuya and gang). Powers: Magnetism manipulation
Chiaki (Rival of Takuya and gang). Powers: Create a psionic whip composed of bio-electric energy.
Katsuharu, Teppei, Teruo and Chiaki joined Defiants because they were extremely jealous of Takuya and friends' courageous heroics act and wish to be better heroes than them. Thanks to Kurata's expertise on genetics, they receive each their own mutant powers. Now, Katsuharu, Teppei, Teruo and Chiaki can prove to be better heroes by killing all the Digimon. Including Takuya and fiends' Digimon forms.
(Yu Yu Hakusho):
Kirishima (Friend of Kuwabara). Powers: Metablolizes kinetic energy into greater physical attributes.
Okubo (Friend of Kuwabara). Powers: Able to increase gravity.
Sawamura (Friend of Kuwabara). Powers: Solar absorption and rechanneling, projection of heat and light and concussive blasts.
Kirishima, Okuba and Sawamura joined Defiants because they think the Digimons stolen their friend Kuwabara and make him forget about them. Thanks to Akihiro's expertise on genetics, they each obtain their own mutant powers. Now, with their new powers, they will slaying all the Digimon in hope of getting their friend back.
(Sailor Moon):
Naru Osaka (Friend of Usagi and friends). Powers: Shapeshifting and power mimicry.
Gurio Umino (Friend of Usagi and friends). Powers: None. Rely on weapon to fight.
Naru and Gurio joined Defiants because a Digimon attack has put Gurio's parents into a coma and made Naru's mother lose the ability to use her legs, 1 year and a half ago. While Naru gains her mutant power of mimicry thanks to Kurata while Gurio decide to train himself by using any kind of weapon that kill even Mega level Digimon. Now, Naru and Gurio will get their hope of avenging their family, even by killing the Sailor Senshi in which they think they betray them by siding with the Digimon.
Unazuki Furuhata (Friend of Usagi and friends). Powers: Sonic screams and concussive blasts.
Unazuki has joined Defiants because, 1 year and a half ago, a Digimon attack has permanently scarred her brother Motoki for life due to intense heat and burning. She has obtain her mutant power of sonic screams and concussive blasts thanks to Akihiro. Now, she hopes to obtain vengeance for her brother's burned scar, even by killing the Sailor Senshi in whichshe thinks they betray her by siding with the Digimon.
Naruru Osaka (Friend of Usagi and friends). Powers: Light manipulation, flight and superhuman speed and durability.
Ruruna Kobe (Friend of Usagi and friends). Powers: Light manipulation, flight and superhuman speed and durability.
Naruru and Ruruna joined Defiants because they think the Digimon has paralysed Naru and Naruru's mother for life and killed Chibi-Usa. Thanks to Akihiro, they obtaintheir mutant powers of light manipulation, flight and superhuman spped and durability. Now, they have the power to destroy the Digimon by any mean necessary. Even by killing the Sailor Senshi in which they think they betray them by siding with the Digimon.
(Original character):
Rukia Orimoto (Cousin of Izumi). Powers: Camouflage. Also rely on weapon to fight.
Rukia is the same age as Izumi. She has black hairs and green eyes. She lost her family due to a Digimon attack, 2 years ago. Since then, she vows to see the Digimon completely eradicate to avenge the death of her family. She joined Defiants and receive her mutant power of camouflage thanks to Akihiro's genius expertise on genetic. Now, she can have her revenge on the Digimon, even by killing her own cousin.
Thomas Longshot. Powers: Cyborg body and superhuman strength, spped and reflexes. Pairs of 3 retractable adamantium claws on each cybernetic arm.
Thomas Longshot is a young man of 22 years. He has blond hairs and brown eyes. He has lost his family, arms and legs due to a Digimon attack almost 1 year and a half. Ever since that day, he vows to have revenge on the Digimon, whatever the cost. He joined Defiants and thanks to Kurata, he has receive new cybernetic arms and legs. In the 2 new cybernetic arms, each carries 3 retractable adamantium claws specially design to kill even ultimate level Digimon. Now, fully restored with arms and legs, Thomas can hope to achieve his revenge.
The second group is the diversified multinational corperation CainCorp, founded by Cain Bearer, an american in his early thirties. His corporation is the most powerful company in the world in terms of scientific research, advanced medical research, technology advancement and weapon research. He was once a happy man with a great life and a wife. Until Galaxia's henchwoman arrives and kill his wife. Since the henchwoman had Sailor in their names, he came to the conclusion that all Sailor Senshi are evil. He then decide to spent his life to destroy the Sailor senshi in hope to avenge his wife's death.
With the help of his assistant and bodyguard Grace Groves and robotics and weapon designer Victor Trask, Cain designed the perfect machine to hunt down the Sailor Senshi. They are called the Souja. Their appearance is like a fusion of the Borg in Star Trek and the Sentinels in X-Men. Cain has designed them after seeing Sailor Mars' terrifying powers (while she was Yami Houou) and came to the conclusion that the Sailor Senshi will become so powerful they'll become a very threat to the Earth. The Souja possess superhuman strength, speed and endurance. They have laser eyes, metallic tentacles that comes out from the palms of their hands, jet rocket from the palms of the feets and missiles lanchers on their shoulders. They even have a program that helps them detect Sailor Senshi at very long range. Cain even designed a Master Mold-like Souja Creator to help him create even more Souja in his quest to eradicate the Sailor Senshi.
As for Sailor Uranus, her attitude towards the Tamers is almost like that of Sasuke Uchiha. I wonder if you could give her a history and destiny that is almost like that of Sauke Uchiha, giving her some sort of a Sasuke Uchiha complexe. If you have the entire Naruto manga, you'll know that Uranus will follow the same path as Sasuke. I hope you'll like this idea about Uranus in future stories.
The two group decide to unite after learning that the Digimon and Sailor Senshi will become a devastating force if they joined together. The combine efforts of Defiants and CainCorp will give our heroes a very hard time and they will force our heroes to go into hiding in hope to survive when the whole world is out to get them. I don't know if you'll like or not my ideas. But, at least, I give my best to gave you ideas to continue your stories. Thanks.
Francis Doyon
| Jeffrey chapter 27 . 1/20/2008
Your best chapter ever! I can't belive what transpsired here. It was so much and how Takato deliverd the blow to mars it brought me to the point of tears. I liked how you connected so many links with Houho and Suzaku. I do wonder if the sailor senshi and the beast tamers will ever get over this hardship how Takato did what he did (I really hope they can). I trully loved this chapter. And I wonder what's going to happen next. I'm glad that the casulties were reversed and Cammy and Kauma came back to life. I trully liked how Houoh asked Hiei to look after Cammy and rei. You did a very good job with this story. See ya on the next update dude. Later
| Chaosblazer chapter 27 . 1/20/2008
Very Intresting finish to this fight I gotta say, and I gotta admit I did not see Takato..or should I say Suzaku killing Yami Houou as Mars finally got back in control like that coming, poor Takato's gonna be mentally scared for a while now it would seem, hope it works out for them, and I like the slight x men cartoon dark phoenix saga reference with how they brought Mars back to life.
Since there's too much else to mention i'll just sum it up with this, this is one awsome story, and i'm glad i got to read it, heh I can't wait to see what happens next cause each chapter is just another suprise.
Keep up the great work dude.
| P. Labyrinth chapter 26 . 1/15/2008
Woah. It's not often a fanfic leaves me thinking about it long after i've switched the PC off. Good work.
| Super Goku987 chapter 26 . 1/15/2008
Great story. I enjoyed Digimon Fusion but I'm liking this series more thanks to this story. I want to see how they beat Yami Houou and save their friend Mars! Is it really just two chapters left?
| avatoa chapter 25 . 1/12/2008
Is the Dark Phoenix Saga a fanfiction or is it a comic book series?
| Silver Moon Princess chapter 26 . 1/12/2008
Whoa... that was intense. Yami Houou is an even greater monster than Ghidorah. I never thought it'd be true. Poor, Rei. I hope she can conquer the monster that's possessed her! C'mon, Rei-chan!
This chapter was just overall awesome sauce. I loved the whole Yami Houou entrance and Ghidorah finally dies! HOORAY! But, we shouldn't celebrate long with Yami Houou set free.
Sailor Moon returns and gains her Valkyrie form! That was neat. Oh and I was surprised that Helios/Pegasus showed up! Even more surprised that Galaxia appeared! I hope she will be enough to help our heroes save Rei.
Overall, awesome chapter. I can't wait to see how this unfolds with only two chapters left. I want to see how this Yami Houou conflict ends! I love this story and your whole series. _
| Gallantmon of the Hazard chapter 26 . 1/10/2008
Sorry that I took so long to review, but I've been busy as my final semister at Penn State is going to start on January 14! But it is my bad totally!
Anyway, I would to say that this story was exciting before this chapter and now, it gets even more exciting.
Ghidorah is dead and Sailor Moon and Princess Kakyuu are revived, but Sailor Mars has been taken over by the 'Dark Phoenix'.
Now, Sailor Moon gains her Valkyrie form and her Spirit Beast is Helios in his Pegasus form . . . for now.
And now, with the powers of the Silver Crystal and Moon Heart Crystal, Sailor Moon's power have reached a new peak.
And now, the group of heroes and heroines prepare to take on their possessed friend while Galaxia and others also prepare to battle the evil within Sailor Mars.
However, Galaxia is prepared to do what it takes to save the universe, even it means taking Sailor Mars' life.
While our heroes and heroines back in the Sol System plan to save Mars from the 'Dark Phoenix' with all of their power.
This story is only 28 chapter based on what you said, so, this means that there are only two chapters left!
I can't wait to see the final two chapters! Hope you update soon!
Later and best wishes!
PS: By the way, I wish to ask three questions:
1) Since Pegasus/Helios is only a temporary Spirit Beast for Sailor Moon, will Sailor Moon get a new Spirit Beast when Sailor Mini-Moon becomes a Valkyrie?
2) And what kind of new Spirit Beast will Sailor Moon get in the future?
3) Finally, I'm curious about something. You called Yami Houou's attack a mental 'rape'. Why didn't you call just a mental 'attack' or 'assault' and a mental 'rape'? Just curious.
| Chaosblazer chapter 26 . 1/10/2008
Wow, just wow and here i thought Ghidorah was a monster powerwise both figuratively and literally, and now we've got Yami Houou who's even more deadly, ouchies for the good guys cause it's gonna take one heck fo a group effort to beat her.
Tempted to think someone's gonna pull a Jaden and go inside her mind somehow and get Mars out, but that's just me personally.
Lol as a side note it's worth mentioning that if you had waited one more day this would've been posted on my birthday, but hey it's close enough and it was a great inadvertain gift dude lol.
Keep up the good work and let's see how this finishes up, the last two chapters should be awsome.
| Dark Qiviut chapter 26 . 1/9/2008
*shivers* I'm not a part of the battle (thank heavens), and I can *still* feel the evil in Yami Houou.
Houou was, to say the least, a monster. The way she killed off Ghidorah was just BRUTAL! Blowing off parts of his body to where even HE begged for mercy... My heavens!
And go, Rei, go! Stand up to this blood-thirsty monster of yours! Make sure she pays for murdering all those innocent lives on Earth and in the galaxy far, far away! (Must admit, your Star Wars tribute made me chuckle a little. _)
Very good chapter, and I anticipate your next update. Keep it up!
| Power-Of-Light chapter 26 . 1/9/2008
Whoa...I never thought Rei's dark side had a grander power than Pharaohmon but if teh enxt battle going to be VERY intense, I'll have to control my excitement -restrains it- And why do I have a strong feeling that Takato's going to be in a special role in the battle again Yami Honou as Gallantmon & Cammy did the finishing blow to Pharaohmon
-Cheers- GO HEROES, SAVE REI! -leaves quickly before I get embarrased-


text:
Dianna Liedorff discusses appropriate gun sizes for women.
February 23rd, 2015NRA All Access | Theresa Vail: Breaking Stereotypes / NRA Outdoors: Hitting the Mark
Meet Theresa Vail, an enlisted soldier and skilled marksman. Later, travel to the NRA Outdoors Long Range School.
The Institute for Legislative Action is the lobbying arm of the NRA.
Natalie and Julie teach us how to whip up Julie's famous Faux Pho 2.0—an easy dish that doesn't sacrifice flavor.
Isaiah and Reagan learn how breathing and heart rate are connected in the pool.
Here are a few tips to keep in mind when packing in a pocket.


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