Filed 6/6/2019 3:34 PM

Barbara Sucsy
District Clerk
Lubbock County, Texas
ARG

CAUSE NO. 2019534388

VISTA BANK, § IN THE DISTRICT COURT OF

§
Plaintiff, §
§
vs. § LUBBOCK COUNTY, TEXAS
§
BART REAGOR, §
§
Defendant. § 72ND JUDICIAL DISTRICT

SUBJECT TO MOTION TO TRANSFER VENUE,

DEFENDANT BART REAGOR'S AMENDED ORIGINAL ANSWER

Subject to and without waiving his Motion to Transfer Venue, Defendant Bart Reagor

("Defendant") files this his Amended Original Answer to Plaintiff's Vista Bank's Original Petition

("Petition"), and respectfully shows the Court as follows:

I.
GENERAL DENIAL

Pursuant to Rule 92, of the Texas Rules of Civil Procedure, Defendant denies each and

every, all and singular the allegations contained in the Petition and demands strict proof thereof.

II.
AFFIRMATIVE DEFENSES

1. Plaintiff's claims are barred, in whole or in part, because Plaintiff has failed to allege

and prove all conditions precedent to recovery.

2. Plaintiff's claims are barred, in whole or in part, because Defendant revoked the

guaranty at issue in this litigation.

3. Plaintiff's claims are barred, in whole or in part, by waiver, estoppel in all of its

forms, and ratification.

SUBJECT TO MOTION TO TRANSFER VENUE, DEFENDANT

BART REAGOR'S AMENDED ORIGINAL ANSWER – Page 1
 4. Pursuant to Rule 95 of the Texas Rules of Civil Procedure, Defendant pleads

payment as an affirmative defense in that, upon information and belief, Plaintiff has used some or

all of the following (1) $4,000,000 in certificates of deposit Defendant and Rick Dykes had with

Plaintiff, (2) money from Defendant's money market account with Plaintiff, (3) Defendant's

$250,000 certificate of deposit with Plaintiff, (4) money in Defendant's checking account with

Plaintiff, (5) money in Annette Reagor's checking account with Plaintiff, and (6) potentially any

other money in any other account in which Defendant had an interest held by Plaintiff.

5. Plaintiff's claims are barred, in whole or in part, by common law fraud.

6. Plaintiff's claims are barred, in whole or in part, by fraud by nondisclosure.

7. Plaintiff's claims are barred, in whole or in part, by aiding and abetting common

law fraud.

8. Plaintiff's claims are barred, in whole or in part, by participation in a conspiracy to

commit common law fraud.

9. Plaintiff's claims are barred, in whole or in part, by aiding and abetting fraud by

nondisclosure.

10. Plaintiff's claims are barred, in whole or in part, by participation in a conspiracy to

commit fraud by nondisclosure.

11. Defendant reserves the right to plead such other defenses and/or affirmative

defenses which may become apparent and applicable during the pendency of this lawsuit.

III.
PRAYER

WHEREFORE, PREMISES CONSIDERED, Defendant Bart Reagor prays that, upon final

hearing hereof, judgment be rendered that Plaintiff take nothing by its suit, and that Defendant be

SUBJECT TO MOTION TO TRANSFER VENUE, DEFENDANT

BART REAGOR'S AMENDED ORIGINAL ANSWER – Page 2
awarded his attorney's fees, costs, and expenses, as well as such other and further relief, at law and

in equity, to which Defendant may be justly entitled.

Respectfully submitted,

/s/ Jody G. Sheets

Jody G. Sheets
Texas Bar No. 18180500
jsheets@sanderscollins.com
(214) 364-0735 Direct
Jason L. Sanders
Texas Bar No. 24037428
jsanders@sanderscollins.com
(214) 775-0631 Direct
(214) 499-7709 Cell
Johnathan E. Collins
Texas Bar No. 24049522
jcollins@sanderscollins.com
(214) 430-4286 Direct
SANDERS COLLINS PLLC
325 N. St. Paul St., Suite 3100
Dallas, Texas 75201
Main Telephone: (214) 775-0630
Facsimile: (214) 242-3004
www.sanderscollins.com

ATTORNEYS FOR DEFENDANT

BART REAGOR

SUBJECT TO MOTION TO TRANSFER VENUE, DEFENDANT

BART REAGOR'S AMENDED ORIGINAL ANSWER – Page 3
 CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the foregoing document
was served upon all counsel of record via the Court's electronic filing system pursuant to the Texas
Rules of Civil Procedure on this 6th day of June, 2019 as follows:

Fernando M. Bustos
fbustos@bustoslawfirm.com
Matthew N. Zimmerman
mzimmerman@bustoslawfirm.com
BUSTOS LAW FIRM, P.C.
Post Office Box 1980
Lubbock, Texas 79408-1980
Telephone: (806) 780-3976
Facsimile: (806) 780-3800
Attorneys for Vista Bank

/s/ Jody G. Sheets

Counsel for Defendant Bart Reagor

SUBJECT TO MOTION TO TRANSFER VENUE, DEFENDANT

BART REAGOR'S AMENDED ORIGINAL ANSWER – Page 4