Alan L. Hamilton, Individually and as Successor Trustee of the Hamilton Family Trust, and as Independent of the Estate of Maurine P. Hamilton v. Daniel Davila, III

CourtCourt of Appeals of Texas
DecidedJuly 2, 2015
Docket03-15-00357-CV
StatusPublished

This text of Alan L. Hamilton, Individually and as Successor Trustee of the Hamilton Family Trust, and as Independent of the Estate of Maurine P. Hamilton v. Daniel Davila, III (Alan L. Hamilton, Individually and as Successor Trustee of the Hamilton Family Trust, and as Independent of the Estate of Maurine P. Hamilton v. Daniel Davila, III) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alan L. Hamilton, Individually and as Successor Trustee of the Hamilton Family Trust, and as Independent of the Estate of Maurine P. Hamilton v. Daniel Davila, III, (Tex. Ct. App. 2015).

Opinion

ACCEPTED 03-15-00357-CV 5924920 THIRD COURT OF APPEALS AUSTIN, TEXAS 7/2/2015 3:26:08 PM JEFFREY D. KYLE CAUSE NO. D-l-GN-13-001230 CLERK

ALAN L. HAMILTON, INDIVIDUALLY § IN THE DISTRICT COURT AND AS SUCCESSOR TRUSTEE OF THE § RECEIVED IN HAMILTON FAMILY TRUST AND AS § 3rd COURT OF APPEALS AUSTIN, TEXAS INDEPENDENT EXECUTOR OF THE § 7/2/2015 3:26:08 PM ESTATE OF MAURINE P. HAMILTON, § JEFFREY D. KYLE PLAINTIFF § Clerk

§ VS. § 353RD JUDICIAL DISTRICT § DANIEL DAVILA III, § DEFENDANT. § TRAVIS COUNTY, TEXAS PLAINTIFF'S DESIGNATION OF ITEMS TO BE INCLUDED IN CLERK'S RECORD TO: VELVA L. PRICE, District Clerk, Rm 302 Courthouse, 1000 Guadalupe Street, P.O. Box 1748, Austin, Texas 78767-1748 (Attn: Shaun Glasson) Under Texas Rule of Appellate Procedure 34.5, Plaintiff Alan L.Hamilton (herein at times referred to as "Alan Hamilton" or "PLAINTIFF"), and files this designation of items to be included in the Clerk's Record in the appeal of the final judgment in the above case. REQUEST FOR MANDATORY ITEMS Plaintiff designates the following mandatory items specified in Texas Rule of Appellate Procedure 34.5 for inclusion in the sworn record: 1) all pleadings on which the summary judgment proceedings were held; 2) the court's docket sheet; 3) the court's order that is being appealed namely, the Final Judgment dated March 9,2015; 4) any post-order motions and the court's orders thereon; 5) all notices of appeal; and PlaintifFs Designation of Items to be Included in Clerk's Record Page 1 of 3 6) all requests for preparation of the Clerk's Record. REQUEST FOR ADDITIONAL ITEMS In addition. Plaintiff designates the items hsted below, all of which are specifically described in the attached spreadsheet, to make them readily identifiable: 7) Judges Notes 8) EVERYTHING in court record, 45 documents including Judge's Notes and this document. See attached spreadsheet with complete clerk's court record hsting with: a) numbered documents, b) dates filed, c) filed by, d) document titles, e) number of pages and f) estimated start page for each docimient in court record Under Texas Rule of Appellate Procedure 37.3, Plaintiff will pay for the preparation of the Clerk's Record. Respectfijlly submitted.

Alan L Hamilton, Plaintiff, Pro Se, Appellant 9902 Childress Dr Austin, Texas 78753 512-832-6384 AlanHamilton@ProBaitCourt. com

PlaintifTs Designation of Items to be Included in Clerk's Record Page 2 of 3 CERTIFICATE OF SERVICE On %^c> iS~ , a copy of the foregoing instalment was served, in comphance with Texas Rules of CivU Procedure 21 and 21a, on the following in the manner listed below: Counselfor Appellee/Defendant: Attomey for: Daniel Davila, HI Attomey's name: Robert M Smith Attomey's address COKINOS, BOSIEN & YOUNG 10999 West ffl-10. Suite 800 San Antonio, Texas (210) 293-8700 office (210) 293-8733 fax Type of Service: _U.S. Mail, Certified Return Receipt Request No.. _U.S. Mail, First Class. _Hand delivery by [name of delivery service]: _Facsimile transmission to fax number 210-293-8733 before 5 p.m X via wwvv.Greenfiling.com "file and serve" - www.eFileTexas.gov

Signature:

Alan L Hamilton, Plaintiif, Pro Se, Appellant 9902 Childress Dr Austin, Texas 78753 512-832-6384 AlanHamilton(a)ProBaitCourt. com

Plaintifrs Designation of Items to be Included in Clerk's Record Page 3 of 3 D-1-GN-13-001230-Designation of Clerk's Record spreadsheet

Case:D-1-GN-13-001230 with (45) documents FILED start page # pgs DOC # FILED DATE BY: CATEGORY DESCRIPTION ADDITIONAL INFO # total notes details

Appeals Cover page Appeal Cover page 1 1 Shaun estimate Index Index 2 2 Shaun estimate

1 4/12/2013 PL1 PET-PL ORIGINAL PETITION/APPLICATION PLAINTIFF'S ORIGINAL PETITION 4 7

2 4/17/2013 PL1 SRVPROCESS EXE SERVICE OF CITATION DANIEL DAVILA III 11 1

DEFENDANT'S ORIGINAL ANSWER TO 3 5/6/2013 DF1 ANS-RESP ORIGINAL ANSWER 12 2 PLAINTIFF'S ORIGINAL PETITION

DEFENDANT'S FIRST AMENDED 4 5/22/2013 DF1 ANS-RESP AMENDED/SUPPLEMENTED ANSWER ANSWER TO PLAINTIFF'S ORIGINAL 14 4 ANSWER

5 8/9/2013 PL1 MOTION MTN:SUB & OR WITHDRAW COUNSEL MOTION TO WITHDRAW AS ATTORNEY 18 2 OF RECORD

6 8/9/2013 PL1 ORD ORD:SUB & OR WITHDRAW COUNSEL ORDER IN MOTION TO WITHDRAW AS 20 3 ATTORNEY OF RECORD

7 9/24/2013 DF1 SRVPROCESS EXE SERVICE OF SUBPOENA SYLVIA LYNN HAMILTON 23 11 #9 in AMP

DEFENDANT DANIEL DAVILA III'S FIRST MOTION TO STRIKE OBJECTIONS AND COMPEL COMPLETE DISCOVERY 8 9/25/2013 DF1 MOTION MTN:OTHER MOTION RESPONSES FROM PLAINTIFF ALAN L 34 10 #7 in AMP HAMILTON INDIVIDUALLY AND AS SUCCESSOR

9 9/25/2013 DF1 NOTICE NTC:HEARING/SETTING NOTICE OF HEARING 44 2 #8 in AMP

10 9/26/2013 DF1 NOTICE NTC:HEARING/SETTING AMENDED NOTICE OF HEARING 46 2 #10 in AMP

11 9/30/2013 DF1 SRVPROCESS EXE SERVICE OF SUBPOENA SYLVIA LYNN HAMILTON 48 11 #11 in AMP

ORDER REGARDING DEFENDNAT DANIEL DAVILA, III'S FIRST MOTION TO STRIKE OBJECTIONS AND COMPEL 12 10/30/2013 ORD ORD:OTHER ORDER 59 2 #12 in AMP COMPLETE DISCOVERY REPSONSES FROM PLAINTIFF, ALAN L. HAMILTON, INDIVIDUALLY AND SUCCESSOR

1 D-1-GN-13-001230-Designation of Clerk's Record spreadsheet

Case:D-1-GN-13-001230 with (45) documents FILED start page # pgs DOC # FILED DATE BY: CATEGORY DESCRIPTION ADDITIONAL INFO # total notes details DEFENDANT DANIEL DAVILA, III'S MOTION FOR RULE 215 SANCTIONS REGARDING PLAINTIFF, ALAN L. 13 11/25/2013 DF1 MOTION MTN:COMPEL/SANCTIONS 61 10 #14 in AMP HAMILTON, INDIVIDUALLY AND AS SUCCESSOR TRUSTEE OF THE HAMILTON FAMILY TRUST AND AS

14 11/25/2013 DF1 NOTICE NTC:HEARING/SETTING NOTICE OF HEARING 71 2 #13 in AMP

DEFENDANT DANIEL DAVILA, III'S 15 11/26/2013 DF1 MOTION MTN:OTHER MOTION MOTION FOR TRIAL SETTING AND 73 8 #15 in AMP ENTRY OF DOCKET CONTROL ORDER

3pgs in AMP, 4 pgs 16 1/29/2014 OTHER RULE 203.2 CERTIFICATE SYLVIA LYNN HAMILTON 81 3 downloaded. #16 in AMP

DEFENDANT DANIEL DAVILA, III'S TRADITIONAL AND NO-EVIDENCE 459 pgs in AMP, 11 MOTIONS FOR SUMMARY JUDGMENT original Motion to #29 blank pgs not scanned 17 1/29/2015 DF1 MOTION !MTN:OTHER MOTION AS TO PLAINTIFF, ALAN L. HAMILTON, 84 459 due to no Bates#s, 468 INDIVIDUALLY, AS SUCCESSOR MemOpp pgs in served copy. #17 TRUSTEE OF THE HAMILTON FAMILY in AMP. TRUST

18 1/29/2015 DF1 NOTICE NTC:OTHER NOTICE NOTICE OF HEARING 543 2 #18 in AMP

BEFORE www.greenfiling.com 19 3/3/2015 PL1 MOTION MTN:OTHER MOTION MOTION FOR CONTINUANCE 545 48 scanned in on #21 in AMP 3/6/2015-day AFTER Continuance hearing

DEFENDANT DANIEL DAVILA III'S 20 3/4/2015 DF1 ANS-RESP OTHER ANSWER/RESPONSE RESPONSE TO PLAINTIFF'S MOTION 593 35 #19 in AMP FOR CONTINUANCE

21 3/5/2015 DF1 OTHER OTHER FILING LETTER WITH PROPOSED ORDER 628 2 #20 in AMP

22 3/9/2015 OTHER EXHIBITS RECEIPT EXHIBITS RECEIPT 630 1 #32 in AMP

LETTER FROM: ALAN L. HAMILTON W/ 23 3/9/2015 PL1 OTHER OTHER FILING CD ATTACHED ************SENT TO FILE 631 1 #34 in AMP ROOM********* RT

ORDER DENYING PLAINTIFF'S MOTION 24 3/9/2015 ORD ORD:OTHER ORDER 632 1 #22 in AMP FOR CONTINUANCE

2 D-1-GN-13-001230-Designation of Clerk's Record spreadsheet

Case:D-1-GN-13-001230 with (45) documents FILED start page # pgs DOC # FILED DATE BY: CATEGORY DESCRIPTION ADDITIONAL INFO # total notes details

ORDER GRANTING DEFENDANT DANIEL DAVILA, III'S TRADITIONAL AN D NO- 25 3/9/2015 ORD ORD:JUDGMENT EVIDENCE MOTIONS FOR SUMMARY 633 2 #26 in AMP JUDGMENT AS TO PLAINTIFF, ALAN L. HAMILTON, INDIVIDUALLY, AS SUCCESSOR TRUSTEE OF THE

Free access — add to your briefcase to read the full text and ask questions with AI

Cite This Page — Counsel Stack

Bluebook (online)
Alan L. Hamilton, Individually and as Successor Trustee of the Hamilton Family Trust, and as Independent of the Estate of Maurine P. Hamilton v. Daniel Davila, III, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alan-l-hamilton-individually-and-as-successor-trustee-of-the-hamilton-texapp-2015.