Amber Raquel Emerson v. Thomas Chad Emerson

Opinion

CHAMBERS COUNTY DISTRICT CLERK

FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 1/24/2017 1:57:26 PM CHRISTOPHER A. PRINE Clerk PATTI L. HENRY P.O. DRAWERNN DISTRICT CLERK ANAHUAC, TEXAS 77514 (409) 267-2432 OFFICE (409) 267-8209 - FAX NO. NOTICE OF APPEAL ASSIGNMENT OF COURT

January 24, 2017

VIA TAMES PORTAL

TO: Fourteenth Court of Appeals 301 Fannin, Room 245 Houston, TX 77002

FROM: Patti L. Henry, District Clerk, Chambers County, Texas

RE: Cause No. CV22844; Styled: In the Matter of the Marriage of Thomas Chad Emerson and Amber Raquel Emerson; In the 344th District Court of Chambers County, Texas

DATE OF JUDGMENT: December S, 2016 NOTICE OF APPEAL FILED: January 24, 2017

The above case was assigned to your Court on the 24rn Day of January A. D. 2017., by the Clerk of the District Court of Chambers County, Texas.

Cc: Howard M. Kahn Attorney at Law P.O. Box 3466 Houston, Texas 77253 Howard@LoneStarLawyers.com

Bruce Baughman Attorney At Law 1109 West Baker Road Baytown, Texas 77521 baughmanlawoffice@gmail.com Filed 1/24/2017 9:41 :16 AM

No. 22844

IN THE MATTER § OF THE MARRIAGE § § THOMAS CHAD EMERSON § CHAMBERS COUNTY, TEXAS AND § AMBER RAQUEL EMERSON § 344rn JUDICIAL DISTRICT

Notice of Appeal

Please take notice of Amber Raquel Emerson's Notice of Appeal of the court's Order dated December 5, 2016 resolving Movant Amber Raquel Emerson's Motion for Enforcement and\or Clarification and Order Sealing Records rendered on January 12, 2017. The Appeal is to either the 1st or 14th Court of Appeals. Attached it the Accepted Notice of Appeal from the Appellate Clerk.

Respectfully submitted /s/ Howard Kahn Howard M. Kahn, SBN 11072500 POB 3466 Houston, Texas 77253 713-572-5246; 713-572-5248 fax Howard@LoneStarLawyers.com

Certificate of Service

I certify I caused this Instrument to be served on opposing counsel through the court's electronic system.

Bruce Baughman 1109 West Baker Road Baytown, Texas 77521 281-422-0538 baughmanlawoffice@gmail.com

Dated 2017-01-24 /s/ Howard M. Kahn Howard M. Kahn £

Ii FIRST COURT OF APPE HOUSTON, TE 1/20/2017 5:06:4! CHRISTOPHER Pl CL

No.

In the _ _ _ _ _ _ Court of Appeals Houston State of Texas

From the 344th Judicial District Court of Chambers County No. 22844

Raquel Amber Emerson, Appellant v. Thomas Chad Emerson, Appellee,

Oral Argument Requested

Amber R. Emerson v. Amber Raquel Emerson's Thomas Chad Emerson Notice of Appeal j j Notice of Appeal

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

Pursuant to Rule 25.l(d), TRAP,

1. The trial court is the 344th Judicial District Court of Chambers County, Texas, No. CV22844.

2. The date of the Order appealed from: December 5, 2016. The date of the Oral Order appealed from: January 12, 2017.

3. Amber Raquel Emerson appeals the Order rendered on December 5, 2016 and the oral Order pronounced on January 12, 2017.

4. The Appeal is taken to either the First or Fourteenth Court of Appeals.

5. Amber Raquel Emerson is the name of the party filing this Notice of Appeal.

Respectfully submitted, /s/ Howard M. Kahn Howard M. Kahn, SBN: 11072500 POB 3466 Houston, Texas 77253 713-572-5246 713-572-5248 fax Howard@LoneStarLawyers.com Attorney for Amber Raquel Emerson

Amber R. Emerson v. Amber Raquel Emerson's Thomas Chad Emerson Page 2 of 3 Notice of Appeal Certificate of Service

I certify I caused a true and correct copy of this Instrument to opposing counsel via the court's electronic notification and service system.

Bruce Baughman 1109 West Baker Road Baytown, Texas 77521 281-422-0538 baughmanlawoffice@gmail.com Attorney for Thomas Chad Emerson

Dated 2017-01-20 Isl Howard M. Kahn Howard M. Kahn

Amber R. Emerson v. Amber Raquel Emerson's Thomas Chad Emerson Page 3 of 3 Notice of Appeal No. C\122844

TN THE MATTER OF lN THE DISTRICT COURT OF THE MARRIAGE OF

THOMAS CHAD' EMERSON AND AMBER RAQUEL EMERSON CHAMBERS COUNTY, TEXAS

AND TN THE INTEREST or HALEY REESE EMERSON AND THOMAS CHANDLER EMERSON 344 rn JUDICIAL DISTRICT

ORDER

On November 7, 20 J6, an agreed sell Iement was entered into by the parties. Respondent

was ordered to refinance the home located at 1334 Ben Mar Overlook, Baytown, Texas, and then

to pay into the registry of the court all proceeds from the refinancing of the above home.

On November 24, 20 I 6, the Court ordered check number J50883 in the amount of

$31,051.00 and check number 150881 in the amount of$597.67 into the registry of the court. A

total amount of the refinance ordered into the registry of the court was $31,648.67.

Pursuant to the agreed settlement, the Court now orders that $3 I ,055.00 be tendered to

Amber Raquel Emerson from the registry of the court. The remaining funds of $593 .67 are to be

tendered to Thomas Chad Emerson.

As part of the agreement, attorney's fees were to be determined by the Court. After a

thoughtful consideration with regard to the reasonableness and necessity of the attorney's fees,

the Court concludes that most attorney's fees excluding the original filing for enforcement by the

Petitioner were not reasonable and/or were not necessary to resolve the issue before the Court.

Thus, it is ordered that the Petitioner and Respondent pay their respective attorney's fees. No

post judgment interest is to be paid.

IT IS ORDERED on this tlle S"' day of Deccz. 2016. ~

THISTHE sf~D DAYOFU.c,.,.J~ A.D. 2o?k;Ar'.t:21'o·cLocK~M JUDGEPRCSING ~6~ PATTI L. HENRY D!S~NTY, TEXAS BY DEPUTY NO. 22844

IN THE MATTER OF § IN THE DISTRICT COURT OF THE MARRIAGE OF § § § THOMAS CHAD EMERSON § CHAMBERS COUNTY, TEX.AS § AND § § AMBER RAQUEL EMERSON § 344TH JUDICIAL DISTRICT

ORDER DENYING MOVANT AMBER R.\QllEL EMERSON'S MOTION FOR NEW TRIAL ON HER MOTION FOR ENFORCEMENT, ALTERNATIVELY CLARIFICATION FROM ORDER DATED DECEMBER 5, 2016

On January 12, 2017, Movant Amber Raquel Emerson's Motion for New Trial on her

Motion for Enforcement Alternatively Clarification from Order Dated December 5, 2016 came

on to be heard.

Movant, AMBER RAQUEL EMERSON, appeared in person and by attorney, HOWARD

M. KAHN, and aru10unced ready.

Respondent, THOMAS CHAD EMERSON, appeared in person and by attorney, BRUCE

A. BAUGHMAN, and announced ready.

The Court, having considered same, makes the following orders relative thereto:

IT IS ORDERED that the Movant Amber Raquel Emerson's Motion for New Trial on her

Motion for Enforcement, Alternatively Clarification from Order Dated December 5, 2016 and her

request for attorney's fees is DENIED.

, 2017.

l j APPROVED AS TO FORM:

I BY: HOWARD M. KAHN Post Office Box 3466 Houston, Texas 77253 . Telephone: (713) 572-5246 Facsimile: (713) 572-5248 E-Mai I: Howard@LoneStarLawyers.com Texas Bar Number: 11072500 A ITORNEY FOR AMBER RAQlJEL EMERSON

BRUCE A. BAUGHMAJ\:, P.C.

I ) BY: BRUCE A~GHMAN I 109 West Baker Road Baytown, Texas 77521 Telephone: (281) 422-0538 E-Mail: baughmanlawofficei@.gmail.com Texas Bar Number: 01923 700 AITORNEY FOR THOMAS CHAD EMERSON

I J j