Cecil Adams and Maxine Adams v. Rebecca Ross

• Court: Court of Appeals of Texas
• Decided: April 8, 2015
• Docket: 01-15-00315-CV
• Status: Published

Opinion

on 4/8/201510:19:13 AM

OFFICE OF STAN STANART FILED IN COUNTY CLERK, HARRIS COUNTY, TEXAS 1st COURT OF APPEALS CIVIL COURTS DEPARTMENT HOUSTON, TEXAS 4/8/2015 10:23:32 AM 8, 2015 CHRISTOPHER A. PRINE Clerk Court of Appeals 301 Fannin Houston, Texas 77002

LETTER OF ASSIGNMENT

Trial Court Docket Number: 1044023 Trial Court Number: Three (3)

Style: ADAMS AND CECIL ADAMS VS. REVECCA ROSS APPELLANT(S) APPELLEE(S)

Judge: LINDA STOREY I

Appellant(s) Attorney: Appellee(s) Attorney: Pro Se Timothy Henderson, N o. 09432500 5510 South Rice No. 1206 6300 West Loop South, Suite 280 Houston, Texas 77081 Bellaire, Texas 77401-2905 Phone: (713) 840-0330 Phone: (713) 667-7878 Fax: N/A Fax: (713) 668-5697 E-Mail: N/A E-Mail: timjhenderson@msn.com

Maxine Adams and Cecil Adams, appellants, filed a Notice of Appeal on April 2, 2015 from the Final that was signed on 5, 2015.

Motion for Reconsideration filed January 30, 2015

The Clerk’s Record is due to your office on or before 5, 2015.

/S/Joshua Alegria Joshua Alegria Deputy Clerk P.O. Box 1525 Houston, TX 77251-1525 (713) 755-64211>.o.

1525 I TX 77251-1525 I (713) 755-6421

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1 4/2/2015 PM _ County Harris

CAUSE NO. 1,044,023 _ MAXINE ADAMS AND § CECIL ADAMS § THE COUNTY CIVIL COURT § § ATLAW REBECCAROSS § § HARRIS COUNTY, TEXAS

NOTICE OF APPEAL TO THE 1ST COURT OF APPEALS AND FOR COURT REPORTER’S RECORD

NOW HERE COMES Cecil and Maxine Adams (collectively the

"Adams”) to this notice of appeal to the pursuant to TEX. R. APP. P.

("RULE") 25.1 and Request for Record. A Request for the

Reporters Record is included in this notice of appeal.

1. This is notice that the Adams seek to appeal the following orders:

a. Order 1: Final Judgment and Decree and Order Granting Rebecca

Ross’s Motion for Summary Judgment and Enforcement Binding

Settlement Agreement By Performance Signed on January 5,

2015.

b. Order 2: Notice —Order Signed on March 16, 2015

Adams requests the listed reporters record: Adams Notice of Appeal l of 3

2 1. Oral Hearingsheard on Wednesday,May 14,2014 at 9:00 a.m.

2. Oral Hearings heard on Tuesday, March 3, 2015 at 9:00 a.m.

3. Oral Hearings heard on Monday, March 16, 2015 at 9:00 a.m.

Submittedthis 2nd day of April 2015.

By: Cec1lAdams,PRO SE 5510SouthRice#1206,Houston, 77081 7l3.840.0330

Local Rule Notice of and Assignment of Related Case in Appeals

As required by the Local Rules Relating to Assignment of Related Cases to and Transfersof Related Cases betweenthe First and Courts of Appeals, I certify that the following related appeal or original proceeding has been previously in either the First or Fourteenth Court of Appeals:

XNone MaxineAdamsandCecilAdams

CERTIFICATEOF SERVICE

This is to certify that a true and correct copy of the above pleading was served by United States Mail, return receipt requested, postage prepaid, and/or by fax and/or by hand delivery and/or electronically through the electronic

AdamsNoticeof Appeal 2 of 3

3 manager and/or by email by upon all persons or counsel at the address(es) below by MaxineAdams on the 2nd day of April 2015:

TimothyJ. Henderson 6300WestLoop Suite280 Bellaire,Texas 77401-2905 713.667.7878 713.668.5697 (fax)

FORREBECCA COUNSEL ROSS

Adams of 3 3

4 CAUSE 1,044,023 ADAMS INTHE COUNTY CIVIL COURT CECILADAMS, § § ATLAWNUMBER REBECCAROSS, §§ Defendant. § HARRIS COUNTY, TEXAS

JUDGMENT ANDDECREEANDORDER GRANTINGREBECCA MOTIONFORSUMMARY JUDGMENT TOENFORCEBINDINGSETTLEMENT AGREEMENT BYSPECIFICPERFORMANCE THE COURT has Defendant Rebecca Ross ("R0ss") Motion for

Summary Judgment to Enforce Binding Settlement Agreement by Specific

Performance and any responses thereto, and the Court is of the

opinion that the Motion should be GRANTED and, it is therefore:

ORDERED that RoSs’s Motion for Summary Judgment to Enforce Binding

Settlement Agreement by is GRANTED; and it if further,

ORDERED that all of as to Maxine Adams and Cecil the

"Adams") claims against Rebecca Ross are hereby DISMISSED; and it

is further,Page

l of 3

5 .

ORDERED that the to execute —-everywhere appropriate — the

Releaseand Documents,which is hereto as Exhibit"A—2"and

is by reference into this Order as though set forth herein

verbatim (the"Releaseand D0cuments”). thatthe It is ORDERED Adams deliver the Release and Corollary Documents to counsel for Ross within

five (5) days the execution of this Final Judgment, Decree and Order. The

Release and Corollary Documents, drafted pursuant to the original mediated

Settlement Agreement, and the 14 corollary documents, contain the necessary

items for the performance of the original mediated Settlement Agreement;

itifsurther and ORDERED that, pursuant to Rules 131, 141 and 303 of the Texas Rules of

Civil Procedure, all costs of Court in this cause are taxed against the Adams; and it

is further,ORDERED

that this is a final judgment that disposes of all claims and

parties.Pursuant

the toR308 ule of Civil Rules of Texas theshall Procedure, Court RETAIN the power to enforce this and Decree.

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DGE PRE ING

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At RECORDER’S of foundto reproduction for was photo of AH or