Deylan Walker v. Sonia Diaz, S.I.U., D/B/A QBE Select Insurance Solutions Limited, QBE Americas, Inc. D/B/A QBE America Services, Inc.

• Court: Court of Appeals of Texas
• Decided: October 9, 2023
• Docket: 05-23-00161-CV
• Status: Published

Opinion

RECEIVED Court of Appeals OCT 09 2023 Ruben Morin Clerk, 5th District FILED No. 05-23-00161-CV 23 OCT -9 PH 12= I 2 In the Court of Appeals r:: . 1c1:, vi. ·s l!SrRtCT CLERK For the Fifth District of Texas at Dallas IALLA$ CS .. TEXAS _ _ _ _ _ tE,UTY DEYLAN WALKER

Appellant,

V.

QBE AMERICAS, INC. AND SONIA DIAZ, ET AL

Appellees,

On appeal from the 101 st Judicial District Court of Dallas County, Texas Cause Number: DC-19-14300 The Honorable Staci Williams, Presiding Judge

APP:r.=LLANT'S FOURTH EMERGENCYMOTION FOR EXTENSION OF TIME TO FILE REPORTER'S RECORD

APPELLANT Deylan Walker P.O. Box 224943 Dallas, Texas 75222 214.536.4097 PROSE TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

I.

Pursuant to Texas Rules of Appellate Procedure 10.5(b) and 38.6, Appellant

moves for a fourth extension of time in which to file reporter's record, to thirty

days after the deadline of October 16, 2023, with a new deadline of November 16,

2023, for several reasons, 1.) The 5th Court of Appeals originally set a due date for

the reporter's record of May 17, 2023, but Terri Etekochay failed to provide

Appellant list of hearing dates and costs for hearings in order for Appellant to

obtain the appropriate funds to pay for the reporter's record; 2.) The 5th Court of

Appeals set a another due date for the reporter's record of October 21, 2023, but

Terri Etekochay failed to provide Appellant list of hearing dates and costs for

hearings in order for Appellant to obtain the appropriate funds to pay for the

reporter's record though Appellant had provided a request for the reporter's record

and associated cost for each record; 3.) The 5th Court of Appeals originally set a

due date for the reporter's record of October 31, 2023, and order Terri Etekochay

failed to provide Appellant list of hearing dates and costs for hearings in order for

Appellant pay for the reporter's record; 4.) Appellant received the invoice for

$775.00 for the cost of several reporter's records that were taken by Terri

Etekochay, Official Court Reporter for the l0P1 Judicial District Court; 5.) It has

taken several months for Terri Etekochay, Official Court Reporter for the 101 st

2 Judicial District Court to comply with several 5 th Court of Appeal orders for the

reporters record and accordingly to provide Appellant with relevant associated cost

of hearings and list of hearings taken by her and any other substitute court

reporters; 6.) As a result of cost of $775.00 due for the several court

reports/transcripts taken by Terri Etekochay, Appellant is unable to provide or

afford to pay for all the reporter's records at this time due to the last minute notice

of the costs of the court reporters records and deliberate numerous delays and

intentional false statements made to the 5th Court of Appelas by Terri Etekochay

that have caused undo harm in which is irreparable and put the Appellant in a

negative situation with the 5 th Court of Appeals with the current deadline of

October 5, 2023 to pay or arrange payment arrangements to pay for the court

reporter's records including the one court reporter's record due by Norma Rico for

$375.00. 7.) Appellant can afford to pay at this time for the one court reporter's

record in the amount of $375.00 to Norma Rico for the reporter's record taken on

February 17, 2022 Motion to Withdraw hearing; 8.) Appellant requests an

extension for another 30 to 45 days (new due date of November 5, 2023 to

November 20, 2023) in order to pay for the additional costs of the reporter's record

due to the many delays for several months caused by Terri Etekochay that caused

Appellant to request the previous three extensions for time to pay for the reporter's

records in which had appellant been provided the requested costs associated with

3 all the reporter's records prior to the original due date of May 17, 2023, Appellant

would have had enough time to obtain the proper amount of funding to paty for the

reporters by the deadline of October 5, 2023 or before; 9.) Appellant makes this

request to extend the due date of payment due to exigent financial circumstances

and Appellant doesn't have $1,125.00 for the total cost of the remaining reporter's

records to pay in such a short notice of time; 10.) Appellant would pray on the

Courts mercy and take all matters relating to the conduct of Terri Etekochay who

has blatantly and knowingly made false statements to the 5th Court of Appeals as

an officer of the court and in violation of her state certification and Appellant's

diligence in attempting to comply with each court order to the best of his ability,

but appellant has been hindered in his ability to comply due to Mrs. Etekochay; 11.)

This request is not made for delay but so that justice can be done; 12.) Appellant

will provide proof of payment to Norma Rico in susbsequent emergency motion

filed on October 6, 2023 with 5th Court of Appeals with prrof of mailed payment;

13.) Appellant would request court to grant an Order - ordering Terri Etekochay to

provide Appellant individual cost of each reporter's record 13.) Appellant requests

that under no circumstances that any party, Court staff in 101 st Judicial District

Court or 5th Court of Appeals use any email address to communicate with Plaintiff/

Appellant under any circumstances, in specifically Terri Etekochay - Official

Court Reporter, 101 st Judicial District Court and for Ms. Etekochay to delete any

4 email addresses that she may have that may have been related to Plaintiff /

Appellant; 14.) This is the fourth request for an extension of time in with respect to

this deadline to pay for reporter's record only due to failure of Terri Etekochay -

Official Court Reporter for the 101 st Judicial District Court for non compliance

with 5th Court of Appeals ORDER. The foregoing facts are within the personal

knowledge of the undersigned and they are true and correct.

II.

WHEREFORE, PREMISES CONSIDERED, Appellantt respectfully and hu

mbly pray: this Court enter an ORDER granting Appellant's emergencv motion to

extend time to file the Reporter's Record to 30 days to 45 days on November 5 to

November 20, 2023; and for an general relief Court may determine under law and

equity.

Deylan Walker P.O. Box 224943 Dallas, Texas 75222 214.536.4097 Appellant

5 CERTIFICATE OF CONFERENCE

I certify that, on October 5, 2023, I have not conferred with Appellee's coun

sel regarding the merits of this motion and Appellee's counsel has not agreed to thi

s motion.

CERTIFICATE OF SERVICE

The undersigned certifies that a true and correct copy of the foregoing Third

Emergency Motion was served on all counsel of record in accordance with the Tex

as Rules of Appellate Procedure via certified mail, fax or hand delivered, on Octob

er 5, 2023:

Attachment (s):

J. Heath Coffman I 00 Main Street Fort Worth, Texas 76102-3090 hcoffman@belaw.com Attorney for Appellee