Jay Cohen v. Midtown Management District, Greater Southeast Management District, Harris County, the Harris County Department of Education, the Port of Houston Authority of Harris County, the Harris County Flood Control District, and the Harris County Hospital District

Procedural entryThis page is a short order in Jay Cohen v. Midtown Management District, Greater Southeast Management District, Harris County, the Harris County Department of Education, the Port of Houston Authority of Harris County, the Harris County Flood Control District, and the Harris County Hospital District. Read the opinion of the Court — 2016 Tex. App. LEXIS 2410
Court of Appeals of Texas·Decided July 9, 2015·No. 01-14-00914-CV·Published

Opinion

ACCEPTED 01-14-00914-CV FIRST COURT OF APPEALS HOUSTON, TEXAS

TWOMEY | MAY, P.L.L.C. th 7/9/2015 4:56:13 PM TWOMEY | MAY, P.L.LCHRISTOPHER .C. PRINE CLERK Attorneys at Law 2 Riverway, 15 Floor George F. May Houston, Texas 77056 george@twomeymay.com (713) 659-0000 – Telephone (832) 201-8485 – Telecopier

FILED IN July 9, 2015 1st COURT OF APPEALS HOUSTON, TEXAS 7/9/2015 4:56:13 PM Christopher Prine Via E-File CHRISTOPHER A. PRINE Clerk of The Court Clerk Court of Appeals First District of Texas 301 Fannin Street Houston, Texas 77002-2066

RE: Case No. 01-14-00914-CV; Jay Cohen v. Midtown Management District and Greater Southwest Management District and Harris Count, the Harris County Department of Education, The Port of Houston Authority of Harris County, The Harris County Flood Control District, The Harris County, The Harris County Hospital District; In the Court of Appeals for the First District of Texas.

Dear Mr. Prine:

Although the reporter’s record was requested by Appellant, the deposit for same paid by Appellant, the court reporter prepared the record, and final payment was promptly made by Appellant, the reporter’s record has not been filed with the Court of Appeals.

Attached please find: (1) Appellant’s request for the reporter’s record, (2) a copy of Appellant counsel’s check no. 1376 for the requested deposit, (3) the court reporter’s final invoice, (4) a copy of Appellant’s counsel’s check for the $31.00 balance due, and (5) the court reporter’s record delivered by the court reporter to Appellant’s counsel on January 28, 20115.

Appellant’s counsel has attempted to contact the court reporter today to note that the reporter’s record was delivered to counsel but inadvertently not filed by the court reporter with the Court of Appeals. The reporter’s record will be filed as soon as counsel is able to reach the court reporter to correct the oversight.

Very truly yours,

/s/ George F. May/

George F. May

Counsel for Appellant

Cc: Edward “Nick” Nicholas, via email: nick.nicholas@lgbs.com Jason Bailey, via email: jbailey@pbfcm.com

EXHIBIT 1 REQUEST FOR REPORTER’S RECORD NO. 2013-16814

MIDTOWN MANAGEMENT DISTRICT, § IN THE DISTRICT COURT OF and GREATER SOUTHWEST § MANAGEMENT DISTRICT, § § Plaintiffs, § § HARRIS COUNTY, TEXAS and HARRIS COUNTY, THE HARRIS § COUNTY DEPARTMENT OF EDUCATION, § THE PORT OF HOUSTON AUTHORITY OF § HARRIS COUNTY, THE HARRIS COUNTY § FLOOD CONTROL DISTRICT, THE HARRIS § 133RD JUDICIAL DISTRICT COUNTY HOSPITAL DISTRICT, THE CITY § OF HOUSTON, HOUSTON INDEPENDENT § SCHOOL DISTRICT, AND HOUSTON § COMMUNITY COLLEGE SYSTEM, § § Intervenors § § v. § § JAY COHEN, § § Defendant §

REQUEST FOR REPORTER’S RECORD

TO THE HONORABLE COURT:

COME NOW Defendant Jay Cohen, pursuant to Rule 34.6 of the Texas Rule of

Appellate Procedure, respectfully requests that the Official Court Reporter of the District Court

prepare the transcription of all trial proceedings that were stenographically recorded together

with all Exhibits.

Defendant will, after the filing of this Request and forwarding of same to the Court

Reporter, arrange for payment of the deposit and costs for preparing the transcript pursuant to

this Request.

Respectfully submitted, TWOMEY | MAY, PLLC

/s/ George F. May/ _______________________________ George F. May State Bar No. 24037050 2 Riverway, 15th Floor Houston, Texas 77056 (713) 659-0000 Telephone (832) 201-8485 Facsimile george@twomeymay.com

Attorneys for Defendant Jay Cohen

2 CERTIFICATE OF SERVICE

I, Larry A. Vick, hereby certify that a true and correct copy of the above and foregoing instruments have been forwarded to all parties and/or counsel of record, pursuant to Rules 21 and 21a, Tex. R. Civ. P., on this 27th day of January, 2015.

Pankaj R. Parmar Angelica M. Hernandez Linebarger, Goggan, Blair & Sampson, L.L.P. 1300 Main Street, Ste 300 Houston, Texas 77002 (713) 844-3501 Fax Attorneys for Intervenors

By (check all that apply) personal delivery mail commercial delivery service X fax, email, or electronic service

Jason L. Bailey Perdue, Brandon, Fielder, Collins & Mott, L.L.P. 1235 North Loop West, Suite 600 Houston, Texas 77008 (713) 862-1429 Fax Attorneys for Plaintiffs

By (check all that apply) personal delivery mail commercial delivery service X fax, email, or electronic service

/s/ George F. May/ George F. May

Date: January 27, 2015

EXHIBIT 2 PROOF OF PAYMENT OF DEPOSIT FOR REPORTER’S RECORD

EXHIBIT 3 REPORTER’S FINAL INVOICE 1

OFFICIAL COURT REPORTER 2 133RD DISTRICT COURT 201 Caroline, 11th Floor 3 HOUSTON, TEXAS 77002

5 January 28, 2015

6 Mr. George May 7 2 Riverway, 15th Floor Houston, Texas 77056 8

9 ______________________________________________________

______________________________________________________ 11 12 Trial - November 13, 2013

13 Cause No. 2013-16814 14 Midtown Management District, et al and Harris County, The Harris County 15 Department of Education,et al vs. Jay Cohen

16 17

19 TOTAL - $131.00 DEPOSIT - $100.00 20 BALANCE - $ 31.00

22 THANK YOU ! 23

EXHIBIT 4 PROOF OF PAYMENT OF REPORTER’S FINAL INVOICE

EXHIBIT 5 REPORTER’S RECORD FINAL TRIAL 1

VOLUME 1 OF 2 VOLUMES 2 TRIAL COURT CAUSE NO. 2013-16814

3 MIDTOWN MANAGEMENT DISTRICT( IN THE DISTRICT COURT OF AND GREATER SOUTHWEST ( Plaintiffs ( 5 and HARRIS COUNTY, THE HARRIS COUNTY DEPARTMENT OF ( HOUSTON AUTHORITY OF HARRIS( FLOOD CONTROL DISTRICT, THE( DISTRICT, THE CITY OF ( SCHOOL DISTRICT, AND HOUSTON Intervenors ( 11 v. ( JAY COHEN ( 12 Defendant ( 133rd JUDICIAL DISTRICT _______________________________________________________ 13 FINAL TRIAL 14 _______________________________________________________

15 On the 15th day of November, 2013, the

16 following proceedings came on to be held in the

17 above-titled and numbered cause before the Honorable

18 JACLANEL McFARLAND, Judge Presiding, held in Houston,

19 Harris County, Texas.

20 Proceedings reported by computerized stenotype

21 machine.

OFFICIAL COURT REPORTER 24 133RD DISTRICT COURT HARRIS COUNTY, TEXAS 25

DARLENE STEIN FINAL TRIAL 2

2 Ms. Yolanda M. Humphrey SBN 24009764 3 1235 North Loop West, Suite 600 Houston, Texas 77008 4 Telephone: (713) 862-1429 (Fax) Attorney for Plaintiffs 5

6 Ms. Angelica M. Hernandez SBN 00797872 7 Linebarger, Goggan, Blair & Sampson, L.L.P. 1300 Main Street, Suite 300 8 Houston, Texas 77002 Telephone: (713) 844-3501 9 Attorney for Intervenors

DARLENE STEIN FINAL TRIAL 3

3 A. Tax Statements 5 5 1

4 B. Tax Statements 5 5 1

10 A. Tax Statements 5 5 1

11 B. Affidavit 5 5 1

DARLENE STEIN FINAL TRIAL 4

1 (P R O C E E D I N G S)

3 THE COURT: The court calls cause number

4 2013-16814, Greater Southwest Management District vs. Jay

5 H. Cohen.

6 If you will announce who you are and who

7 you represent.

8 MS. HUMPHREY: Yolanda Humphrey and I'm

9 here on behalf of Plaintiffs.

10 MS. HERNANDEZ: Angelica Hernandez on

11 behalf of the Intervenors, Harris County and County Wide

12 Jurisdiction, City of Houston, Houston Community College

13 System and Houston Independent School District.

14 THE COURT: I call Mr. Cohen. Are you in

15 the courtroom?

16 Deputy, have you gone out and called his

17 name in the hall? Any answer?

18 BAILIFF: No answer, Judge.

19 THE COURT: Okay. Let the record reflect

20 that Jay H. Cohen has previously filed an answer in this

21 cause and has been given notice of the trial date and he

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Jay Cohen v. Midtown Management District, Greater Southeast Management District, Harris County, the Harris County Department of Education, the Port of Houston Authority of Harris County, the Harris County Flood Control District, and the Harris County Hospital District, (Tex. Ct. App. 2015).

Jay Cohen v. Midtown Management District, Greater Southeast Management District, Harris County, the Harris County Department of Education, the Port of Houston Authority of Harris County, the Harris County Flood Control District, and the Harris County Hospital District (Jay Cohen v. Midtown Management District, Greater Southeast Management District, Harris County, the Harris County Department of Education, the Port of Houston Authority of Harris County, the Harris County Flood Control District, and the Harris County Hospital District) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

§ 406.013
Texas GV § 406.013