John E. Rodarte, Sr. v. Ralph Lopez

Opinion

Trial No . 2OO5-CI-18884 Appeal KO.04-15-00012-CV

JOHN E. RODARTE SR-, § IN THE FOURTH Affiant, Appellant, Plaintiff, - -O51^ In Propia Persona § ., <** vs § OF APPEALS^ATT ^ BEXAR COUNTY,TEXAS,SHERIFF § : J" g RALPH LOPEZ,ET AL, = ' — L> — '..'•"■ Appellees,Defendants SAN ANTON 10,.TEXAST . ■ ■ kl> '■■'' notice of appeal, motion for appellate record, with brief in support

To The Honorable Justices:

Now comes John E. Rodarte Sr .,Affiant,Appellant,Plaintiff *an3 on

this date of January 23,2015 completes this document,for the aoove styled and numbered cause of action,and will show the followinq:

A hearinq was held on October 20,2014 concerning a Bill Of Review Motion by the plaintiff and was dismissed on the same date.

As per this court's correspondence,dated January 09,2015 received

on January 21,2015 which offers evidence of questionable mail handl ing ,pardon,correspondence dated January 12,2015,is still received

rather late- Appellant,Rodarte,has yet to receive a trial court order,concern

ing a submission for a new trial,due to among other things,a hearing held in violation of plaintiff's request for a jury trial and a settinq on the jury docket of September 24,2015 as afforded by the pleadinqs and arguments presented by the plaintiff,and in further violation of Texas Rules Of Civil Procedure,245...,in place ot the word noncontested,plaintiff will offer the word contested in its place,unless the trial court would like to explain how it heard plaintiff's case on October 20,2014 clearly in violation of rule 245,in which this case is highly contested,thus,may not be disposed of at any time-

Again,said hearinq on October 20,2014 and dismissal,is in further violation of Rules Of Civil Procedure,247,every suit shall be tried when it is called no cause which has been set upon the trial docket for the date set,except by agreement of the parties.-.,this is where trial court committed grave error,the court,took it

1- . Rodarte's Notice Of Appeal,Appeal Record,(January 23,2015)

Themself/well with the judge making the determination,to will

fully call a hearing,other than the trial by jury date,and without

any notice or agreement known to the plaintiff,to remove the case

from the jury docket in a contested case,in which,all issues were

set for a jury's determination. This denies plaintiff Rodarte,his

right to due process,a right to a jury trial as afforded by the

7th and 14th Amendments of the U.S. Constitution.

Plaintiff Rodarte,will state,that the above mentioned case,should

be subjected to the rigors of Title VII Civil Rights Act Of 1871,due

to the questionable issues concerning this case on two aspects. One/

the defendants failure in taking the initiative in taking responsi

bility for a clear injury to plaintif,for failing to provide safe

transportation,causing verified back injury. Two,for doing all in

its power,to defend and use the law,to avoid responsibility and

liability to plaintiff Rodarte. The defendants,had offered twice,

to settle,when the amount of settlement that was offered by the

defendants is compared to other similar injuries,the defendants,

only insulted plaintiff by trying to make an offer,that could havy

been made out of someone back pocket or coat pocket. Such an insult,

did one very important thing,it offered evidence of liability and

responsibility,thus a case more than ready for a jury trial.

The very same thing occurred on December 05,2011 when the case

became subjected to the very identical game on October 20,2014.

As the caselaw applied by the plaintiff in his Bill Of Review/it

should not only convince this court of what is correct according to

the law,but what it must do according to the law and reinstate the

case to its original status,otherwise,plaintiff's fundamental and

substantial rightS/as well as the constitutional violations will

forever stay injured just as his back is,due to unsafe transportation

and denial of law.

Therefore,plaintiff Rodarte,motions for a full appellate record/

this way this court,may see,not only the clear concealment of pro

per application of law by the defendants and their constituents,the

denial of lawful relief to the plaintiff,medical/monetary/its just

pitiful. This pursuant to T.R.A.P. rules 33.1;20.1;21.3;25.1;26.1(a)

(l);34.5;34.6;35.1(a);35.3(a)(l)(2). Respectf^^^bmitted, Rodarte's Notice Of Appeal/Appellate /record,(January 23/2015)

CONCLUSION

Mr. Rodarte,simply will plead/the record,upon a review with a lawful eye/will uncover volumes/and coincide with Rodarte's issues

ever since the December 01/2005 filing of this civil case.

Respect fiillHTDone

PRAYER & Plaintiff Rodarte/makes his petition known to God in the highest; that the honorable Fourth Court Of Appeals,grant the relief souqht.

Respect foJ^lw Done,

C7

CERTIFICATE OF SERVICE

Thjis is to certify/that a true and correct copy of this foregoing document,has been sent to Mr. Clarkson F. Brown,Assistant District Attorney,at 101 West Nueva St.,Suite 5049 San Antonio,Texas 78205

Executed On This January 23,2015 Respectfully Done

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R.HARRISON NOTARY PUBLIC. STATE OF TEXAS

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lh arte Sr ■- Clements Unit 9601 Spur 591 Aniarillo, Texas LEGAL MAIL LEGAL MAIL en Fourth Court Of Appeals in ■^ r Office Of The Clerk 300 Dolorosd St.,Suite 3200 San Antonio,Texas 78205-3037 CM I CO. LlJ r CO I 1 \

^PRIVILEGED OFFENDER i..Mil- * NOT INSPECTED BY TEXAS j DEPARTMENT OF CRINllNAt . JUSTICE - CORRECTIONAL ' INSTITUTIONS DIVISION