Juan Enriquez v. Brad Livingston

Court of Appeals of Texas·Decided September 24, 2015·No. 12-15-00225-CV·Published

Opinion

12-15-do a^S-CO

CAUSE NO. XXX-XX-XXXX

JUAN ENRIQUEZ, § IN THE DISTRI Plaintiff,

v, 369TH JUDICIA §

BRAD LIVINGSTON, ET AL., § Defendants. ANDERSON COUNTY, TEXAS

AMENDED NOTICE OF APPEAL

Juan Enriquez, Plaintiff, herein gives notice that he will

appeal to the Court of Appeals for the 12th District of Texas

from the Order of Dismissal entered in this cause on April 22,

2015, but which the District Clerk did not mail to Plaintiff

until July 1, 2015, as reflected by the postmark on the envelope,

whereupon a "motion to vacate and correct judgment" was filed

July 15, 2015, via mailbox rule filing, which motion is presumably

still pending, but Plaintiff filed notice of appeal to ensure

timely filing as the district clerk does not provide the Plaintiff

with orders entered in this case.

Enriquez

'122

TDCJ-Michael 2664 FM 2054 Tennessee Colony, TX 75886 Certificate of Service

I, Juan Enriquez, certify that a correct copy of the above notice of appeal was served by placing same in the United States mail, postage prepaid, on September 17, 2015, addressed to Ken Paxton, Attorney General of Texas, P. 0. Box 12548, Justin, TX 78711, and to Janice Staples, District Clerk, Courthouse, 500 N. Church St., Rm 18, Palestine, TX 75801.

Enriqu

Mailbox Rule FH^fng Verification I, Juan Enriquez, declare under penalty of perjury that the foregoing notice of appeal was filed September 17, 2015, by placing same in the Institutional Mail System, first class mail, postage prepaid, addressed to Clerk, 12th Court of Appeals, 1517 W. Front St., Tyler, TX 75702. Executed on September 17, 2015.

227122 TDCJ-Michael 2664 FM 2054 Tennessee Colony, $LE§JN£OURT OF APPEALS September 17, 2015 12th Court of Appeals District Ms. Pam Estes SEP 2 4 2015 Clerk Twelfth Court of Appeals 1517 West Front Street TYLER TEXAS

Tyler, TX 75702 PAM ESTES, CLERK Re: No. 12-15-00225-CV; Juan Enriqeuz v. Brad Livingston, et al Trial Court No. 369-5019

Dear Ms. Estes:

I am not sure what is meant by "on or before September 24, 2015, the information is amended to show thejurisdiction of this Court", so I have submitted for filing an Amended Notice of Appeal, which explains that the order of dismissal of April 22, 2015, was not mailed to me until July 1, 2015, and that I filed a motion to vacate judgment shortly after I got the order of dismissal in July, 2015.

Very truly yours,

<s

an Enriquez

Enclosure cc: Ken Paxton, Jr.

Janice Staples

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