Kelly &Smith, P.C. Attorneys at Law 4305 Yoakum Blvd. FILED IN Houston, Texas 77006 1ST COURTOF APPEALS Telephone: (713)861-9900 HOUF^m TEXAS Facsimile: (713)861-7100 MAY 1 8 2015 May 13,2015 CHRfoi»ro HHINE
CLER Via Regular Mail Court of Appeals First District 301 Fannin Street Houston, Texas 77002-2066
Re: Court of Appeals Number: 01-15-00406-CV
Trial Court case: Cause No. 2011-47304; Candis M. Mora, et al. vs. Trinidad Drilling, LLC d/b/a Trinidad Drilling GP, LLC, etal; In the 165th Judicial District Court of Harris County, Texas.
Dear Clerk:
Enclosed for filing in our Firm check number 3746 in the amount of $195.00 for the fee associated with the Appellant Fee.
Thank you for your assistance in this matter. With cordial good wishes, I remain
Very truly yours,
Kelly & Smith, P.C.
Amber D. Durham Legal Assistant to Loren R. Smith
Enclosures (as stated)
AIG-Mora/Clerk.Fee.051315 FILE COPY
Sherry Kadaok Christopher A. Prine P-5 o Chief Justice Clerk of the Court
i-l Terry Jennings Janet Williams Evelyn Keyes Chief Staff attorney H Laura Carter Higley § Jane Bland Court of Appeals Phone: 713-274-2700 Fax: 713-755-8131 Michael M aSsengale a HaRVev Brown First District h Rescca Hi:ddi.f. www.txcourts.gov/Islcoa.iispx Q Russell Lloyd 301 Fannin Street JUSTICES £ H fa s Houston, Texas 77002-2066 ^ April 30, 2015 •>8 Donna K. Emenhiser Robert Bailey<^#ltman Waltman & Grisham Waltman &s&|sTiam 2807 S Texas Ave Ste 201 2807 STe|^ Ave #201 Bryan, TX 77802-5326 Bryani46jfi77802-5326 * DELIVERED VIA E-MAIL * *DEL^yERED VIA E-MAIL * Loren R. Smith Kelly & Smith FILED 4305 Yoakum Blvd. Chris Daniel Houston, TX 77006 District Clerk * DELIVERED VIA E-MAIL * MAY 01 2015 arris County, Texas RE: Court of Appeals Number: 01-1 trial Court Case Number: 201 Deputy
Style: New Hampshire Insurance G v. Candis M. Mora, et al
ERAL INFORMATION
On April 30, 2015, fw^er of assignment from the 165th District Court trial-court clerk and a copy of the notice o^&ppeal filed by New Hampshire Insurance Company in the trial court was received andfobeketed as Cause Number 01-15-00406-CV. This Notice contains information about soracjjfthe rules and procedures that govern prosecution ofan appeal pending before the FirstCohi^F Appeals.
Texas I&P^ of Appellate Procedure 9.6 requires parties and counsel to communicate about a pending) appeal only through the Clerk's office and they may not communicate with either the ju||&es or their staff about acase. It is also improper to send adocument to the Court about anc^gpeal unless a copy of it is served on all other parties to the appeal at the same time. See Tex. R. App. P. 9.5(d), (e).
Effective January 1, 2014, all attorneys in civil cases and criminal cases must electronically file all documents (except a document submitted under seal or subject to a motion to seal) through theEfileTexas.gov electronic filing system. A party representing themselves pro se (without an attorney) in a civil case, is encouraged to e-file documents, but is not required to do so. Electronically tiled documents must conform to TEX. R. APP. P. 9.4 and must be completed through EfileTexas.gov, http://wwW.efiletexas.gov. Electronically filed briefs must KILE COPY
comply with TEX, R. APP. P. 9.4 and with the Texas Supreme Court's Redaction Guidelines found at http://www.supremc.courts.state.tx.us/ebriefs/RedactionGuidclines.pdf.
INFORMATION ABOUT THE FILING FEE
Unless an appellant is exempt from paying filing fees or has been declared indigent, the appellant must pay the required $195 filing fee to'prosecute the appeal. See Tp. R. App. P. 5 (requiring payment of fees in civil cases unless excused) and 20.1 (listing^^uirements for establishing indigence).
This letter is NOTICE to the appellant that the required filing'^etnust be paid within twenty (20) days of the date of this notice. A party who files electH&ieally may pay by credit card through the Tex.gov process. Or, aparty may pay With cash ii^erson at the Clerk's office, 301 Fannin, Houston, Texas 77002. Afiler may also pay by (I^ssbney order, cashier's check, or certified check issued by a U.S. financial institution or (2) a^mohey order issued by the United States Postal Service. A money orderOr a check must be miS&payablc to "Clerk, First Court of Appeals." °<|P There is only one $195 filing fee for eacb==aopellate ease, regardless of how many appellants there may be, or if multiple notices of appeal are filed. Multiple appellants who are not indigent or exempt must determine amongst th^pelves how the filing fee will be paid. INFORMATION ABQUJT&IE APPELLATE RECORD
This letter is NOTICE to the appelpht that the Court may dismiss an appeal for want of prosecution, if the clerk's record is nofcfiled and it is appellant's fault. See TEX. R. APP. P. 37.3(b); 42.3. This letter is also NO^:E to the appellant that if it is appellant's fault that the reporter's record is not filed, the ©a§rt may decide the appeal on those issues or points that do not require a reporter's record f^rjoecision. See TEX. R. APP. P. 37.3(c). Any motion related to informalities in the manner
Frorhfiijbrmation currently available, it appears that the trial court signed the final judgment earner appealable order on April 20, 2015. Because the notice of appeal indicates that a poi^adgment motion was not filed, unless the Court receives information to the contrary, the trial court clerk is due to file the clerk's record and the court reporter is due to file the reporter's record on or before June 19,2015.
The appellant and/or appellee should inform the Court as soon as possible if (1) this appeal is accelerated or (2) if there is disagreement about (a) the date the trial court signed the hi LK COPY
final judgment or appealable order or (b) whether a post-judgment motion or request for findings of fact and conclusions of law was timely filed in the trial court.
It is mandatory that both the clerk's record and the reporter's record be filed electronically. Both the trial-court clerk and the court reporter are asked to complete the information sheet on the "Forms" page of the Court's website, http://www.txcourts.gov/lstcoa/practice-before-the-cdurt/forms.aspx. and file k^with the Court within ten (10) days of the date of this Notice. The parties do not need to file amotion to extend time to file either the clerk's record or the reporter's record. See Texas^Jples of Appellate Procedure 34.5(b)(1), (c)(2), 35.3(c), and 35.6(b)(1) and Appendix C@!e Texas Rules of Appellate Procedure for electronic filing related to preparation of the appellate record.
Parties are encouraged towork together and with the trial cot^clerk and court reporter to properly designate all necessary items and portions of the testimonpto be included in the initial records. The Court generally will not granta motion to extend%mi to file a brief because a party requests to supplement the record with an item or portion oC&etcstimony that the party did not timely designate for inclusion in the initial clerk's record exporter's record. See Tex. R. App. P. 10.5(b), 34.5(c)(1), 34.6(d), 38.6(d). ^ INFORMATION ABOUT FIKNG DOCUMENTS
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Kelly &Smith, P.C. Attorneys at Law 4305 Yoakum Blvd. FILED IN Houston, Texas 77006 1ST COURTOF APPEALS Telephone: (713)861-9900 HOUF^m TEXAS Facsimile: (713)861-7100 MAY 1 8 2015 May 13,2015 CHRfoi»ro HHINE
CLER Via Regular Mail Court of Appeals First District 301 Fannin Street Houston, Texas 77002-2066
Re: Court of Appeals Number: 01-15-00406-CV
Trial Court case: Cause No. 2011-47304; Candis M. Mora, et al. vs. Trinidad Drilling, LLC d/b/a Trinidad Drilling GP, LLC, etal; In the 165th Judicial District Court of Harris County, Texas.
Dear Clerk:
Enclosed for filing in our Firm check number 3746 in the amount of $195.00 for the fee associated with the Appellant Fee.
Thank you for your assistance in this matter. With cordial good wishes, I remain
Very truly yours,
Kelly & Smith, P.C.
Amber D. Durham Legal Assistant to Loren R. Smith
Enclosures (as stated)
AIG-Mora/Clerk.Fee.051315 FILE COPY
Sherry Kadaok Christopher A. Prine P-5 o Chief Justice Clerk of the Court
i-l Terry Jennings Janet Williams Evelyn Keyes Chief Staff attorney H Laura Carter Higley § Jane Bland Court of Appeals Phone: 713-274-2700 Fax: 713-755-8131 Michael M aSsengale a HaRVev Brown First District h Rescca Hi:ddi.f. www.txcourts.gov/Islcoa.iispx Q Russell Lloyd 301 Fannin Street JUSTICES £ H fa s Houston, Texas 77002-2066 ^ April 30, 2015 •>8 Donna K. Emenhiser Robert Bailey<^#ltman Waltman & Grisham Waltman &s&|sTiam 2807 S Texas Ave Ste 201 2807 STe|^ Ave #201 Bryan, TX 77802-5326 Bryani46jfi77802-5326 * DELIVERED VIA E-MAIL * *DEL^yERED VIA E-MAIL * Loren R. Smith Kelly & Smith FILED 4305 Yoakum Blvd. Chris Daniel Houston, TX 77006 District Clerk * DELIVERED VIA E-MAIL * MAY 01 2015 arris County, Texas RE: Court of Appeals Number: 01-1 trial Court Case Number: 201 Deputy
Style: New Hampshire Insurance G v. Candis M. Mora, et al
ERAL INFORMATION
On April 30, 2015, fw^er of assignment from the 165th District Court trial-court clerk and a copy of the notice o^&ppeal filed by New Hampshire Insurance Company in the trial court was received andfobeketed as Cause Number 01-15-00406-CV. This Notice contains information about soracjjfthe rules and procedures that govern prosecution ofan appeal pending before the FirstCohi^F Appeals.
Texas I&P^ of Appellate Procedure 9.6 requires parties and counsel to communicate about a pending) appeal only through the Clerk's office and they may not communicate with either the ju||&es or their staff about acase. It is also improper to send adocument to the Court about anc^gpeal unless a copy of it is served on all other parties to the appeal at the same time. See Tex. R. App. P. 9.5(d), (e).
Effective January 1, 2014, all attorneys in civil cases and criminal cases must electronically file all documents (except a document submitted under seal or subject to a motion to seal) through theEfileTexas.gov electronic filing system. A party representing themselves pro se (without an attorney) in a civil case, is encouraged to e-file documents, but is not required to do so. Electronically tiled documents must conform to TEX. R. APP. P. 9.4 and must be completed through EfileTexas.gov, http://wwW.efiletexas.gov. Electronically filed briefs must KILE COPY
comply with TEX, R. APP. P. 9.4 and with the Texas Supreme Court's Redaction Guidelines found at http://www.supremc.courts.state.tx.us/ebriefs/RedactionGuidclines.pdf.
INFORMATION ABOUT THE FILING FEE
Unless an appellant is exempt from paying filing fees or has been declared indigent, the appellant must pay the required $195 filing fee to'prosecute the appeal. See Tp. R. App. P. 5 (requiring payment of fees in civil cases unless excused) and 20.1 (listing^^uirements for establishing indigence).
This letter is NOTICE to the appellant that the required filing'^etnust be paid within twenty (20) days of the date of this notice. A party who files electH&ieally may pay by credit card through the Tex.gov process. Or, aparty may pay With cash ii^erson at the Clerk's office, 301 Fannin, Houston, Texas 77002. Afiler may also pay by (I^ssbney order, cashier's check, or certified check issued by a U.S. financial institution or (2) a^mohey order issued by the United States Postal Service. A money orderOr a check must be miS&payablc to "Clerk, First Court of Appeals." °<|P There is only one $195 filing fee for eacb==aopellate ease, regardless of how many appellants there may be, or if multiple notices of appeal are filed. Multiple appellants who are not indigent or exempt must determine amongst th^pelves how the filing fee will be paid. INFORMATION ABQUJT&IE APPELLATE RECORD
This letter is NOTICE to the appelpht that the Court may dismiss an appeal for want of prosecution, if the clerk's record is nofcfiled and it is appellant's fault. See TEX. R. APP. P. 37.3(b); 42.3. This letter is also NO^:E to the appellant that if it is appellant's fault that the reporter's record is not filed, the ©a§rt may decide the appeal on those issues or points that do not require a reporter's record f^rjoecision. See TEX. R. APP. P. 37.3(c). Any motion related to informalities in the manner
Frorhfiijbrmation currently available, it appears that the trial court signed the final judgment earner appealable order on April 20, 2015. Because the notice of appeal indicates that a poi^adgment motion was not filed, unless the Court receives information to the contrary, the trial court clerk is due to file the clerk's record and the court reporter is due to file the reporter's record on or before June 19,2015.
The appellant and/or appellee should inform the Court as soon as possible if (1) this appeal is accelerated or (2) if there is disagreement about (a) the date the trial court signed the hi LK COPY
final judgment or appealable order or (b) whether a post-judgment motion or request for findings of fact and conclusions of law was timely filed in the trial court.
It is mandatory that both the clerk's record and the reporter's record be filed electronically. Both the trial-court clerk and the court reporter are asked to complete the information sheet on the "Forms" page of the Court's website, http://www.txcourts.gov/lstcoa/practice-before-the-cdurt/forms.aspx. and file k^with the Court within ten (10) days of the date of this Notice. The parties do not need to file amotion to extend time to file either the clerk's record or the reporter's record. See Texas^Jples of Appellate Procedure 34.5(b)(1), (c)(2), 35.3(c), and 35.6(b)(1) and Appendix C@!e Texas Rules of Appellate Procedure for electronic filing related to preparation of the appellate record.
Parties are encouraged towork together and with the trial cot^clerk and court reporter to properly designate all necessary items and portions of the testimonpto be included in the initial records. The Court generally will not granta motion to extend%mi to file a brief because a party requests to supplement the record with an item or portion oC&etcstimony that the party did not timely designate for inclusion in the initial clerk's record exporter's record. See Tex. R. App. P. 10.5(b), 34.5(c)(1), 34.6(d), 38.6(d). ^ INFORMATION ABOUT FIKNG DOCUMENTS
Texas Rule of Appellate Procedure .jft^controls the number of paper copies and documents filed in paper form. All documeMsmust include a certificate of service. See Tex. R, App. P. 9.5(d), (e). All civil motions mus^nerude a certificate of conference, TEX. R. APP. P. 10.1(a)(5), and require a$10 filing fee, utfRps the movant has established indigence of is exempt from the advance payment of filing fe*s. e.g., the State or a political subdivision of the State. See TEX. R. APP. P. 5; FEES CIV G^ES B(3); Op. Tex Att'y Gen. No. DM-459 (1997). The Court treats a civil motion reques^^multiple types of relief as separate motions and requires a separate $10 filing fee for each rffonon.
INFORMATION ABOUT THE DOCKETING STATEMENT An appellant is rlgaired to file adocketing statement. See Tex. R. App. P. 42.3. Until the Clerk's record is filcd»jhe docketing statement is the primary source of accurate information about anewly-filed<^ieal. The information is used to establish appellate deadlines and to send notices to the $Q|I§r parties at the correct addresses. The "Forms" section of the Court's website iriclude^^docketing statement or the appellant may call the Clerk's office and ask that one be mailedOn this case, the Docketing Statement should be filed within twenty (20) days of the date of^tnf^otice. Section X must be completed if an appellant believes that his/her civil appellate matter may qualify for the Pro Bono Program sponsored and administered solely by the State Bar of Texas (SBOT) and the Houston Bar Association's Appellate Practice Section (HBA). See the following Websites for information: (1) State Bar of Texas Pro Bono Program, First Court of Appeals, http;//www.tcx-app.org/DrawQnePagc.aspx?PagcID=82; (2) the Houston Bar FILE COPY
Association's website.http://www.hba.org/services/:and (3) http://www.txcourts.gOv/lstCOA. Practice Before the Court, Forms, Civil Docketing Statement.
Section XI of the docketing statement is an optional section that requests information related to potential participation in an alternate dispute resolution process or mediation. The Court strongly encourages the parties to provide this information due to the successful history of alternative dispute resolution/mediation processes, even in cases where suchsuccess initially appeared unlikely. ^^ INFORMATION ABOUT BRIEFS
Effective January 1, 2014, all attorneys in civil cases
INFORMATION ABOUT ATTORNEYS^PEARING BEFORE THE COURT Texas Rule of Appellate Procedufel^ governs matters related to an attorney's representation of aparty before the Court.<^torneys must promptly notify the Clerk's office of any change of address or change in designation of the lead counsel for aparty. Anonresident attorney who is not a member of the^State Bar of Texas must satisfy the requirements for participation in a Texas legal raa^r found on the Board of Law Examiners' website http://wwW.ble.state.txAis. '
INFORMATION ABOUT NOTICES TO PARTIES
Notice must be senftb4ll parties of anyjudgment, mandate, or order issued. See Tex. R. App. P. 12.6. Ifa pai^yjp represented by an attorney, notice will be sent to the party's lead counsel. See Tex. RXiAPP. P. 9.5(b). Information available to the public about a case may be found on the "Case^fonnation" page ofthe Court's website. Parties may sign up for e-mail notices about ac|iyjt$ intheir case onthe "CaseMaiP page of the website STANDARDS OF APPELLATE CONDUCT
Tfie=£ourt follows the Standards of Appellate Conduct adopted by the Supreme Court of Texas and the Courtof Criminal Appeals. All attorneys and parties—including pro se litigants— are expected to fully comply with these standards, as well as all applicable provisions of the Texas Rules of Appellate Procedure, the Texas Disciplinary Rules of Professional Conduct, and the Code of Judicial Conduct. See the "Court Rules" page, "Other Rules Governing Attorneys" of the Texas Supreme Court's website, http://www.txcourts.gov/supremc.aspx. or call and ask that a copy be mailed to you. FILE COPY
Should you have questions at any time throughout the appellate process of your case, please do not hesitate to call the Clerk's office at 713-274-2700.
Sincerely, Christopher A. Prine, Clerk of the Court
£• ?f cc: The Honorable Chris Daniel (DELIVERED VIA E-MAIL) Hon. Olen Underwood (DELIVERED VIA E-MAIL) J&» Court Reporter 165th District Court (DELIVERED VIA E-MAILfe^ Judge 165th District Court (DELIVERED VIA E-MAIL) J^> ^
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