Progressive County Mutual Insurance Company and Donald James Wilkins v. Predistell Robinson and Maenetta Robinson

• Court: Court of Appeals of Texas
• Decided: July 2, 2015
• Docket: 01-15-00572-CV
• Status: Published

Opinion

ACCEPTED 01-15-00572-CV 6/29/2015 FIRST COURT 11:33:52 PM OF APPEALS Chris Daniel - District Clerk Harris County HOUSTON, TEXAS Envelope No. 5872126 7/2/2015 6:08:58 AM By: Michelle Wojcik CHRISTOPHER PRINE Filed: 6/29/2015 11:33:52 PM CLERK

CAUSE NO. 2013-41593 FILED IN PREDISTELL ROBINSON AND § 1st COURT IN THE DISTRICT OF APPEALS COURT OF HOUSTON, TEXAS MAENETTA ROBINSON § 7/2/2015 6:08:58 AM § CHRISTOPHER A. PRINE Plaintiffs, § Clerk § v. § HARRIS COUNTY, TEXAS § PROGRESSIVE COUNTY MUTUAL § INSURANCE COMPANY AND § DONAL JAMES WILKINS § § Defendants. § 80TH JUDICIAL DISTRICT

NOTICE OF APPEAL

To the Honorable District Judge:

1. Defendants Progressive County Mutual Insurance Company and Donald James

Wilkins file this Notice of Appeal pursuant to Tex. R. App. P. 25.1(c) and 26.1(a).

2. The 80th District Court of Harris County, Texas, signed a Final Judgment on May

29, 2015, in Cause No. 2013-41593 in favor of plaintiffs Predistell Robinson and Maenetta

Robinson and against defendants Progressive County Mutual Insurance Company and

Donald James Wilkins.

3. No timely post-judgment motion was filed.

4. From the Final Judgment entered on May 29, 2015; the granting of plaintiffs’ First

Amended Motion to Tax Attorney’s Fees as Costs; and from all other related adverse

rulings entered against them in Cause No. 2013-41593, defendants Progressive County

Mutual Insurance Company and Donald James Wilkins desire to appeal to the First or Fourteenth Court of Appeals, sitting in Houston, based on the designation by the Harris

County District Clerk.

5. This appeal is from a final judgment and therefore this is NOT an accelerated

appeal.

6. An unofficial copy of the Final Judgment entered on May 29, 2015, is attached.

Respectfully Submitted,

MILLS SHIRLEY L.L.P.

By: /s/ George W. Vie III George W. Vie III State Bar No. 20579310 gvie@millsshirley.com 2228 Mechanic Street, Suite 400 Galveston, Texas 77550 (713) 571-4232 Fax (713) 893-6095

Attorneys for Appellants

2 Certificate of Service

I hereby certify that on June 29, 2015, a true and correct copy of this document was served by e-service on opposing counsel:

John Riley Friesell john.friesell@sbcglobal.net Friesell Westerlage, PLLC The Niels Esperson Building 808 Travis St., 24th Floor Houston, Texas 77002

Attorney for Plaintiffs

4819-8710-6853, v. 1

3 CAUSE NO. 2013-41593

PREDISTELL ROBINSON AND § IN THE DISTRICT COURT OF MAENETTA ROBINSON § § Plaintiffs, § § v. § HARRIS COUNTY, TEXAS § PROGRESSIVE COUNTY MUTUAL § INSURANCE COMPANY AND § DONAL JAMES WILKINS § § Defendants. § 80TH JUDICIAL DISTRICT

APPENDIX IN SUPPORT OF

By: /s/ George W. Vie III George W. Vie III State Bar No. 20579310 gvie@millsshirley.com 2228 Mechanic Street, Suite 400 Galveston, Texas 77550 (713) 571-4232 Fax (713) 893-6095

Attorneys for Defendants/Appellants

4843-1127-6069, v. 1 Appendix – Exhibit A ~ . • ' ... .•f f-c?. ~t:+ ,... \ NO. 2013-41593 ~~ PREDISTELL ROBINSON, § IN THE DISTRICT COURT OF AND MAENETTA § ROBINSON, PLAINTIFFS, § § v. § HARRIS COUNTY, TEXAS § PROGRESSIVE COUNTY MUTUAL INSURANCE COMPANY, AND DONALD JAMES WILKINS § § § (J~* DEFENDANTS § 80Tl! &ICIAL DISTRICT

~ FINAL JUDGMENT Q~ On August 18, 2014, this case was called for trial."~tiff Predistell Robinson appeared ~ in person and announced ready for trial. Plaintiff ~a Robinson appeared through counsel ~ and announced ready for trial. Defendants Progr~e County Mutual Insurance Company and ~ Donald James· Wilkins appeared in person an~ounced ready for trial. ~ After a jury was impaneled and@J~rn, it heard the evidence and arguments of counsel. In response to the jury charge, the ~made findings that the Court received, filed, and entered of record. The questions sub~~Qo the jury and the jury's fmdings are attached as Exhibit A and incorporated by ref~~ Plaintiffs filed a motion for judgment notwithstanding the

verdict. ~ <-~(/); "~ The Com~by RENDERS judgment for Plaintiffs. g 1. Acc~}sly, the Court orders that Plaintiffs recover the following from Progressive

County Mutual Insurance Company. FILED a. Actual damages in the amount of $26,000.00. Chris Daniel District Cler~

MAY 29 2015 "t:t;:£f?"' Time: Harris county, loJU'lri f) ,~ • BY.--~~--=---=~--,......_..,

- -- -- - - RECORDER'S MEMORANDUM - This instrument is of poor quality Deputy

at the time of 1magmg b. Pre-judgment interest on the actual damages awarded at the rate of 18% from

April 30, 2012 until the date of this judgment, in the amount of $14,270.79.

c. Court costs.

d. Reasonable and necessary attorney fees taxed as court costs under Texas

(}~ Insurance Code § 542.060(b) in the amount of $39,650.

e. Post-judgment interest on all of the above at the ,~e. of 5% compounded ~~-

n~~~ts annually, from the date this judgment is entered until all ~~uu are paid in full.

2. This judgment finally disposes of all claims and part~d is appealable. ~ ~v

Signed on M(A.. z,, , 2015. Qif@~ 1 ~~ ~