PAUPERS OATH CAUSE No. 01-14-00429-CV
IN THE COURT OF APPEALS
FIRST DISTRICT OF TEXAS DBCHzou IN HOUSTON eta* ARR"* STATE OF MISSOURI county of Iane^
AFFIDAVIT OF MOTION REINSTATE CASE
BEFORE ME The undersigned authority on this day personally appeared (LgMnflicb (fDfm\fTL MofakSwho being by me duly sworn on oath state. TO THE HONORABLE COURT:
Iln requesting that the MOTION FOR NEW TRIAL the
statement made in this af fi davit ,__are true and correct.
friDf) §ks SUSCRIBED AND SWORN TO BEFORE ME SgbfinlAft ^IfWfllg^.^n^ this H^ day of OrtobpY" 20 \L\ L Notary Public State of Missouri
PRINTED NAME My Commision Expires.
-W(XK4 "21 9oi? SHIRLEY L POWELL Notary Pubte - State ofMissouri My Commission Expires January 27,2018 Taney County Commission 914868663 CAUSE No, 01-14-00429-CV
REYNALDO MORALES. IN THE COURT OF APPEALS Appellant,
vs. FIRST DISTRICT OF TEXAS
TRAVELERS INDEMNITY CO. OF AT HOUSTON CONNECTICUT, Appellee,
TO THE HONORABLE JUDGE OF SAID COURT£
COMES NOW, Reynaldo Morales the appellant in the above, entitled and numbered cause, and files this Motion to Reinstate of- Case and would respectfully show the Court the following;
BACKGROUND
This is a workers compensation case.Plaintiff sustained an injury of my employment on March 17, 2000. I was assigned claim number 00166 571 by the division of Workers Compensation. A dispute arose between Plaintiff and Defendant about the extent of Plaintiffs compensable injury, a hearing was held before the Division of Workers Compensation on December 10th, 2008, to determine whether Plaintiff* compensable injury of March 17 2000, included cervical and lumbar radiculopathy, herniated disps at C4-5 and C5-6,herniated discs at L4-5and L5-S1 and instability of lumbar spine.The hearing officer issued a written decision for i-ibs Appeal.
The hearing officer ruled that Plaintiffs compensable injury of Marctri 17 2000 did not include cervical and lumbar radilucopathy, herniated- tfiscss at C4^5, C5-6 and L4-5 LS ^i . ^ • 5,L5-Sl,and instability of lumbar sPine,the
i©F3 Reazon of this decision was ,because never were presented and disscused all the proofs of this damages in front of the hearing officer.
Plaintiff originally filed suit on September 11, 2009 and it was assigned cause number DC-09-12253-B,The case was set in the 44th- Judicial District Court of Dallas County. Following a hearing on Defendants mot ion,Judge Carlos Cortes entered judgment* On April 5th 2010 Judge Carlos Cortes signed the judgment and the same time LOCKED the petition of the Defendant.
And the Judge Carlos Cortes gave an opportunity to show up at court on September 7th 2010,. The Plaintiff never showed up at court the Plaintiff he had not plenty money for his bus ticket and the case was Disaissed for want of Prosecution.
On December 20th 2010 the plaintiffs case was sent by mistake to 192th Judicial District Court With Judge Craig Smith following a hearing on Defendants Motion Judge Craig Smith entered judgment in favor of Defendant on May 9th 2011. The Plaintiff filed a motion to reinstate of Case and the case was sent back to the 44th Judicial Court with Judge Carlos Cortes.
WHERE, PREMISES CONSIDERED, APP6.V.JANT Reynaldo Morales PRAYS to the Court granst this MOTION REINSTATE OF CASE, and order that the Kppe\a.&mt takes the benefits he deserves by law of this Law- Suit and the same time a final Hearing.
VERY TRULY YOURS
ALDO MORALES CERTIFICATE OF SERVICE
This is to certify that I have forwarded a true and correct
copy of the foregoin instrument,A?PELUvAlTS MOTION TO REINSTATE OF CASE on this day of Ik-tU OP htt^BE*, lbV\ as follows;
BY CERTIFIED MAIL.
Jfa lh&££ EVNALDO MORAL?
JaFf CERTIFICATE OF CONFERENCE.
FOR MOTION TO REINSTATE CASE. CAUSE No, 01-14-00429-CV
CERTIFICATE OF CONFERENCE FOR MOTION TO REINSTATE CASE FOR
NEW TRIAL
TO THE HONORABLES JUDGES OF SAID COURT:
Comes now Reynaldo Morales, in the above and numbered cause, and files
this Certificate of Conference for Motion to Reinstate Case for New Trial,
and respectfully show to the Court the following:
ON September 11th 2009, The Plaintiff filed a Law-Suit and it was assigned cause- No. DC-o9-12253-B, the Case was set in the 44th Judicial DC of Dallas County. Following a hearing on Defendants Motion, Judge Carlos Cortez entered judgment ON April 5th 2010 Judge CARLOS Cortez signed the judgment. After that the Plaintiff filed a MOTION TO REINSTATE OF CASE and it was MOTION FOR NEW TRIAL on February 27th 2012, and the MOTION was DENIED. ON February 7th 2013 PLAINTIFF filed in an Original Petition, Cause No DC-1300-310 in the 101th Judicial District Court, in Dallas County Texas, on May 10th 2013, the Court grants Defendants Motion for Summary Judgment, by a, SUBMISSION JUDGMENT SIGNED BY JUDGE MARTIN LOWY FROM THE lQlst JUDICIAL DISTRICT- 4
COURT OF DALLAS COUNTY TEXAS. (See the Legal pages Attached).
lof2 S^J&flfl EmR(vt\n*J
This LAW-SUTT BELONGS TO THE CAUSE NO.DC-09-12253-B in the
44th Judicial District Court of Dallas County, Texas,with Judge Carlos Cortez. there was another change to do something, it was on 101st Judicial District,-
Court in Dallas County with Judge MARTIN LOWY CAUSE No. DC-13-00310.
I DISAGREE with the process during those four years I had been at District-
Court. The Statute of Limitations Period has EXPIRED.
TO THE HONORABLE FIRST COURT OF APPEALS, THE Appellant Reynaldo Morales, PRAYS TO be Granted with this MOTION for NEW TRIAL it is PENDING ON the CAUSE -
No. DC-09-12253-B and it was Motion to Reintate . Case for New Trial
and was DENIED on February 27th 2012 by Judge Carlos Cortez in the 44th District- Court of Dallas County Texas.
WHEREFORE, PREMISES CONSIDERED, The Appellant REYNALDO MORALES PRAYS to the
HONORABLE FIRST COURT OF APPEALS grants an opportunity, to show up at court, and Appellant takes everything by the way of this DISPOSITION OR LAW-SUTT.
CERTIFICATE OF SERVICE
This is that, on this day of: ta.cz^ivg TJ^-frU 2014, I forwarded a tru and correct- copy of the foregoing letter, with the proposed Appellants cCertificate of cConferen- ce for Motion to Reinstate Case for New Trial.
RESPECTFULLY SUBMITTED.
lor 2. VIA US MAIL FEBRUARY 7TH, 2012,
Cleric of the court
44th Judcial District
600 Commerce St
Dailas, TX 75202
Re; Cause No DC-09- 12253*
Reynaldo Morales v. Travelers Indemnity of Connecticut In the 44th-B Judicial Court of Dallas County, Texas
Dear Sr. Christopher R. Lowe;
This letter serves as notification that Plaintiffs
Motion to reinstate Case in the above-referenced case
has been ordered set for hearing on February 27th 2012 at 10;30 am. in the 44th Judicial Court of Dallas County located at 600 Commerce St Dallas TX 75202
VERY TRULY YOURS,
VIA CERTIFIED Wltm^^"^^^-^^*^ DAVID KLOSTERBOER AND ASSOCIATES.
130IE. COLLINS BLVD, SUITE 490
RICHARDSON , TEXAS 75081.
SENDER: COMP1.E - ECfION COMPLETE THIS SECTION ON DELIVERY: a Complete items 1.2;and 3.Also complete A. Signs item 4 if Restricted Delivery is desired. • Print your name and address on the reverse t^/^/K^c^1J3 Addressee so thatwecanreturn the cardto you. • Attach this card tothe back ofthemailplece, B, Received by(Printed Name) Jlvery ; or on the front ifspace permits. 1. Article D. Is delivery address different fromitem17 IfYES, enterdelivery address below: D No
3. Type 'Certified Mail D Express Mail • Registered D Return Receipt forMerchandise D Insured Mail D C.O.D. 4. Restricted Delivery? (Extra Fee) Q Yes 72. Article Artipla Number Klnmhsr '
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PAUPERS OATH CAUSE No. 01-14-00429-CV
IN THE COURT OF APPEALS
FIRST DISTRICT OF TEXAS DBCHzou IN HOUSTON eta* ARR"* STATE OF MISSOURI county of Iane^
AFFIDAVIT OF MOTION REINSTATE CASE
BEFORE ME The undersigned authority on this day personally appeared (LgMnflicb (fDfm\fTL MofakSwho being by me duly sworn on oath state. TO THE HONORABLE COURT:
Iln requesting that the MOTION FOR NEW TRIAL the
statement made in this af fi davit ,__are true and correct.
friDf) §ks SUSCRIBED AND SWORN TO BEFORE ME SgbfinlAft ^IfWfllg^.^n^ this H^ day of OrtobpY" 20 \L\ L Notary Public State of Missouri
PRINTED NAME My Commision Expires.
-W(XK4 "21 9oi? SHIRLEY L POWELL Notary Pubte - State ofMissouri My Commission Expires January 27,2018 Taney County Commission 914868663 CAUSE No, 01-14-00429-CV
REYNALDO MORALES. IN THE COURT OF APPEALS Appellant,
vs. FIRST DISTRICT OF TEXAS
TRAVELERS INDEMNITY CO. OF AT HOUSTON CONNECTICUT, Appellee,
TO THE HONORABLE JUDGE OF SAID COURT£
COMES NOW, Reynaldo Morales the appellant in the above, entitled and numbered cause, and files this Motion to Reinstate of- Case and would respectfully show the Court the following;
BACKGROUND
This is a workers compensation case.Plaintiff sustained an injury of my employment on March 17, 2000. I was assigned claim number 00166 571 by the division of Workers Compensation. A dispute arose between Plaintiff and Defendant about the extent of Plaintiffs compensable injury, a hearing was held before the Division of Workers Compensation on December 10th, 2008, to determine whether Plaintiff* compensable injury of March 17 2000, included cervical and lumbar radiculopathy, herniated disps at C4-5 and C5-6,herniated discs at L4-5and L5-S1 and instability of lumbar spine.The hearing officer issued a written decision for i-ibs Appeal.
The hearing officer ruled that Plaintiffs compensable injury of Marctri 17 2000 did not include cervical and lumbar radilucopathy, herniated- tfiscss at C4^5, C5-6 and L4-5 LS ^i . ^ • 5,L5-Sl,and instability of lumbar sPine,the
i©F3 Reazon of this decision was ,because never were presented and disscused all the proofs of this damages in front of the hearing officer.
Plaintiff originally filed suit on September 11, 2009 and it was assigned cause number DC-09-12253-B,The case was set in the 44th- Judicial District Court of Dallas County. Following a hearing on Defendants mot ion,Judge Carlos Cortes entered judgment* On April 5th 2010 Judge Carlos Cortes signed the judgment and the same time LOCKED the petition of the Defendant.
And the Judge Carlos Cortes gave an opportunity to show up at court on September 7th 2010,. The Plaintiff never showed up at court the Plaintiff he had not plenty money for his bus ticket and the case was Disaissed for want of Prosecution.
On December 20th 2010 the plaintiffs case was sent by mistake to 192th Judicial District Court With Judge Craig Smith following a hearing on Defendants Motion Judge Craig Smith entered judgment in favor of Defendant on May 9th 2011. The Plaintiff filed a motion to reinstate of Case and the case was sent back to the 44th Judicial Court with Judge Carlos Cortes.
WHERE, PREMISES CONSIDERED, APP6.V.JANT Reynaldo Morales PRAYS to the Court granst this MOTION REINSTATE OF CASE, and order that the Kppe\a.&mt takes the benefits he deserves by law of this Law- Suit and the same time a final Hearing.
VERY TRULY YOURS
ALDO MORALES CERTIFICATE OF SERVICE
This is to certify that I have forwarded a true and correct
copy of the foregoin instrument,A?PELUvAlTS MOTION TO REINSTATE OF CASE on this day of Ik-tU OP htt^BE*, lbV\ as follows;
BY CERTIFIED MAIL.
Jfa lh&££ EVNALDO MORAL?
JaFf CERTIFICATE OF CONFERENCE.
FOR MOTION TO REINSTATE CASE. CAUSE No, 01-14-00429-CV
CERTIFICATE OF CONFERENCE FOR MOTION TO REINSTATE CASE FOR
NEW TRIAL
TO THE HONORABLES JUDGES OF SAID COURT:
Comes now Reynaldo Morales, in the above and numbered cause, and files
this Certificate of Conference for Motion to Reinstate Case for New Trial,
and respectfully show to the Court the following:
ON September 11th 2009, The Plaintiff filed a Law-Suit and it was assigned cause- No. DC-o9-12253-B, the Case was set in the 44th Judicial DC of Dallas County. Following a hearing on Defendants Motion, Judge Carlos Cortez entered judgment ON April 5th 2010 Judge CARLOS Cortez signed the judgment. After that the Plaintiff filed a MOTION TO REINSTATE OF CASE and it was MOTION FOR NEW TRIAL on February 27th 2012, and the MOTION was DENIED. ON February 7th 2013 PLAINTIFF filed in an Original Petition, Cause No DC-1300-310 in the 101th Judicial District Court, in Dallas County Texas, on May 10th 2013, the Court grants Defendants Motion for Summary Judgment, by a, SUBMISSION JUDGMENT SIGNED BY JUDGE MARTIN LOWY FROM THE lQlst JUDICIAL DISTRICT- 4
COURT OF DALLAS COUNTY TEXAS. (See the Legal pages Attached).
lof2 S^J&flfl EmR(vt\n*J
This LAW-SUTT BELONGS TO THE CAUSE NO.DC-09-12253-B in the
44th Judicial District Court of Dallas County, Texas,with Judge Carlos Cortez. there was another change to do something, it was on 101st Judicial District,-
Court in Dallas County with Judge MARTIN LOWY CAUSE No. DC-13-00310.
I DISAGREE with the process during those four years I had been at District-
Court. The Statute of Limitations Period has EXPIRED.
TO THE HONORABLE FIRST COURT OF APPEALS, THE Appellant Reynaldo Morales, PRAYS TO be Granted with this MOTION for NEW TRIAL it is PENDING ON the CAUSE -
No. DC-09-12253-B and it was Motion to Reintate . Case for New Trial
and was DENIED on February 27th 2012 by Judge Carlos Cortez in the 44th District- Court of Dallas County Texas.
WHEREFORE, PREMISES CONSIDERED, The Appellant REYNALDO MORALES PRAYS to the
HONORABLE FIRST COURT OF APPEALS grants an opportunity, to show up at court, and Appellant takes everything by the way of this DISPOSITION OR LAW-SUTT.
CERTIFICATE OF SERVICE
This is that, on this day of: ta.cz^ivg TJ^-frU 2014, I forwarded a tru and correct- copy of the foregoing letter, with the proposed Appellants cCertificate of cConferen- ce for Motion to Reinstate Case for New Trial.
RESPECTFULLY SUBMITTED.
lor 2. VIA US MAIL FEBRUARY 7TH, 2012,
Cleric of the court
44th Judcial District
600 Commerce St
Dailas, TX 75202
Re; Cause No DC-09- 12253*
Reynaldo Morales v. Travelers Indemnity of Connecticut In the 44th-B Judicial Court of Dallas County, Texas
Dear Sr. Christopher R. Lowe;
This letter serves as notification that Plaintiffs
Motion to reinstate Case in the above-referenced case
has been ordered set for hearing on February 27th 2012 at 10;30 am. in the 44th Judicial Court of Dallas County located at 600 Commerce St Dallas TX 75202
VERY TRULY YOURS,
VIA CERTIFIED Wltm^^"^^^-^^*^ DAVID KLOSTERBOER AND ASSOCIATES.
130IE. COLLINS BLVD, SUITE 490
RICHARDSON , TEXAS 75081.
SENDER: COMP1.E - ECfION COMPLETE THIS SECTION ON DELIVERY: a Complete items 1.2;and 3.Also complete A. Signs item 4 if Restricted Delivery is desired. • Print your name and address on the reverse t^/^/K^c^1J3 Addressee so thatwecanreturn the cardto you. • Attach this card tothe back ofthemailplece, B, Received by(Printed Name) Jlvery ; or on the front ifspace permits. 1. Article D. Is delivery address different fromitem17 IfYES, enterdelivery address below: D No
3. Type 'Certified Mail D Express Mail • Registered D Return Receipt forMerchandise D Insured Mail D C.O.D. 4. Restricted Delivery? (Extra Fee) Q Yes 72. Article Artipla Number Klnmhsr '
(Transfer from service label} 7011 0110 DDQg S54T 8270 i-of b PS Form 3811, February 2004 DomesticReturn Receipt I02595-02-M-1540 4RE '000349 CAUSE NO. PC-13-00310
REYNALDO MORALES, § IN THE DISTRICT COURT PLAINTIFF, § § VS. § 101ST JUDICIAL DISTRICT § TRAVELERS INDEMNITY CO. OF § CONNECTICUT, § DEFENDANT. § DALLAS COUNTY, TEXAS
JUDGMENT
A hearing/was held on the ((/ day of
Defendant's Motion for Summary Judgment.
y*eeofdt-€3«istepfagrR.-Luwi. Plaintiff, pro se; alscrappeapedfHaving considered Defendant'
Motion, Plaintiffs Response, and the pleadings on file in this matter, the Court finds the motion
tobe meritorious. The court grants Defendant's Motion for Summary Judgment
The court therefore enters judgment as follows:
It is hereby ORDERED, ADJUDGED, AND DECREED, that Plaintiff take nothing by
way of this suit;
IT IS FURTHER ORDERED that all taxable court costs aretaxed against Plaintiff.
All relief not otherwise granted is denied.
Signed this [Q day of /^L^a
JUDGE PRESIDING
JUDGMENT Page 1 of 1
loFfc TAMPERING WITH THIS LABEL NULLIFIES THE CERTIFICATION Texas Dc Division of V 7551 Metro Centei i/mt, hub iw - nusuu, icaos /0/H4-1UHU 512-804-4000 • 512-804-4001 fax • www.tdi.state.tx.us
STATE OF TEXAS
COUNTY OF TRAVIS
CERTDJICATION OF SPECIFIED INSTRUMENTS
The Commissioner of the Division of Workers' Compensation* as the chief administrative and executive officer and custodian of records of the Division of Workers' Compensation has delegated to the undersigned the authority to certify the authenticity of documents filed with or maintained by or within the custodial authority ofthe Division ofWorkers' Compensation (DWC) ofthe Texas Department of Insurance. Therefore, I, Tiffany Duarte, Chief Clerk of Proceedings for Hearings hereby certify that the attached documents are true and correct copies of the documents described below. I further certified that the documents described below are filed with or maintained by or within the custodial authority of the Division of Workers' Compensation of the Texas Department of Insurance.
Record File on docket number 00-166571-05: Reynaldo Morales v. Travelers Indemnity Company Of Connecticut
I FURTHER CERTIFY that these records are kept by the DWC in the regularcourse of business and it was in the regular course of business of the DWC for an employee or representative of the DWC to make the records or to transmit the information thereof to be included in such records; and the records were made at or near the time or reasonably soon thereafter.
IN TESTIMONY WHEREOF, witness my hand and seal of office in Austin, Texas on June 25, 2010.
Rod Bordelon S if} .♦• jA Commissioner of the Division of Workers' Compensation
Tiffany Duarte Chief Clerk of Pro
Do notremove anyofthe attached records or detach thiscertification page. These actions nullify the certification. "-. Tl^^^^^^^ WI303HNHflU8r rj3 b (T? $
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1551 -Aero Cw^ie*. ^ ^lTi 10°
Hoosroi) T#*s, 77002-. Court of Appeals
First District
301 Fannin Street
Houston, Texas 77002
RE: Court of Appeals Number: 01-14-00429-CV
Trial Court Case Number: 2013-54065
Style: Reynaldo Morales vs HD Architectural Products and Travelers Indemnity Co. of Connec
ticut.
Dear Clerk
Enclosed you find, a request for Re-hearing of Motion to Reinstate of Case for New Trial,
Certificate of Conference for New Trial, Affidavit of Motion to Reinstate of Case for New Trial
and a money order fee for the cost of the Motion.
Thank You, for handling this matter for us.
VERY TRULY YOURS iSfPf-if
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