Reynaldo Morales v. Travelers Indemnity Company of Connecticut

CourtCourt of Appeals of Texas
DecidedDecember 29, 2014
Docket01-14-00429-CV
StatusPublished

This text of Reynaldo Morales v. Travelers Indemnity Company of Connecticut (Reynaldo Morales v. Travelers Indemnity Company of Connecticut) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Reynaldo Morales v. Travelers Indemnity Company of Connecticut, (Tex. Ct. App. 2014).

Opinion

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 '

Free access — add to your briefcase to read the full text and ask questions with AI

Cite This Page — Counsel Stack

Bluebook (online)
Reynaldo Morales v. Travelers Indemnity Company of Connecticut, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reynaldo-morales-v-travelers-indemnity-company-of-connecticut-texapp-2014.