Wilfried P. Schmitz v. Jimmy Brill Cox

• Court: Court of Appeals of Texas
• Decided: March 4, 2015
• Docket: 01-15-00199-CV
• Status: Published

Opinion

FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 3/4/2015 11:23:32 AM John D. Kinard CHRISTOPHER A. PRINE DISTRICT CLERK Clerk GALVESTON COUNTY, TEXAS March 04, 2015

First Court of Appeals Christopher A. Prine, Clerk of Court 301 Fannin 2nd floor Houston, TX 77002-2066

CORRECTED NOTICE OF ASSIGNMENT ON APPEAL

IN RE: Cause No. 14-CV-0246, Styled Jimmy Brill Cox, Trustee of the Jimmy Brill Cox Trust vs. Rosenda Englis Cox, Et Al- Filed in 122nd District Court of Galveston County, Texas

Dear Clerk:

Please find enclosed a copy of the notice of appeal filed in the above case. This case is assigned to the 1st Court of Appeals, Houston, Texas.

Please note the following information: Date of Appealable Order or Judgment: None Notice of Appeal: 3/3/15 Motion for New Trial filed: None Request for Finding of Facts and Conclusions of Law filed: None Trial Judge: Michelle Slaughter (405th CRT) Trial Judge: John Ellisor – (Case Assigned to 122nd CRT per Order of 2/25/2015) Court Reporter: Cylena Korkmas (405th CRT) Court Reporter: Judy Hansen (122nd CRT)

Request is hereby made that all parties immediately file any designation of material to be included in the Clerk’s record. Any Motions for Extension of Time to file the record on appeal must be filed directly with the Court of Appeals A copy of this assignment letter is being mailed to all counsel of record. Please file mark the additional copy of this letter and return the same to my office.

Sincerely,

John D. Kinard District Clerk Galveston County, Texas

By: /s/ Shailja Dixit, Deputy 600 59th Street, Room 4001, Galveston County Justice Center, Galveston, Texas 77551‐2388

Phone (409) 766‐2424 Fax (409) 766‐2292

Copy sent to

Wilfried P. Schmitz Attorney for Wilfried P. Schmitz & Associates P.C. 17040 El Camino Real, Ste. 400 Houston, TX 77058-0000

Marybeth M. Nelson Attorney for Jimmy Brill Cox 830 Apollo Houston, TX 77058

Cylena Korkmas, 405th Court Reporter Hand-Delivered

600 59th Street, Room 4001, Galveston County Justice Center, Galveston, Texas 77551‐2388

Filed: 3/3/2015 4:16:18 PM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 4356798 By: Shailja Dixit 3/4/2015 7:58:06 AM

NO. 14CV0246

JIMMY BRILL COX, TRUSTEE § IN THE DISTRICT COURT FOR OF THE JIMMY BRILL COX § TRUST § § vs. § GALVESTON COUNTY, TEXAS § ROSENDA ENGLIS COX AND § WILFRIED P. SCHMITZ & § ASSOCIATES, P.C. § 405TH JUDICIAL DISTRICT

DEFENDANT’S NOTICE OF APPEAL

TO THE HONORABLE JUDGE:

Defendant, Wilfried P. Schmitz & Associates, P.C. (“Defendant”) files this

Notice of Appeal and respectfully would show the Court as follows:

I.

The case is pending in the 405th Judicial District Court of Galveston County,

Texas as Cause No. 14-CV-0246, and is styled Jimmy Brill Cox, Trustee of the

Jimmy Brill Cox Trust vs. Rosenda Englis Cox and Wilfried P. Schmitz &

Associates, P.C.

II.

This appeal involves Chapter 27 of the Texas Civil Practice & Remedies

Code, which is known as the Citizens Participation Act, and which became

effective on June 17, 2011. Specifically, Defendant appeals the trial court’s failure

DEFENDANTS’ NOTICE OF APPEAL 1 to rule on their Motion to Dismiss under Chapter 27 within the time prescribed by

Section 27.005. Due to the trial court’s failure to rule, Defendant’s Motion to

Dismiss under Chapter 27 is considered to have been denied by operation of law.

This appeal is taken in accordance with Tex. Civ. Prac. & Rem. Code §27.008 and

Tex. R. App. P. 28.1.

III.

Defendant desires to appeal.

IV.

The appeal is taken to the First or Fourteenth District Court of Appeals in

Houston, Texas.

V.

Defendant is the party filing this notice.

VI.

An appellate court should expedite the appeal in this matter. Tex. Civ. Prac.

& Rem. Code § 27.008(b)

WHERFORE, PREMISES CONSIDERED, Defendant Wilfried P. Schmitz

& Associates, P.C. files this Notice of Appeal, thus perfecting an appeal of the trial

court’s Order.

DEFENDANTS’ NOTICE OF APPEAL 2 Respectfully submitted,

WILFRIED P. SCHMITZ & ASSOCIATES, P.C.

BY: /s/ Wilfried Schmitz Wilfried P. Schmitz Texas Bar No. 17778700 17040 El Camino Real, Suite 400 Houston, Texas 77058 Phone: (281) 486-5066 Email: Court_documents@schmitzlaw.com Attorneys for Defendant, Wilfried P. Schmitz & Associates, P.C.

DEFENDANTS’ NOTICE OF APPEAL 3 Certificate of Service

This is to certify a true and correct copy of Defendant’s Notice of Appeal was forwarded to all parties and/or counsel of record on this 3rd day of March, 2015, pursuant to Texas Rules of Civil and Appellate Procedure, via hand delivery, certified mail, return receipt requested and/or electronic mail to the following:

Marybeth M. Nelson 830 Apollo Houston, Texas 77058 Email: marybethnelson@yahoo.com Attorney for Jimmy Brill Cox, Trustee of the Jimmy Brill Cox Trust

Dan Krieger Law Office of Dan Krieger 215 E. Galveston Street League City, Texas 77573 Email: dan@kriegerlawfirm.com Attorney for Rosenda Englis Cox

Gregory P. Crinion Crinion Davis & Richardson, LLP 17040 El Camino Real, Suite 200 Houston, Texas 77058 Email: gcrinion@cdrlegal.com Attorney for Wilfried P. Schmitz & Associates, P.C.

/s/ Wilfried Schmitz Wilfried P. Schmitz

DEFENDANTS’ NOTICE OF APPEAL 4