Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 3/4/2015 11:23:32 AM CHRISTOPHER A. PRINE Clerk *1 John D. Kinard DISTRICT 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 (405 th CRT)
Trial Judge: John Ellisor – (Case Assigned to 122 nd CRT per Order of 2/25/2015)
Court Reporter: Cylena Korkmas (405 th CRT)
Court Reporter: Judy Hansen (122 nd 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 59 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, 405 th Court Reporter
Hand-Delivered
600 59 Street, Room 4001, Galveston County Justice Center, Galveston, Texas 77551 ‐ 2388
Phone (409) 766 ‐ 2424 Fax (409) 766 ‐ 2292 *3 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 & § § 405 TH JUDICIAL DISTRICT
ASSOCIATES, P.C.
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 405 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
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.
Respectfully submitted, WILFRIED P. SCHMITZ & ASSOCIATES, P.C. /s/ Wilfried Schmitz
BY: 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.
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 3 rd 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