Case Information
*0 FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 9/2/2015 3:49:28 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 14-15-00673-CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 9/2/2015 3:49:28 PM CHRISTOPHER PRINE CLERK NO. 14-15-00673-CV
IN TIIE
COURT OF APPEALS FOR THE FOURTEENTH DISTRICT OF THE STATE OF TEXAS AT HOUSTON
WINSTON LEON IIENDRICKS Appellant,
YS.
SHARON KAYE (BERWICK) BARKE& I}IDIVIDUALLY AI{D AS THE
INDEPENDENT EXECUTRIX OF THE ESTATE OF JAMES LUTIIER BERWICK
Appellee. On Appesl from lil7th Civil District Court Harris, County, Texas APPELLANT'S RESPONSE TO COURT'S NOTICE REGARDING
COUIIT REPORTER'S RECORD AND REGARDING CLERKS RECORD
1. ls lllnston Leon Hendricks APPellee Ls
Sharon Kaye (Berwick) Barker, Individually as the IndePendent
Execut$i:r of the Estate of Ja.mes Luther Berwick.
2. The has sent a notice, dated August ther Appellantts attorney contact the Court Repofter make
arrangement payment of the Reporterr Record. Appellant s attorney attenpted to contact
Offici€rl Court Reporter tlTe L27th Civil District regarding
the record ( consistl-ng of 2 or 3 hearJ.ngs). It is assumed that the
Court Reporter has been very busy and therefore, the date to
respond has cone and gone and therefore, Appellant rs attorney needs
to repo'rt to this Court the status and request an extensl-on of tfine fl-l-er both the Court Reporterrs Record and the Clerkrs Record.
4. attorney was out of State (with a formal
vacatian Tetter for same having been duTg and ttmeTg fiTed
Harris countg ) during much of JuIy. Therefore the first part August was spent in trying to catch up and be prepared on
several. trials scheduled August.
5. Appellantrs had the official Court
Report€,r for 127th Civil Disttlct Clerk ( Court. 8.eE ortei hereln)
for portions of the record, before notlce of appeal was filed. s attorney needs to be able to contact RePorter discuss what all records she has in this case, assure that conplete record taken transcribed, has been and/or
will ber paid, filed wlth shortLy. Appellantrs attorney paid:
a. S11O.OO on october 23, 2OL4 on ck #2282 a
transcript of record belLeved be hearLng held
on August 29, 2OL4t arrd
b. $32.50 on October 28, 2014 on ck #2290 foc a
transcript of the record either October L7 or 23,
20L4.
c. Thele apparently hearing August 7,
2015, when Appellantrs attorney !'tas out State, with a
vacation letter having been timely filed. This was after
the Court had disqualified Appellant I E attorney ( upon
which this appeaT was taken). Therefore Appellant's believes was perhaps hearing at whLch
the case was dismissed. However, that dLsmLssal waE
after Appellantrs attorney had flled notlce of appeal
in the case. Appellant I s attorney deems he lraE
improperly disqualified Court. The Judge not only
ordexed rs attorney disqualified, but also
ORDERED s attorney not to dlscuss anything
about case with Appellant.
d. There appears to be a transcript on three
hearings on this matter. This is what Appellantfs
attorney and the court Reporter need to discuss to
determine if the Court Reporter has transcribed all of records or only two of three (the @r,rt 8;eI/o,EXe,r has
indicated there are tlree). Appellant a attorney left
word, by phone, Repof,ter contact him, as
Appellantrs attorney preparing this Motion. Then the
court Reporter sent an email regarding the transcrLpts,
indicating she had been one. It stated that
Court Reporter is filing one transcripts, has pald for same, and there are two others, whLch 6he
can transcribe flle. Appellantrs attorney's phone
call September I, 2OL5 to the RePorter, after
receiving the emal-I, did not resuLt in contact. Another
atternpt made on September 2, 2OtS rdLth again a
return phone number supplJ.ed by I s attorney. It
ls hoped that a response today, Septetnber 2, 2O15 wtll
result in the Court Reporter belng able to get all
transcripts filed, and payment for any unpaid transcript by Appellant's attorney same date.
e. Therefore, an extension of time to flle
the Reportert s transcripts is requested. The Harris County ls believed have sent
part of' the record, but complete aequest delayed
Appellarnt s being out of State much of July, and tryl.ng to
catch up on number of cases at the expiratlon of vacatlon
Ietter period which ended August 2OL5. A request for an
extensl.on of time have Clerkrs record completed l-s aLso
request;ed.
WHEREFORE, this is the Appellantfs first request an
extensj.on time to get RePorter Clerkrs records
fil-ed lrrith Fourteenth Court Appeals; such other and
further relief, at law or in equity, which may be
Justly entLtled.
Respectfully submitted, T. tI. PROCTOR & ASSOCIATES T. W. Proctor, J.D. ---Attorney for Appellant Glendale ltedlatlon Center 630 Uvalde llouEton, TX 77OL5-3766 (713) 4s3-8338 rBA *16350000 rAx (713) 453-3232 email : auraman6s!trbell.net CERTIFICATE OF SERVICE On Septenber 2Ot5, I, T. W. Proctor, J.D., attorney have delLvered a true and that I
for eppellant, hereby certlfy
correcl; copy of the above instrument( s) to each record
or pro se party herein, at the address(es) shown below: by sendlng
througtt ProDoc service, asking email be senti and/or sending
same by' email read receipt requested; and/or by placing same
in a U.S. post-paid certified nail wrapper, addressed as shown
below, deposited in a receptacle under the care control of U.S. Postal Servlcei and/or sendJ-ng by FAx:
WILLIaII T. PO!{ELL, J.D., LAW OFFICE OF WILLIA}4 T. POWELL, 27OO POST
OAK, SttITE 1O5O, HOUSTON, TEXAS '77056 a 7L3-722-9233 EAx 7L3-722-
9433 TBA X62O68OO Email: tede tedpoltel l la!'t. com Attorney Appellee
T. tl. Proctor, J.D.--Attorney for Appellant