Case Information
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FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 3/29/2015 2:11:53 PM CHRISTOPHER A. PRINE Clerk FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 3/30/2015 11:25:00 AM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-14-01028-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 3/29/2015 2:11:53 PM CHRISTOPHER PRINE CLERK IN THE COURT OF APPEALS FIRST DISTRICT 301 Fannin St, Houston, TX, 77002 1 st COA Case No. 01-14-01028-CV (Oral Argument Waived) Originating Court Case No. 2014-63727 BROWSERWEB MEDIA AGENCY Appellant v.
MAXUS ENERGY CORPORATION Appellee MOTION FOR PRODUCTION OF MISSING DOCUMENTS (CLERK’S RECORD) *2 Case No. 01-14-01028-CV ORDER
The appellant refers to the Order dated March 10 th , clarifying the pro-se’s
misunderstanding of the fact that the lower court’s fee is in respect of the Clerk’s
Record and not the Court Reporters Record and wishes to thank the Court for the
detailed explanation.
THE MISSING DOCUMENTS (CLERK ’ S RECORD) Upon receipt of the above Order and ruling, the Appellant entered into a phone call
with the District Clerk’s office pertaining to the Clerk’s Record, fees and what
documents were filed with this Appeals Court. Appellant was emailed an Index of
the submission, Exhibit 329 (by Duane C. Gilmore, Civil/Family Post Trial Clerk).
If you review the Index of documents, auspiciously absent is the Return of Citation
and other documents pertaining to Service, Petition and Citation process by the
lower court in this jurisdictional case.
The appellant has made it very clear at all times, the argument in this appeal is lack
of contract, lack of jurisdiction and the crux of this case. Ultimately this appeals
case revolves around the invalid service.
It is this pro-se Appellants understanding of Texas law that:
“Once the Respondent “has been served with a copy of the petition”, the process
server must complete a Return of Citation. The return lets the judge know how and
when the Respondent was served. The Return of Citation must be filed in the clerk’s
office with the rest of the court papers.”
Extract from http://texaslawhelp.org/ - helping low income individuals solve civil legal issues (reference; PDF
http://texaslawhelp.org/files/685E99A9-A3EB-6584-CA74-137E0474AE2C/attachments/E1597076-A0B9-476A-
9C2E-2D7E4277AEC3/def_judg_kit_2005_to_2011.pdf ).
In this Appellant’s case, Browserweb Media Agency and / or Mark Burke were never
served properly and thus is one of the main arguments of the Appellant in this case
to be presented.
Maxus and their debt collecting legal firm has four methods of allowable service
under Texas law and none was executed correctly;
(i) Personal Service
(ii) Service by Certified Mail
(iii) Substituted or Alternative Service
(iv) Publication
The Appellant, unfortunately and innocently, did not understand that he could have
any say in the compilation of the Clerk’s Record. However, the fact that the lower
court decided to submit the incomplete, yet unnecessarily overloaded record to this
Court on their own volition is not the Appellants fault and he should not be judged
by their actions.
The lower court submitted this Court Record to the appeals court and sent the
appellant an invoice stating the appellant “requested this information” . This is
wrong and quite improper as the appellant never – as stated before, ever, requested
the Clerk’s Record as submitted.
Hence this Motion for Production of documents that are relevant to the Appeals
case is being respectfully pleaded. The most critical documents pertaining to the
Service Process are not included.
However, it may well be that service was known by the lower court to be
incomplete. If the records show this documentation is not on file at the Clerk’s office
of the lower court, the law suit should have been at an end.
However, if the papers pertaining to Return of Service were submitted and accepted
by the Clerk’s office, it is critical evidence in this case.
PRODUCTION OF DOCUMENTS In order for justice to be served fairly in this law suit, the pro-se Appellant
respectfully requests that the missing documents, namely the Return of Citation
and other documents pertaining to Service, Petition and Citation process as
documented by the lower court in this jurisdictional case be ordered to be
produced.
Or
An affidavit is ordered to be submitted by the lower court that these documents are
not included in their filing, as Service was not completed. (In which case it begs
the question how the case went forward).
Unfortunately, without this clarification from the lower court, we will all be missing
the vital flow of events and legal paper-trail that should have occurred.
As it stands, the Appellant is being asked to pay for the thousands of pages of
irrelevant Exhibits submitted by the Clerk’s office, namely Exhibits A-N.
There is absolutely no requirement for these documents in this Appeal.
However, as a pro-se Appellant, the key documents required to argue the case are
missing and the Appellant would like for this Court to have the full facts that are
relevant to this case - on the record and available for review.
Case law in support of this motion;
State of Texas, et al – v- United States of America, et al (case no. 1:14-cv-00254)
-Texas Judge Blocks Obama's Immigration Plans
Facts in this quoted case;
No matter what authority or power you think you may have, President of the United
States or otherwise, to make liberal decisions against the State (the people) is not
going to be upheld or tolerated. In this case, for the lower court to supply the
Appeals Court with a premeditated and edited version of the lower court case
without the consent of the appellant is unconstitutional.
For the record, this appellant is part of “The People” and in particular “The People
of Texas” and would ask to be allowed to digress briefly from legal format to quote
the following;
“We the people are the rightful masters of both Congress and the courts, not to
overthrow the Constitution but to overthrow the men who pervert the Constitution.”
― Abraham Lincoln
“The strength of the Constitution lies entirely in the determination of each citizen
to defend it. Only if every single citizen feels duty bound to do his share in this
defense are the constitutional rights secure.”
― Albert Einstein
There are plenty of cases to quote about lack of service, contract law and
consideration, etc. That can be saved for the Brief. Right now, all the appellant
desires is a fair submission of documents in order to facilitate a fair review.
PRAYER
For these reasons, Appellant prays that this Court Orders the Clerk to submit the
missing documents as stated.
Declaration
My name is Mark Stephen Burke, my date of birth is June 20 th , 1967, my address
is 46, Kingwood Greens Dr, Kingwood, TX 77339, USA and I declare under
penalty of perjury that the foregoing is true and correct. [1]
Case No. 01-14-01028-CV • Mark Burke Browserweb Media Agency 46 Kingwood Greens Dr -"\;< .• Kingwood, Texas 77339 Telephone: (832) 654-3511 Facsimile: (866) 705~0576 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing has been provided to the following via USPS Mail on this 29th day of March, 2015: GffiBS &BRUNS, L.L.P.
J. Benjamin Bireley
1100 Louisiana, Suite 5300
Houston, Texas 77002
INDEX PAGE 1 EXHIBIT #329
BROWSERWEB MEDIA AGENCY
VS. NO. 01-14-01028-CV Case No: 2014-63727
MAXUS ENERGY CORPORATION PAGE
COVER PAGE ....................................................................................................................................... [1]
INDEX ................................................................................................................................................... [2]
MAXUS ENERGY CORPORATION'S APPLICATION AND MOTION TO CONFIRM ARBRITRATION AWARD IN PART FILED OCTOBER 29, 2014 .............................................. [3]
CIVIL CASE INFORMATION SHEET .......................................................................................... [16]
PROPOSED ORDER CONFIRMING ARBITRATION AWARD IN PART .................................. [18]
EXHIBIT A ...................................................................................................................................... [21]
EXHIBIT B ...................................................................................................................................... [23]
EXHIBIT C ...................................................................................................................................... [32]
EXHIBIT D ...................................................................................................................................... [148]
EXHIBIT E ....................................................................................................................................... [209]
EXHIBIT F ....................................................................................................................................... [224]
EXHIBIT G ...................................................................................................................................... [272]
EXHIBIT H ...................................................................................................................................... [274]
EXHIBIT I ........................................................................................................................................ [305]
EXHIBIT J........................................................................................................................................ [315]
EXHIBIT K ...................................................................................................................................... [317]
EXHIBIT L ....................................................................................................................................... [322]
EXHIBIT M...................................................................................................................................... [324]
EXHIBIT N ...................................................................................................................................... [326]
NOTICE OF HEARING FILED NOVEMBER 20, 2014 ...................................................................... [360]
ORDER CONFIRMING ARBITRATION AWARD IN PART SIGNED DECEMBER 8, 2014 .......... [362]
ELECTRONIC DOCKETSHEET .......................................................................................................... [365]
GENERAL ACTIVITY SCREEN .......................................................................................................... [366]
NOTICE OF APPEAL: CAUSE NO. 2014-63727 FILED DECEMBER 29, 2014 ............................... [367]
CERTIFICATE ....................................................................................................................................... [373]
BILL OF COST ...................................................................................................................................... [374]
[1] Sec. 132.001. UNSWORN DECLARATION. (a) Except as provided by Subsection (b), an unsworn declaration may be used in lieu of a written sworn declaration, verification, certification, oath, or affidavit required by statute or required by a rule, order, or requirement adopted as provided by law.