Case Information

*1

No.04-14-00509-CV

CAUSE No 2013-CI-12691

FOURTH COURT OF APPEALS DISTRICT
CADENA-REEVES JUSTICE CENTER
300 Dolorosa, Suite 300
San Antonio, Texas 78205-3037
Original Brief date February 9, 2015

APPELLANTS BRIEF - AMENDED 4-30-15.

*2

GLORIA E. OCHOA-APPELLANT, APPELLANT IN PROPIA PERSONA

V.

NAIL FLOWER NAIL/BEAUTY SALON-APPELLEE.

ON APPEAL FROM THE 224TH JUDICIAL DISTRICT COURT IN BEXAR COUNTY, TEXAS

From the ${224}^{\text{th}}$ Judicial District Court, Bexar County, Texas Trial Court No 2013-CI-12691

Honorable Antonia Arteaga, Judge Presiding

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Page 3 of 22

Appellant/Plaintiff: Plaintiff/Appellant's Counsel Gloria E. Ochoa - Appellant in Propria Persona
542 Williamsburg Place
San Antonio, Texas 78201
Phone: 210-309-0744
Phone: 210-736-1408

*4

Appellee/Defendant: Defendant/Appellee's Counsel:

Campbell, Miller &; Associates

Elizabeth W. Lennane IBN. 24053014 300 Convent, Suite 2350 San Antonio, Texas 78205 Phone: 210-229-9879 Fax 210-229-9878

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PAGE 5 OF 22

TABLE OF CONTENTS:

INDENTITY OF PARTIES AND COUNSEL

1

INDEX OF AUTHORITIES.iv STATEMENT OF CASE.vi ISSUES PRESENTED.vii STATEMENT REGARDING ORAL ARGUMENT.viii STATEMENT OF FACTS.1 STATEMENT OF THE ARGUMENT.2 ARGUMENT.4 CONCLUSION AND PRAYER. ..... 5 CERTIFICATE OF SERVICE. ..... 6 APPENDIX. ..... 7

*6 PAGE 6 OF 22

INDEX OF AUTHORITIES

NEGLIGENCE. 322.01 (2), 322, 05 (2 CH 290).

CASES

Beauty Shops, Inc, v Foreman, 319 S. W. 2D 737, 738-739 9 Civ, App., - Houston 1958, see 322.01 (6). For additional causes of action, see 322.100 (2). (b)...Elements of Cause of Action for Negligence of Barber or Cosmetologist.

Dickey v Jackson, 193 S. W. 584, 585 (CIV., Galveston 1927), reviewed on other ground. 1 s.w. 2D 577, (Comm, App 1928, judgement adopted and holding approved, see 322.05 (2) (a); See also Chg 20, damages in Tort).

PROFESSIONAL MALPRACTICE 322.103 (1) (b) (322.76

(b)-ELEMENTS OF CAUSE OF ACTION FOR NEGLIGENCE OF BARBER OR COSMETOLOGISTS.

This form alleges the five stanrdard elements of negligence: duty, breach of duty, proximate causation, injury and damages.

See 322.01, (1) 322.05 (2); CH 2980, Negligence). The duty owed to the plaintiff' arrises out of the professional relationship between the barber or cosmetologist and the client and the breach of duty is the professionals' failure to perform services for the client with the care and diligence commonly exercised by similar professionals in similar circumstances (see 322.05 (2) (a). The harm generally takes the form of physical personal injuries, although the plaintiff may recover damages for mental

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PAGE 7 of 22

INDEX OF AUTHORITIES (CONTINUED)

anguish for an embarrassment of humiliation resulting from alterations in his or her appearance caused by the professional's negligence (Dickey v Jackson, 193 S.W. 5854, 585 (Civ. App. Galveston 1927), reviewed on other ground. 1 s.w. 2D 577, (Comm, App 1928, judgement adopted and holding approved, see 322.05 (2) (a); see also Chg 20, Damages in Tort. iv.

*8 Page 8 of 22

STATEMENT OF THE CASE STATEMENT OF FACTS - &; SEE ATTACHED "RECORD" REFERENCES.

On 8-09-2011, I received severe "staph infection" to my left thumb after a manicure at Nail Flower Beauty Salon.

This resulted in ONGOING, chronic pain, loss of use for thumb, fingers, disfigurement and other related injuries and ongoing medical treatment.

SUMMARY JUDGEMENT WAS RENDERED 6-19-14 FOR NOT PROVIDING LEGAL RESPONSE IN A TIMELY MANNOR.

Citation: This case did not go to trial and thus no court reporter records available.

ORAL ARGUMENT REQUESTED Page 9 of 22

GOOD CAUSE. There was "Good Cause" for the failure to timely make, amend or supplement the discovery response.

REFER TO ITEMS 3, 4, 5, 6, 7, BELOW.

1. This motion is presented within the time limits prescribed by the Texas rules of Civil procedure for Motion for a new trial.
2. The Judgment of the court is contrary to law.

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1. There was insufficient evidence to support the engorgement as delivered, as Plaintiff was NOT ALLOWED to present REASONS for not responding in a timely manner. The Court erred in this regard. As the victim of Defendants negligence &; suffering from effects of the infection, I was not able to physically, mentally, emotionally, respond in timely mannor. See "Good Cause" above.
2. Plaintiffs failure to file an answer before judgment was the result of an accident and or mistake, rather than due to an intentional act or the result of conscious indifference.
3. Plaintiff "is" the "Injured Party" and unrepresented by attorney as previous attorney abruptly canceled agreement to represent her.

ORAL ARGUMENT REQUESTED

PAGE 10 OF 22

Good Cause (continued) Plaintiff has been unable to locate other attorney who would take case due to limited time frame to work on this case. 6. Plaintiff/Gloria E Ochoa has been and is CURRENTLY under PHYSICIANS CARE &; ONGOING MEDICAL CARE and on MEDICATIONS.

See INCLUDED/ATTACHED ongoing MEDICAL TREATMENT RECORDS - 2011 year to present year 2015. 7. Above described situation and suffering from severe injuries from staph infection incurred at above named nail salon prevented Plaintiff from responding in a timely manner.

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1. Gloria E Ochoa files this Appeal Brief complaining of defendant and how defendant caused great "Personal Injury" to her.
2. Gloria E Ochoa requests opportunity for verbal discussion etc, to answer, in person, any questions from the judges to decide this case.

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Page 11 of 22

ISSUES PRESENTED

1. This motion is presented within the time limits prescribed by the Texas rules of Civil procedure for Motion for a new trial.
2. The Judgment of the court is contrary to law.
3. There was insufficient evidence to support the engorgement as delivered, as Plaintiff was NOT ALLOWED to present REASONS for not responding in a timely manner.
4. Plaintiffs failure to file an answer before judgment was the result of an accident and or mistake, rather than due to an intentional act or the result of conscious indifference.
5. Plaintiff "is" the "Injured Party" and unrepresented by attorney as previous attorney abruptly canceled agreement to represent her.Plaintiff has been unable to locate other attorney who would take case due to limited time frame to work on this case.
6. Plaintiff/Gloria E Ochoa has been and is CURRENTLY under PHYSICIANS CARE &; ONGOING MEDICAL CARE and on MEDICATIONS.

See included/attached Dr's bill showing dates of medical care on June 2014. Same month and year of the Summary Judgement.

Page 12 of 22 ISSUES PRESENTED (CONTINUED). SEE INCLUDED/ATTACHED ongoing MEDICAL TREATMENT RECORDS - 2011 year to present year 2015.

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1. Above described situation and suffering &; treatment from severe injuries from staph infection incurred at above named nail salon prevented Plaintiff from responding in a timely manner.
2. Gloria E Ochoa files this Appeal Brief complaining of defendant and how defendant caused great "Personal Injury" to her.

PAGE 13 OF 22

STATEMENT REGARDING ORAL ARGUMENT.

The courts orders granting immunity to Defendants are erroneous because they are contrary to Texas Court decisions, Appellants submit that oral argument would help the Court craft

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an opinion that explains simply and clearly why these decisions apply so that future courts will not make the same errors.

Moreover, the fundamental issue in this case is whether courts have the power to consider obvious personal injury beauty/nail salon;claims by law abiding Texas citizens, that their constitutional-guaranteed rights have been unlawfully denied.

This issue is an important one worthy of the Courts full attention consideration.

By refusing to weigh, consider, grant relief, to such claims, the courts have made the constitutional rights of injured Texas citizens a hollow premise.

Its decisions will have a far reaching negative consequence if allowed to stand.

PAGE 14 OF 22

APPENDIX.

NOTICE OF APPEAL .............................SEE STAMPED DATE 7-14-14 MOTION FOR NEW TRIAL.....................SEE STAMPED DATE 7-16-14 DOCKETING STATEMENT...................SEE STAMPED DATE 7-14-14

*14 SEE COPY OF DOCKETING STATEMENT. ..... SEE STAMPED DATE 7-31-14 LETTER FROM COURT OF APPEALS ..... DATED 7-22-14 ORDER FROM COURT OF APPEALS ..... DATED 7-31-14 AFFIDAVIT OF INDIGENCY. ..... SEE STAMPED DATE 7-29-14 CLERKS RECORD BRIEF DUE 11-17-2014 ..... DATED 10-17-14 PAGE 15 OF 22 APPENDIX (CONTINUED). ORDER FROM COURT OF APPEALS ..... DATED 1-29-15 LETTER COURT OF APPEALS BRIEF FILED ..... DATED 2-13-15 LETTER COURT OF APPEALS &; ORDER / NON COMPLIANCE ..... DATED 2-23-15 APPELLANTS REVISED BRIEF ..... SEE STAMPED DATE 3-18-15 CURRENT ABBREVIATED MED RECORDS/ &; DR STATEMENT/BILL ..... SEE DATE 6/2014 . SUMMARY JUDGEMENT DATED 6-19-14. SUMMARY JUDGEMENT DATED 6-19-14 CLERKS RECORD FROM APPEALS COURT ..... 2015

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ADDITIONAL RECORDS - INFORMATION

See included copy of my BANK RECORD showing DATE OF VISIT 8-9-11, to The Nail Flower Nail/Beauty Salon and charges.

Manicure preformed by employee, Ben Nguyen. Gloria Ochoa, plaintiff was instructed by "soak" her nails in manicure dish that had a soap solution to soften cuticles.

A short while later, Gloria Ochoa, plaintiff, suffered severe infection to thumb, that necessitated emergency medical treatment. Thumb was infected, very swollen, blue in color and extremely painful.

Page 17 of 22

DEFENDANTS BREACH OF DUTY.

Defendant "OWED" plaintiff a "Duty" to "Care", "To Protect" its client by cleaning, disinfecting, sterilizing all its equipment.

Emergency room doctors termed this a severe "Staph" infection due to nail salon not /sterilizing/cleaning their soaking dishes /equipment etc.

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Defendant "Breached the duty owed" to Plaintiff in that they FAILED to properly disinfect, sterilize, clean their equipment.

DEFENDANTS NEGLIGENCE.

As the direct and proximate cause of the defendants "NEGLIGENCE", plaintiff suffered personal injury etc as described below.

Pain and Suffering, Loss of Use for thumb and hand. Inability to continue working/earn a living, disabled status, loss of earning ability, now and future earnings, emotional stress, anxiety, etc.

Significant unpaid med bills due to these injuries. Cost of Ongoing medical treatment'.

PAGE 18 OF 22

ARGUMENT.

1. I THE PLAINTIFF, do not want this to happen to any other innocent person walking in to this nail salon for a simple manicure.

Current ONGOING SUFFERING due to Defendants Negligence. 2. Defendant must ACCEPT RESPONSIBILITY FOR THE GREAT INJURY THEY HAVE CAUSED.

They must sterilize all equipment with each client or use disposable equipment. 3. SEEKING REASONABLE COMPENSATION for ONGOING PAIN and SUFFERING /LOSS OF USE FOR THUMB/HAND.

*17 DISFIGUREMENT FOR THUMB. DISABLED STATUS DUE TO "STAPH INFECTION" THAT COULD HAVE NEEN AVOIDED BY DEFENDANT "STERILIZIING" EQUIPMENT. LOSS OF ABILITY TO EARN A LIVING NOW AND FUTURE EARNINGS and PAYMENT OF UNPAID MED BILLS.

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PAGE 19 OF 22

SUMMARY

GLORIA E OCHOA, plaintiff, moves the court to set aside the Summary Judgement rendered against it on 6-19-14 and grant a new trial.

*19 Therefore, plaintiff, respectfully requests Reversal of summary judgment against plaintiff and grant a New Trial.

1. Damages in an amount within the jurisdictional limits of the court.
2. Pre-and postjudgement interest on that amount of the legal rates.
3. Costs of suit and
4. Any other relief to which plaintiff is entitled.

Respectfully submitted,

Gloria E. Ochoa an Individual, Plaintiff. 542 Williamsburg Place San Antonio, Texas 78201 Phone: 210-309-0744. 210-736-1408

*20

CERTIFICATE OF SERVICE 192.3

I, the undersigned, Gloria E. Ochoa, certify that a true and correct copy of the foregoing document was served to Defendants attorney by "Certified" mail, return receipt requested.

Gloria E Ochoa

542 Williamsburg PI. San Antonio, Texas 78201 Phone: 210-309-0744 Phone: 210-736-1408

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PAGE 22 OF 22

CERTIFICATION OF COMPLIANCE WITH BRIEF LENGTH AND TYPE SIZE REQUIREMENTS.

BRIEF LENTH:

I certify that (1) this brief complies with the word-count limitation in ORAP 5.05 (2) the word count of this brief (as described in ORAP 5.5 (2) (a) is 1,747 or less. (1163 words).

I certify that the size of the type in this brief is not smaller that 14 points for both the text of the brief and footnotes as required by ORAP 5.05 (4) (1). 14 font size.

Gloria E. Ochoa,

*22 | Patient Action Screen | | | | | | | | | | | | | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | | Patient: OCHOA, GLORIA | | | | | | | MRN: | : 09029980 | | DOB: 01/26/1951 | Age: 64 | | Visit #: | | | | | | | | | | | | | | | | Adm Dt: | | | | | | | VTYP: | | | Action: ai | | | Dis Dt: | | | | | | | REVFSC: | |

| 270-Quit 27P-Page 210-0K
PreDt Adm Dt | | | | | | | | | | | | | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | | | Dis Dt | | Admit # | | PYTP | | location | | DD | FSC | Bill St | | 1) | 12/28/11 | 12/28/11 | 136156391 | | OPUH | UH-RAD-XRAY | | | HME | 420 | Billed | | 2) | 11/17 | 11/17/11 | 11/17/11 | 135961324 | | XNBU UP-CMA EXPRES | | | HME | 420 | Final V | | 3) | 11/15 | 11/15/11 | 11/15/11 | 135944547 | | XNBU UP-CMA | | | HME | 1 | Final V | | 4) | | 11/15/11 | 11/15/11 | 135945830 | | OPPA UP-CMA | | | HME | 1 | Billed | | 5) | 11/11 | 11/11/11 | 11/11/11 | 135910373 | | OPUH | UH-RAD-CT | | HME | 420 | Billed | | 6) | 11/02 | 11/02/11 | 11/02/11 | 135876674 | | XNBU UP-CMA | | | HME | 1 | Final V | | 7) | 11/01 | 11/01/11 | 11/01/11 | 135867639 | | XNBU UP-CMA | | | HME | 1 | Final V | | 8) | | 11/01/11 | 11/01/11 | 135875030 | | OPPA UP-CMA | | | HME | 1 | Billed | | 9) | 10/07 | 10/07/11 | 10/07/11 | 135719721 | | XNBU UP-CMA | | | CL HME | 1 | Final V | | 10) | | 10/07/11 | 10/07/11 | 135726106 | | OPPA UP-RAD | | | HME | 1 | Billed | | 11) | 09/10 | 09/10/11 | 09/10/11 | | | 35580197 | XNBU | UP-CMA | EXPRES | MED | Final V | | 12) | 09/00 | 09/08/11 | 09/08/11 | | | 05562983 | XNBU | UP-CMA | EXPRES | MED | Final V | | 13) | | 09/08/11 | 09/08/11 | | | 35570804 | OPEC | ERUH-EC | ACUTE | AMA | Billed | | 14) | 08/26 | 08/26/11 | 08/26/11 | 135505452 | | XNBU UP-CMA | | | EXPRES | MED | Final V | | 15) | 08/19 | 08/19/11 | 08/19/11 | 135475207 | | XNBU UP-CMA | | | EXPRES | MED | Final V | | Enter choice or Press to continue: | | | | | | | | | | | |

University Health System Medical Records Department 4502 Medical Drive San Antonio, Texas 78229

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| Patient Action Screen | | | | | | | | | | | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | | Patient: OCHOA, GLORIA | | | | | | | | | | | Visit #: | | | | | | | | | | | | | | | | | | | | | | Action: ai | | | | Adm Dt: | | | | | | | | | | | Dis Dt: | | | | REVFSC: | |

FTO-Quit FTP-Page F10-OK F4-Najox F5-Help F3-More keys

8

University Health System Medical Records Department 4502 Medical Drive San Antonio, Texas 78229

*25 Cardiology Clinic Of San Antonio PLLC PO Box 741248 $1/1$ $1/1$ 0000000743 $\mu \left[\left(\mu \left({\mu }_1\right)\right)\left({\mu }_1\right)\left({\mu }_1\right)\left({\mu }_1\right)\left({\mu }_1\right)\right]-\left({\mu }_1\right)\left({\mu }_1\right)\left[\left({\mu }_1\right)\left({\mu }_1\right)\right]+{\mu }_1$

Ochoa, Gloria 542 WILLIAMSBURG PL SAN ANTONIO, TX 78201-2652

| STATEMENT DATE | 03/17/15 | | :-- | :-- | | ACCOUNT NUMBER | 123786 | | PAYMENT DUE DATE | $04/06/15$ | | PAY/AMOUNT DUE | $\$301.45$ |

Questions About Your Account Call 210-614-1440.

STATEMENT - Cardiology Clinic Of San Antonio PLLC

PLEASE DETACH AT THE PERFORATION AND MAIL THIS PORTION WITH YOUR PAYMENT P Please check box if above address is incorrect or if insurance information has changed and indicate change(s) on reverse.

Balance is OVERDUE - Contact us to Avoid Further Collection Action.

Cardiology Clinic Of San Antonio PLLC PO Box 741248 Atlanta, GA 30374-1248

*26 SANDEE BRYAN MARION CHIEF JUSTICE KAREN ANGELINI MARIAL YN BARNARD REBECA C. MARTINEZ ' PATRICIA O. ALVAREZ LUZ ELENA D. CHAPA JASON PULLIAM JUSTICES 4

Gloria E. Ochoa 542 Williamsburg Place San Antonio, TX 78201

RE: Court of Appeals Number: Trial Court Case Number: Style: Gloria Ochoa v.

Nail Flower Beauty Salon The Appellants' Brief for the above styled and numbered cause has this date been received and filed. The filing of the appellee's brief is pending.

Very truly yours, KEITH E. HOTTLE, CLERK

Deputy Clerk, Ext. 53219

*27 SANDEE BRYAN MARION CHIEF JUSTICE KAREN ANGELINI MARIALYN BARNARD REBECA C. MARTINEZ PATRICIA O. ALVAREZ LUZ ELENA D. CHAPA JASON PULLIAM JUSTICES

COURT OF APPEALS FOURTH COURT OF APPEALS DISTRICT CADENA-REEVES JUSTICE CENTER 300 DOLOROSA, SUITE 3200 SAN ANTONIO, TEXAS 78205-3037 WWW.TXCOURTS.GOVATHCOA.ASPX

KEYTH E. HOTTLE CLERK OF COURT

TELEPHONE (210) $335-2635$

FACSIMILE NO. (210) $335-2762$

February 23, 2015

Gloria E. Ochoa 542 Williamsburg Place San Antonio, TX 78201

Elizabeth Lennane Bank of America Plaza 300 Convent St Ste 2350 San Antonio, TX 78205-3703

• DELIVERED VIA E-MAIL *

RE: Court of Appeals Number: 04-14-00509-CV Trial Court Case Number: 2013-CI-12691 Style: Gloria Ochoa v.

Nail Flower Beauty Salon Enclosed please find the order which the Honorable Court of Appeals has issued in reference to the above styled and numbered cause.

If you should have any questions, please do not hesitate to contact me.

Very truly yours, KEITH E. HOTTLE, CLERK

Deputy Clerk, Ext. 53219

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fourth Court of Appeals
San Antonio, Texas

February 23, 2015

No. 04-14-00509-CV Gloria OCHOA, Appellant v.

NAIL FLOWER BEAUTY SALON,
Appellee

From the 224th Judicial District Court, Bexar County, Texas Trial Court No. 2013-CI-12691 Honorable Antonia Arteaga, Judge Presiding

O R D E R

See id. R. 38.1(b) (requiring table of contents), 38.1(c) (requiring index of authorities), 38.1(d) (requiring statement of case); 38.1(f) (requiring statement of issues presented), 38.1(g) (requiring statement of facts with record reference), 38.1(h) (requiring summary of argument, 38.1(i) (requiring argument with appropriate citation to authority and record), and 38.1(k) (requiring appendix with copy of judgment of other appealable order, any jury charge and verdict form, any findings of fact and conclusions of law, and text of applicable rules, regulations, ordinances,

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Table of Contents

Example

SUMMARY OF THE ARGUMENT ..... 6 STANDARD OF REVIEW ..... 8 ARGUMENT ..... 9 I. The District Court Erred In Dismissing The Porrettos' Constitutional Takings Claim ..... 9 A. The Constitution waives governmental immunity from takings claims ..... 10 B. The Porrettos have standing to bring a takings claim ..... 11 II. The District Court Erred In Dismissing The Porrettos' Trespass To Try Title Claim Against Patterson and Muller. ..... 14 A. Officials who incorrectly claim title to or possession of private property on the government's behalf are not immune from suit. ..... 15 B. Lain includes disputes over title as well as possession ..... 17 III. The District Court Erred In Dismissing The Porrettos' Claim That The GLO And Patterson Breached The Settlement Agreement ..... 19 IV. The District Court Erred In Dismissing The Porrettos' Claims Against The Park Board And Muller Because The Legislature Waived Their Immunity ..... 21 CONCLUSION AND PRAYER ..... 22 CERTIFICATE OF SERVICE ..... 24 APPENDIX First Amended Petition (CR 216-28) ..... Tab A Survey of Property (CR 152) ..... Tab B Rule 11 Agreement / Settlement in Principle (CR 279-85) ..... Tab C Orders Granting Pleas to the Jurisdiction (CR 214-15, 286) ..... Tab D

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COURT OF APPEALS

CATHERINE STONE CHIEF JUSTICE KAREN ANGELINI SANDEE BRYAN MARION MARIALYN BARNARD REBECA C. MARTINEZ PATRICIA O. ALVAREZ LUZ ELENA D. CHAPA JUSTICES

FOURTH COURT OF APPEALS DISTRICT CADENA-REEVES JUSTICE CENTER 300 DOLOROSA, SUITE 3200 SAN ANTONIO, TEXAS 78205-3037 WWW.4THCOA.COURTS.STATE.TX.US

KEITH E. HOTTLE CLERK OF COURT

TELEPHONE (210) $335-2635$

FACSIMILE NO. (210) $335-2762$

October 17, 2014

Gloria E. Ochoa 542 Williamsburg Place San Antonio, TX 78201

Elizabeth Lennane Bank of America Plaza 300 Convent St Ste 2350 San Antonio, TX 78205-3703

• DELIVERED VIA E-MAIL *

RE: Court of Appeals Number: 04-14-00509-CV Trial Court Case Number: 2013-CI-12691 Style: Gloria E. Ochoa v.

Nail Flower Beauty Salon The Clerk's. Recom in the above styled and numbered cause has this date been filed. The appellant's brief is dub on November 17, 2014.

Very truly yours, KEITH E. HOTTLE, CLERK

Deputy Clerk, Ext. 3219 cc: Dinah L. Gaines (DELIVERED VIA E-MAIL) Donna Kay McKinney (DELIVERED VIA E-MAIL)

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NOTICE OF APPEAL

CAUSE #2013-CI-12691

${224}^{\text{TH}}$ JUDICIAL DISTRICT COURT IN BEXAR COUNTY, TEXAS

GLORIA E. OCHOA

542 WILLIAMSBURG PLACE SAN ANTONIO, TEXAS 78201

Phone: 210-309-0744

Phone: 210-736-1408

Appellant in Propria Persona

JUDGEMENT DECREE TO BE APPEALED WAS ENTERED AS:

GLORIA E.OCHOA

PLAINTIFF

VS.

NAIL FLOWER BEAUTY SALON

DEFENDANT

NOTICE IS GIVEN THAT, GLORIA E.OCHOA, HEREBY, APPEALS FROM SUMMARY JUDGEMENT ENTERED ON JUNE 19 ${}^{\text{TH}},2014$ , BY THE HONORABLE JUDGE, ANTONIA ARTEAGA, IN THE ABOVE CAPTIONED ACTION.

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Page 2 of 2

DATED 7-14-14

GLORIA E OCHOA 542 WILLIAMSBURG PLACE SAN ANTONIO, TEXAS 78201 Phone; 210-309-0744 Phone: 210-736-1408

CERTIFICATE OF SERVICE

I, certify, that I have caused a copy of this document to be delivered to all parties entitled to service as listed below by US Mail, Certified, Return receipt requested.

Tazona' 6. Ochoa Attorney for Defendant Campbell, Miller &; Associates 300 Convent, Suite 2350 San Antonio, Texas 78205-3532

*33

MOTION FOR NEW TRIAL

Gloria E. Ochoa
542 Williamsburg Pl.
San Antonio, Texas 78201
Phone: 210-309-0744

Cause Number 2013-CI-12691 In the 224TH JUDICIAL COURT

In
Bexar County, Texas

GLORIA E. OCHOA PLAINTIFF

VS.

NAIL FLOWER BEAUTY SALON DEFENDANT

Gloria E. Ochoa, plaintiff, moves this court to set aside the judgment rendered against it on 6-19-14-by Summary Judgment and grant a new trial in this cause.

1. This motion is presented within the time limits prescribed by the Texas Rules of Civil Procedure for a Motion for New Trial.
2. The judgement of the court is contrary to law.
3. There was insufficient evidence to support the judgement as delivered, as Movant was not allowed to present reasons for not responding in a timely manner. 4.1. Movants failure to file an answer before judgment was the result of an accident and or mistake, rather than due to an intentional act of the result of conscious indifference.

Page 2 of 3. MOTION FOR NEW TRIAL

*34 4.2. The accident or mistake that prevented Movant from filing an answer is that the MOVANT is not represented by attorney as previous attorney abruptly canceled agreement to represent her. Mothorun could not locate attorney who would take case due to limited time frame to research. Also, that the Movant IS the INJURED PARTY in this Personal Injury Lawsuit and suffering from effects of severe 'staph' infection received at the Defendants Nail Salon. Movant has been and is under physicians care and on medications for extreme pain diminished use of hands, fingers, loss of balance, other injuries, since date of injury in 2011. Movant is disabled and no longer able to work and needed to obtain Social Security Disability. Severe injuries/situation has caused Movant from responding in a timely manner. 5. Movant has meritorious defense as to the full amount to the judgement. Injuries as noted above from severe staph infection. See attached affidavit. 6.1. The granting of a new trial will not prejudice the other parties to this cause. 6.2 Movant is ready, able and willing to go to trial immediately and not delay, harm or prejudice will occur to the other parties as a result of Mowdants action.

Movant, Gloria E. Ochoa, prays that after notice and hearing that the judgement rendered in this cause be set aside and that Movant be granted a new trial.

July 16, 2014. Respectfully submitted, Golana Ochoa Gloria E. Ochoa 542 Williamsburg Place San Antonio, Texas 78201 Phone: 210-309-0744 Phone: 210-736-1408

*35

CAUSE NO 2013-CI-12691
IN THE 224TH DISTRICT COUNT STATE OF TEXAS
IN COUNTY OF BEXAR

GLORIA E OCHOA PLAINTIFF

VS

NAIL FLOWER BEAUTY SALON DEFENDANT

AFFIDAVIT IN SUPPORT OF MOTION FOR NEW TRIAL

Before me, a notary public in and for Bexar County, Texas, on this day personally appeared, Gloria E Ochoa, to me well known to be a credible person of lawful age and qualified in all respects to make this Affidavit, who being first sworn on oath, says that she is the plaintiff, in the foregoing Motion for New Trial and that she has read the foregoing Motion and that this Motion for New Trial is in every statement and allegation thereof, true and correct to affiants own personal knowledge.

Gloria E. Ochoa

*36

Certificate of Service

I certify that I have caused a copy of this document to be delivered to all parties, attorney for Defendant, entitled to service as listed below by Certified Mail, Return Receipt requested.

Campbell, Miller, &; Associates
Bank of Amęrica Plaza
300 Convent Street
San Antonio, Texas 78205-3532

Respectfully submitted,

${𝒰}_{\text{alena}}$ Ochoa

Gloria E. Ochoa 542 Williamsburg Pl San Antonio, Texas 78201. 210 309-0744.

AFFIDAVIT IN SUPPORT OF MOTIQN FOR NEW TRIAL

*37 Docketing Statement

G1oria E. Ochoa 542 williamsburg Place San Antonio, Texas Phone: 210-309-0744 Cause 2013-CI-12691 G1oria E. Ochoa vs Nai1 Flower Beauty Salon

In the 224th Judicial Court of Bexar County, Texas Appeal filed 7-14-14 Summary Judgment signed by the Honorable Judge, Antonia Arteaga on 6-19-14. This did not go to trial. No court reporter. Request for findings of fact filed on 7-9-14. Plaintiff is not represented by attorney. Defendants attorney, Campbe11, Miller, & Associates Elizabeth Lennane 300 Convent, Suite 2350 San Antonio, Texas 78205-3532 Phone: 210-229-9879 Fax 210-229-9878 Personal Injury Lawsuit

*38

Certificate of service

I certify that I have caused a copy of this document to be delivered to all parties, attorney for Defendant, entitled to service as listed below by certified Mail, Return Receipt requested.

Campbell, Miller, &; Associates Law Offices Bank of America Plaza 300 Convent Street San Antonio, Texas 78205-3532 Respectfully submitted, Qy/prue F. Ochoa Gloria E. Ochoa 542 williamsburg PI San Antonio, Texas 78201. 210 309-0744.

*39 CATHERINE STONE CHIEF JUSTICE KAREN ANGELINI SANDEE BRYAN MARION MARIALYN BARNARD REBECA C. MARTINEZ PATRICIA O. ALVAREZ LUZ ELENA D. CHAPA JUSTICES

Gloria E. Ochoa 542 Williamsburg Place San Antonio, TX 78201

RE: Court of Appeals Number: Trial Court Case Number: Style: Gloria E. Ochoa v.

Nail Flower Beauty Salon

The copy of appellant's notice of appeal in the above styled and numbered cause has this date been filed or conditionatly filed.

The fee for filing appeals in this court from the district or count is $\$195.00$ The fee must-be paid at the time the notice of appeal is filed. In addition, this court charges an additional fee of $\$10.00$ for the filing of any motion. Any delay in remitting a filing fee will delay the processing of your appeal and the court's ruling on pending motions. See TEX. R. App. P. 5.

Our records do not reflect payment of the $\$195.00$ fee. Please remit the filing fee no later than August 1, 2014. If the fee is not paid witlit the time allotted, the matter will be referred to the court, and the appeal is subject to being stricken by the court. See TEX. R. App. P. 5.

In accordance with TEX. R. App. P. 32 and 4TH TEX. App. (SAN AnTONIO) LOC. R. 5.2., a docketing statement must be filed with the notice of appeal. Our records do not contain a docketing statement for this appeal. Please ensure that a docketing statement is immediately filed to ensure prompt processing of the appeal. The Appellant's docketing statement is due from attorney, Gloria F. Ochoa. The docketing statement is to be filed with this court by August 1,2014 .

The appellate record generally must be filed within 120 days after the date of judgment is signed if any party timely files: (1) a motion for new trial; (2) a motion to modify the judgment; (3) a motion to reinstate under Texas Rules of Civil Procedure 165a; or (4) a request for findings of fact and conclusions of law if required or if not required could properly be considered by the appellate court. See TEX. R. App. P. 35.1.

Very truly yours, KEITH E. HOTTLE, CLERK

Deputy Clerk, Ext. 3219 cc: Dinah L. Gaines (DELIVERED VIA E-MAIL) Donna Kay McKinney (DELIVERED VIA E-MAIL) Honorable Antonia Arteaga (DELIVERED VIA E-MAIL)

*40

335- 4035

fourth Court of Appeals
San Antonio, Texas

July 31, 2014 No. 04-14-00509-CV Gloria E. OCHOA, Appellant v.

NAIL FLOWER BEAUTY SALON,
Appellee

From the 224th Judicial District Court, Bexar County, Texas Trial Court No. 2013-CI-12691 Honorable Antonia Arteaga, Judge Presiding

O R D E R

On July 22, 2014, appellant timely filed a notice of appeal from the trial court's June 19, 2014 judgment. On July 29, 2014, appellant filed an affidavit of indigency in this court. It appears appellant did not file her affidavit in the trial court.

A party who cannot pay the costs of an appeal must file an affidavit of indigence "in the trial court with or before the notice of appeal." TEX. R. APP. P. 20.1(c)(1). Appellant's affidavit was therefore due in the trial court on July 22, 2014, the date her notice of appeal was filed, or a motion for extension of time to file the affidavit was due in this court fifteen days later, on August 6, 2014. See TEX R. APP. P. 20.1(c)(1), (3).

We construe the affidavit filed in this court as a motion for extension of time to file the affidavit in the trial court. Accordingly, we GRANT the motion to extend time to file an affidavit of indigency to pay costs.

We ORDER the clerk of this court to send copies of the affidavit and this order to the district clerk, the court reporter, and all parties. See TEX. R. APP. P. 20.1(d)(2).

We further ORDER the deadline for filing a contest to the affidavit of indigence is August 11, 2014. Any contest must be filed in this court. See TEX. R. APP. P. 20.1(e)(1).

*41 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 31st day of July, 2014.

*42 Request for Findings of Fact and Conclusion of Law 7-8-14 Page 1 of 3 Gloria E. Ochoa 542 williamsburg Pl. San Antonio, Texas 78201 Phone: 210-309-0744 Cause Number 2013-CI-12691 In the 224TH JUDICIAL COURT of Bexar County, Texas.

GLORIA E. OCHOA PLAINTIFF VS. NAIL FLOWER BEAUTY SALON DEFENDANT. REQUEST FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW GLORIA E. OCHOA, MAKES THIS MOTION TO THE TRIAL COURT FOR FINDINGS OF FACT AND LAW IN THE ABOVE REFERRED AND NUMBERED CAUSE.

In support of this motion, Gloria E. Ochoa, shows as follows: The above captioned cause did not come to trial before the court, due to a summary judgement. After considering the pleadings, the argument and briefs from counsel, the court rendered its decision to grant a Judgement in favor of the defendant. Gloria E Ochoa, requests for findings of fact and conclusions of law the following: FINDINGS OF FACT. Plaintiff is not represented by attorney and IS the injured party and due to ongoing pain, suffering from staph infection received at Nail Flower Beauty Salon was not able to respond in a timely manner. See original Petition - Paragraphs, 6, 7, 8, 9, 10, 11, 12.

*43

*44

*45

The bankrupts

Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? $◻$ Yes $◻$ No If yes, please attach a copy of the petition.

Date bankruptcy filed: Bankruptcy Case Number:

1

Was there a reporter's record electronically recorded? $◻$ Yes $◻$ No If yes, date requested: $◻$ Yes $◻$ No $◻$ Indigent

If no, date it will be requested: $◻$ Yes $◻$ No $◻$ Indigent

*46 | $◻$ Court Reporter | $◻$ Court Recorder | | :-- | :-- | | $◻$ Official | $◻$ Substitute |

First Name: $◻$ Middle Name: $◻$ Last Name: $◻$ Suffix: $◻$ Address 1: $◻$ Address 2: $◻$ City: $◻$ State: Zip +4: $◻$ Telephone: $◻$ ext. $◻$ Fax: $◻$ Email: $◻$ $◻$ Siness of the child Supersedeas bond filed: $◻$ Yes $◻$ No If yes, date filed: Will file: $◻$ Yes $◻$ No $◻$ Extraordinary relief Will you request extraordinary relief (e.g. temporary or ancillary relief) from this Court? $◻$ Yes $◻$ No If yes, briefly state the basis for your request: $◻$ The effect of the public recognition of the child is to be made in the case of an article (to be published in a letter to the public) and the subject of the article is the subject of the article. $◻$ Should this appeal be referred to mediation? Yes $◻$ No If no, please specify: Has the case been through an ADR procedure? $◻$ Yes $◻$ No $\wedge$ If yes, who was the mediator? What type of ADR procedure? At what stage did the case go through ADR? $◻$ Pre-Trial $◻$ Post-Trial $◻$ Other If other, please specify: Type of case? Give a brief description of the issue to be raised on appeal, the relief sought, and the applicable standard for review, if known (without prejudice to the right to raise additional issues or request additional relief):

*47

*48

The Courts of Appeals listed above, in conjunction with the State Bar of Texas Appellate Section Pro Bono Committee and local Bar Associations, are conducting a program to place a limited number of civil appeals with appellate counsel who will represent the appellant in the appeal before this Court.

The Pro Bono Committee is solely responsible for screening and selecting the civil cases for inclusion in the Program based upon a number of discretionary criteria, including the financial means of the appellant or appellee. If a case is selected by the Committee, and can be matched with appellate counsel, that counsel will take over representation of the appellant or appellee without charging legal fees. More information regarding this program can be found in the Pro Bono Program Pamphlet available in paper form at the Clerk's Office or on the Internet at www.tex-app.org. If your case is selected and matched with a volunteer lawyer, you will receive a letter from the Pro Bono Committee within thirty (30) to forty-five (45) days after submitting this Docketing Statement. Note: there is no guarantee that if you submit your case for possible inclusion in the Pro Bono Program, the Pro Bono Committee will select your case and that pro bono counsel can be found to represent you. Accordingly, you should not forego seeking other counsel to represent you in this proceeding. By signing your name below, you are authorizing the Pro Bono committee to transmit publicly available facts and information about your case, including parties and background, through selected Internet sites and Listserv to its pool of volunteer appellate attorneys. Do you want this case to be considered for inclusion in the Pro Bono Program?

Do you authorize the Pro Bono Committee to contact your trial counsel of record in this matter to answer questions the committee may have regarding the appeal?

Yes $◻$ No Please note that any such conversations would be maintained as confidential by the Pro Bono Committee and the information used solely for the purposes of considering the case for inclusion in the Pro Bono Program.

If you have not previously filed an affidavit of Indigency and attached a file-stamped copy of that affidavit, does your income exceed $200\%$ of the U.S. Department of Health and Human Services Federal Poverty Guidelines?

Yes $◻$ No These guidelines can be found in the Pro Bono Program Pamphlet as well as on the internet at http://aspe.hhs.gov/poverty/06poverty.shtml. Are you willing to disclose your financial circumstances to the Pro Bono Committee? $◻$ Yes $◻$ No If yes, please attach an Affidavit of Indigency completed and executed by the appellant or appellee. Sample forms may be found in the Clerk's Office or on the internet at http://www.tex-app.org. Your participation in the Pro Bono Program may be conditioned upon your execution of an affidavit under oath as to your financial circumstances.

Give a brief description of the issues to be raised on appeal, the relief sought, and the applicable standard of review, if known (without prejudice to the right to raise additional issues or request additional relief; use a separate attachment, if necessary).

6.1.1.1.2

General Clerose

Signature of counsel (or pro se party) Date:

6.1.1.1.3

Electronic Signature:

(Optional)

*49 The undersigned counsel certifies that this docketing statement has been served on the following lead counsel for all parties to the trial court's order or judgment as follows on

Signature of counsel (or pro se party)

Electronic Signature: (Optional) State Bar No.: $◻$ Person Served Certificate of Service Requirements (TRAP 9.5(e)): A certificate of service must be signed by the person who made the service and must state: (1) the date and manner of service; (2) the name and address of each person served, and (3) if the person served is a party's attorney, the name of the party represented by that attorney

Please enter the following for each person served:

| Date Served: | | | | | :--: | :--: | :--: | :--: | | Manner Served: | | | | | First Name: | | | | | Middle Name: | | | | | Last Name: | | | | | Suffix: | | | | | Law Firm Name: | | | | | Address 1: | | | | | Address 2: | | | | | City: | | | | | State | | | | | Telephone: | | | | | Fax: | | | | | Email: | | | | | If Attorney, Representing Party's Name: | | | |

*50

Certificate of Service

I certify that I have caused a copy of this document to be delivered to all parties, attorney for Defendant, entitled to service as listed below by Certified Mail, Return Receipt requested.

Campbell, Miller, &; Associates
Bank of America Plaza
300 Convent Street
San Antonio, Texas 78205-3532

Respectfully submitted,

${𝒞}_{\text{alaria}}$ Ochoa

Gloria E. Ochoa 542 Williamsburg PI San Antonio, Texas 78201. $210309-0744$ .

*51

*52 To list any other facts you want the court to know, such as unusual medical expenses, family emergencies, etc., attach another page to this form and label it "Exhibit: Additional Supporting Facts." Check here if you attach another page. $◻$ (3) "I am unable to pay court costs. I verify that the statements made in this affidavit are true and correct." (1) Your Signature. You must either: 1) sign this form in front of a notary public or 2) sign this form and sign and attach a completed "Unsworn Declaration" form.

*53

COURT OF APPEALS

SANDE: BRYAN MARION CHIEF JUSTICE KAREN ANGELINI MARIAL YN BARNARD REBECA C. MARTINEZ PATRICIA O. ALVAREZ LJZ ELENA D. CHAPA JASON FULLIAM JUSTICES

FOURTH COURT OF APPEALS DISTRICT CADENA-REEVES JUSTICE CENTER 300 DOLOROSA, SUITE 3200 SAN ANTONIO, TEXAS 78205-3037 WWW.TXCOURTS.GOVATHCOA.ASPX

KEITH E. HOTTLE CLERK OF COURT

TELEPHONE (210) $335-2635$

FACSIMILE NO. (210) $335-2762$

April 10, 2015

Gloria E. Ochoa 542 Williamsburg Place San Antonio, TX 78201

Elizabeth Lennane Bank of America Plaza 300 Convent St Ste 2350 San Antonio, TX 78205-3703

• DELIVERED VIA E-MAIL *

RE: Court of Appeals Number: 04-14-00509-CV Trial Court Case Number: 2013-CI-12691 Style: Gloria Ochoa v.

Nail Flower Beauty Salon The Appellant's Motion for Extension of Time to File Amended Brief has this date been received and filed in the above styled and numbered cause.

Very truly yours, KEITH E. HOTTLE, CLERK

Deputy Clerk, Ext. 53219 cc: Dinah L. Gaines (DELIVERED VIA E-MAIL)

*54

COURT OF APPEALS

COURTH COURT OF APPEALS DISTRICT CADENA-REEVES JUSTICE CENTER 300 DOLOROSA, SUITE 3200 SAN ANTONIO, TEXAS 32205-3037 WWW.TXCOURTS.GOV/ATRCOA.ASPX

KEITH E. HOTTLE

CLERK OF COURT

March 23, 2015

Goria E. Ochoa
542 Williamsburg Place
San Antonio, TX 78201

RE: Court of Appeals Number: 04-14-00509-CV Trial Court Case Number: 2013-CI-12691 Style: Gloria Ochoa v.

Nail Flower Beauty Salon According to our records, you are the appellant on this appeal. According to our records, you are the appellant on this appeal. This Court previously struck appellant's original brief and rendered an order pointing out the deficiencies and requiring appellant to file an amended brief. The amended brief does not correct all of the deficiencies previously noted by this Court. Specifically, the brief fails to include a statement of facts with record references and the argument in the brief is not a proper appellate argument given the judgment and it is not supported by record references or proper legal authorities. See TEX. R. App. P. 38.1(g), (i). When we refer to the record, we refer to the clerk's record. Additionally, the "issues" presented by appellant are not proper issues - issues are error-salfe筑dly committed by the trial court entitling at party-tose. reservat See id. R. 38.1(f). Finally, the brief does not comply with Rule 38.1(k) of the Texas Rules of Appeilate Procedure. See id. R. 38.1(h). The rule requires an appendiceto include the trial court judgment or other appealable order from which relief is sought. Id.

However, the Court is not ordering appellant to rebrief. Nevertheless, appellant should be advised that this court may consider her appellate complaints waived due to inadequate briefing if the noted deficiencies are not corrected prior to submission. See, e.g., Lott v. First Bank, No. 04-13-00531-CV, 2014 WL 4922896, at 2 (Tex. App.-San Antonio Mar. 1, 2014, no pet.). Castilla yes. Peoples, No. 04-13-00311-CV, 2014 WL 1089750, at 3 (Tex. App.-San Antonio Mar. 19, 2014, (est. denied).

As we have noted in a previous order, we recognize appellant is acting pro se on appeal. However, pro se litigants are held to the same standards as licensed attorneys and must comply

*55

COURT OF APPEALS

SANDEE BRYAN MARION CHIEF JUSTICE KAREN ANGELINI MARIALYN BARNARD REBECA C. MARTINEZ PATRICIA O. ALVAREZ LUIZ ELENA O. CHAPA JASON PULLIAM JUSTICES

FOURTH COURT OF APPEALS DISTRICT CADENA-REEVES JUSTICE CENTER 300 DOLOROSA, SUITE 3200 SAN ANTONIO, TEXAS 78205-3037 WWW.TXCOURTS.GOVATHCOA.ASPX

KEITH E. HOTTLE CLERK OF COURT

TELEPHONE (210) $335-2635$

FACSIMILE NO. (210) $335-2762$

March 18, 2015

Gloria E. Ochoa 542 Williamsburg Place San Antonio, TX 78201

Elizabeth Lennane Bank of America Plaza 300 Convent St Ste 2350 San Antonio, TX 78205-3703

• DELIVERED VIA E-MAIL *

RE: Court of Appeals Number: 04-14-00509-CV Trial Court Case Number: 2013-CI-12691 Style: Gloria Ochoa v.

Nail Flower Beauty Salon The Appellant's Amended Brief has this day been received and filed in the above styled and numbered cause.

Very truly yours, KEITH E. HOTTLE, CLERK

Deputy Clerk, Ext. 53219

*56 statutes, constitutional provisions, or other law on which argument is based, or any contract or other document central to argument).

Although substantial compliance with Rule 38.1 is generally sufficient, this court may order a party to amend, supplement, or redraw a brief if it flagrantly violates Rule 38.1. See id. R. 38.9(a). We conclude that the formal defects described above constitute flagrant violations of Rule 38.1 .

Accordingly, we ORDER appellant's brief stricken and ORDER appellant to file an amended brief in this court on or before March 25, 2015. The amended brief must correct the violations listed above and fully comply with Rule 38.1 of the Texas Rules of Appellate Procedure. See R. 38.1. If the amended brief does not comply with this order, we "may strike the brief, prohibit [appellant] from filing another, and proceed as if [appellant] had failed to file a brief." See id. R. 38.9(a); see also id. R. 38.8(a) (authorizing this court to dismiss appeal if appellant fails to timely file brief). Even if we do not strike the brief and prohibit appellant from filing another brief, we may find that any issues raised by appellant are waived due to inadequate briefing, and overrule those issues. See, e.g., Marin Real Estate Partners v. Vogt, 373 S.W.3d 57, 75 (Tex. App.—San Antonio 2011, no pet.).

We recognize that appellant represents herself on appeal, i.e., she is acting pro se. However, the law is clear that pro se litigants are held to the same standards as licensed attorneys and must comply with all applicable rules of procedure, including the rules governing appellate briefs. Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.). A pro se litigant is required to properly present her case on appeal just as she is required to properly present her case to the trial court. Id. Accordingly, we will not apply different standards merely because an appeal is brought by a litigant acting without advice of counsel. Id.

If appellant timely files a brief that complies with this order, appellee's brief will be due thirty days after appellant's brief is filed. See TEX. R. APP. P. 38.6(b).

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 23rd day of February, 2015.

*57 with all applicable rules, including the rules governing appellate briefs. Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.-El Paso 2007, no pet.).

Very truly yours, KEITH E. HOTTLE, CLERK

Deputy Clerk, Ext. 53219 cc: Dinah L. Gaines (DELIVERED VIA E-MAIL) Elizabeth Lennane (DELIVERED VIA E-MAIL)

*58

fourth Court of Appeals
San Antonio, Texas
February 23, 2015

No. 04-14-00509-CV Gloria OCHOA, Appellant v.

NAIL FLOWER BEAUTY SALON,
Appellee

From the 224th Judicial District Court, Bexar County, Texas Trial Court No. 2013-CI-12691 Honorable Antonia Arteaga, Judge Presiding

O R D E R

Appellant filed her brief on February 13, 2015. The brief does not comply with Rule 38.1 of the Texas Rules of Appellate Procedure. See Tex. R. App. P. 38.1. Specifically, the brief violates Texas Rule of Appellate Procedure 38.1 in that it does not contain: (1) a table of contents; (2) an index of authorities; (3) a proper statement of the case; (4) a brief statement of the issues presented, setting out what errors were allegedly committed by the trial court; (5) include a statement of facts with record references; (6) a proper summary of the argument; (7) proper legal argument with appropriate citation to authorities and the appellate record; or (9) an appendix.

See id. R. 38.1(b) (requiring table of contents), 38.1(c) (requiring index of authorities), 38.1(d) (requiring statement of case); 38.1(f) (requiring statement of issues presented), 38.1(g) (requiring statement of facts with record reference), 38.1(h) (requiring summary of argument, 38.1(i) (requiring argument with appropriate citation to authority and record), and 38.1(k) (requiring appendix with copy of judgment or other appealable order, any jury charge and verdict form, any findings of fact and conclusions of law, and text of applicable rules, regulations, ordinances,

*59 statutes, constitutional provisions, or other law on which argument is based, or any contract or other document central to argument).

Although substantial compliance with Rule 38.1 is generally sufficient, this court may order a party to amend, supplement, or redraw a brief if it flagrantly violates Rule 38.1. See id. R. 38.9(a). We conclude that the formal defects described above constitute flagrant violations of Rule 38.1.

Accordingly, we ORDER appellant's brief stricken and ORDER appellant to file an amended brief in this court on or before March 25, 2015. The amended brief must correct the violations listed above and fully comply with Rule 38.1 of the Texas Rules of Appellate Procedure. See R. 38.1. If the amended brief does not comply with this order, we "may strike the brief, prohibit [appellant] from filing another, and proceed as if [appellant] had failed to file a brief." See id. R. 38.9(a); see also id. R. 38.8(a) (authorizing this court to dismiss appeal if appellant fails to timely file brief). Even if we do not strike the brief and prohibit appellant from filing another brief, we may find that any issues raised by appellant are waived due to inadequate briefing, and overrule those issues. See, e.g., Marin Real Estate Partners v. Vogt, 373 S.W.3d 57, 75 (Tex. App.—San Antonio 2011, no pet.).

We recognize that appellant represents herself on appeal, i.e., she is acting pro se. However, the law is clear that pro se litigants are held to the same standards as licensed attorneys and must comply with all applicable rules of procedure, including the rules governing appellate briefs. Valadez v. Avitia, 238 S.W.3d 843, 845 (Tex. App.—El Paso 2007, no pet.). A pro se litigant is required to properly present her case on appeal just as she is required to properly present her case to the trial court. Id. Accordingly, we will not apply different standards merely because an appeal is brought by a litigant acting without advice of counsel. Id.

If appellant timely files a brief that complies with this order, appellee's brief will be due thirty days after appellant's brief is filed. See Tex. R. App. P. 38.6(b).

Marialy's Barnard, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 23rd day of February, 2015.

*60

fourtly Court of Appeals

San Antonio, Texas

January 29, 2015 No. 04-14-00509-CV Gloria OCHOA, Appellant v.

NAIL FLOWER BEAUTY SALON,
Appellee

From the 224th Judicial District Court, Bexar County, Texas Trial Court No. 2013-CI-12691 Honorable Antonia Arteaga, Judge Présiding

O R D E R

Appellant has filed a third motion for extension of time to file her brief, asking for an additional sixty days to file her brief. We previously granted her two prior extensions for a total of seventy-four days, making her brief due January 30, 2015. We have reviewed appellant's motion. Based on our review, we GRANT appellant's motion in part and DENY it in part. We GRANT appellant's request for a third extension, but we DENY appellant's request for an additional sixty days to file her brief. We GRANT appellant an additional sixteen days to file her brief and we ORDER her to file her appellant's brief in this court on or before February 16, 2015. We advise appellant that NO FURTHER EXTENSIONS OF TIME TO FILE THE BRIEF WILL BE GRANTED ABSENT WRITTEN PROOF OF EXTRAORDINARY CIRCUMSTANCES. We recognize appellant is pro se; however, pro se parties are held to the same standards as licensed attorneys and are expected to comply with all rules and procedures applicable to appeals.

Muralyn Barnard

Marialyn Barnard, Justice IN WITNESS WITHINGE, I have hereunto set my hand and affixed the seal of the said court on this 29th day of January 2015.

*61

COURT OF APPEALS

SANDEE BRYAN MARION CHIEF JUSTICE KAREN ANGELINI MARIALYN BARNARD REBECA C. MARTINEZ PATRICIA O. ALVAREZ LUZ ELENA D. CHAPA JASON PULLIAM JUSTICES

FOURTH COURT OF APPEALS DISTRICT CADENA-REEVES JUSTICE CENTER 300 DOLOROSA, SUITE 3200

SAN ANTONIO, TEXAS 78205-3037 WWW.TXCOURTS.GOVATHCOA.ASPX

KEYTH E. HOTTLE CLERK OF COURT

TELEPHONE (210) $335-2635$

FACSIMILE NO. (210) $335-2762$

January 29, 2015 Gloria E. Ochoa 542 Williamsburg Place San Antonio, TX 78201

Elizabeth Lennane Bank of America Plaza 300 Convent St Ste 2350 San Antonio, TX 78205-3703

• DELIVERED VIA E-MAIL *

RE: Court of Appeals Number: 04-14-00509-CV Trial Court Case Number: 2013-CI-12691 Style: Gloria Ochoa v.

Nail Flower Beauty Salon Enclosed please find the order which the Honorable Court of Appeals has issued in reference to the above styled and numbered cause.

If you should have any questions, please do not hesitate to contact me.

Very truly yours, KEITH E. HOTTLE, CLERK

Deputy Clerk, Ext. 3219

*62

SANDÉ: DRYAN MARION CHIEF JUSTICE KAREN ANGELINI MARIAI YN BARNARD REBECA C. MARTINEZ PATRICIA O. ALVAREZ LUZ ELENA D. CHAPA JASON PULLIAM JUSTICES

COURT OF APPEALS

POURTH COURT OF APPEALS DISTRICT CADENA-REEVES JUSTICE CENTER 300 DOLOROSA, SUITE 3200 SAN ANTONIO, TEXAS 78205-3037 WWW.TXCOURTS.GOV/ATHCOA.ASPX

KEITH E. HOTTLE

CLERK OF COUP TELEPHON (210) $335-262$

FACSIMILE NO. (210) $335-2762$

January 28, 2015 Gloria E. Ochoa 542 Williamsburg Place San Antonio, TX 78201

Elizabeth Lennane Bank of America Plaza 300 Convent St Ste 2350 San Antonio, TX 78205-3703

• DELIVERED VIA E-MAIL *

RE: Court of Appeals Number: 04-14-00509-CV Trial Court Case Number: 2013-CI-12691 Style: Gloria Ochoa v.

Nail Flower Beauty Salon The Appellant's Third Motion for Extension of Time to File Brief has this date been received and filed in the above styled and numbered cause.

Very truly yours, KEITH E. HOTTLE, CLERK

Deputy Clerk, Ext. 3219