Case Information
*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 7/28/2015 4:59:41 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-15-00228-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 7/28/2015 4:59:41 PM CHRISTOPHER PRINE CLERK No. 01-15-00228-CV and 01-15-00440-CV ________________________________________________________________
IN THE FIRST COURT OF APPEALS OF TEXAS ________________________________________________________________
IN RE ERNEST R. KOONCE, RELATOR ________________________________________________________________
Original Proceeding From the 127 th Judicial District Court of Harris
County, Texas Cause No. 2010-64752 __________________________________________________________________
OBJECTION TO MOTION TO CONSOLIDATE ERNEST R. KOONCE RELATOR, Pro Se 15938 Fleetwood Oaks Drive *2 TO THE HONORABLE COURT OF APPEALS OF TEXAS:
Ernest R. Koonce, Relator, and those similarly situation,
respectfully submit this Objection to Real Party In Interests and
Respondent, Wells Fargo’s Motion to Consolidate both cases, and
would show the Court as follows:
IDENTITY OF PARTIES AND THEIR COUNSEL
Relator, Ernest R. Koonce, hereby certifies that the following are the
list of parties and their respective counsel, if any, to the best of his
knowledge and understanding of the rules.
PARTIES COUNSEL
Relator
ERNEST R. KOONCE Pro Se
Respondent
HONORABLE RK SANDILL 127thth Civil District
Court of Harris County, TX 201 Caroline, 10 th Floor Houston, Texas 77002 Court Phone Number: (713) 368-6161 Chris Daniels 201 Caroline
Harris County District Clerk
Real Party in Interest: Bradley Chambers
WELLS FARGO BANK, NA
Texas Bar No. 2400186 Valerie Henderson Texas Bar No. 24078655 Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. 1301 McKinney Street Suite 3700 *3 Tel: (713) 650-9700 Fax: (713) 650-9701 vhenderson@bakerdonelson.com TO THE HONORABLE COURT OF APPEALS:
Petition and Realtor, Ernest Ray Koonce, hereby objects to the
untimely filed motion of Wells Fargo. Wells Fargo’s attorney, Valerie
Henderson, had previously contacted Petition/Realtor Ernest Ray
Koonce (hereinafter referred to as “Koonce”) prior to any payment
for the Writ of Mandamus. At that time, Koonce agreed because he
was lead to believe that Valerie Henderson was going to immediately
file the motion so as to avoid paying additional fees. When no
motion was actually filed, Koonce believed it was because
Henderson had changed her mind. Had Koonce not been tricked
into believing that motion would be timely filed, Koonce never would
have agreed to it. The following email is a true and correct copy of
the original from an email Koonce received from Valerie Henderson
on June 15, 2015:
On Mon, Jun 15, 2015 at 3:48 PM, Henderson, Valerie
<VHenderson@bakerdonelson.com> wrote:
Mr. Koonce:
We are preparing our response to your recent pleading
“Petition for Permission to Appeal Amended Order
Reversing the Granting of Plaintiff’s Plea to the
Jurisdiction and Standing of Wells Fargo Bank, NA or
Alternative, Petition for Writ of Mandamus” and noticed
an error by the appellate court that we wanted to discuss
with you. We presume you filed that recent pleading in
response to the appellate court’s April 30 order. The
clerk, however, docketed the pleading in a different cause
number and is now asking you to pay another filing fee.
You should have been mailed a copy of the Court’s order
on June 11. In case you have not yet received it, I am
attaching a copy to this email.
We have prepared a motion to consolidate the appeals:
(1) 01-15-00228-CV and (2) 01-15-00440-CV.
If the court grants our motion, you should not have to
pay a second filing fee.
We are required to ask whether you are opposed to our
motion to consolidate the appeals.
Please let me know.
Valerie G. Henderson
Associate Attorney
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
1301 McKinney Street
Suite 3700
Direct: (713) 286-7172
Facsimile: (713) 650-9701
E-mail: vhenderson@bakerdonelson.com
www.bakerdonelson.com
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
represents clients across the U.S. and abroad from offices
in Alabama, Florida, Georgia, Louisiana, Mississippi,
Tennessee, Texas and Washington, D.C.
What is clear from the above email, Valerie Henderson
specially states that “if the motion is granted, you should not have
to pay the second fee.” The only reason Koonce agreed to the
motion was to avoid paying that second fee. However, since Valerie
Henderson intentionally waited until the time she was required to
file and lied to Koonce about her intention, this Court should deny
the motion or, require Henderson to pay Koonce the additional fee
he was required to pay. Koonce had to pay an additional $145.00
filing fee for the Writ of Mandamus, a fee which Koonce should not
have had to pay if Henderson had timely filed the motion as she
claimed she would. It would be fundamentally unfair at this point
to allow the two cases to be consolidated after fees had been paid,
and Valerie Henderson misrepresenting her intentions and
misleading Koonce into believing that the motion would be filed
right away. This is a habit of Ms. Henderson in misrepresenting
facts, evidence, and statements. She should not be rewarded for
her lies.
Therefore, Koonce objects to the untimely filing of the Motion
to Consolidate, for Henderson’s misrepresentations to this Court,
and withdraws his prior agreement since Henderson breached that
agreement. Koonce further objects because counsel failed to
provide a word count in accordance with the Rules of Appellate
Procedure.
PRAYER
Koonce prays that this Court deny Respondent/Real Party In
Interest Wells Fargo Bank, NA’s Motion to Consolidate, or should
the Court grant this untimely motion, which consent was procured
through misrepresentations and means of fraud, that Henderson be
required to reimburse Koonce for the additional filing fee, and for
such other and further relief as the Court may deem just and
proper.
Respectfully submitted:
/s/ Ernest R. Koonce Ernest R. Koonce 15938 Fleetwood Oaks Dr. Houston, TX 77079 Tel: (832) 434-3183 Rayk469@gmail.com Word count: 945
CERTIFICATE OF SERVICE On July 28, 2015, pursuant to Rule 21(a) of the Texas Rules of
Civil Procedure, a true and correct copy of the foregoing document
has been sent to the following via e-filing as follows:
Bradley Chambers
Texas Bar No. 2400186
Valerie Henderson
Texas Bar No. 24078655
Baker, Donelson, Bearman,
Caldwell & Berkowitz, P.C.
1301 McKinney Street
Suite 3700
(713) 650-9700 – Telephone
(713) 650-9701 – Facsimile
vhenderson@bakerdonelson.com