Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 9/11/2015 11:09:27 AM JEFFREY D. KYLE Clerk *1 ACCEPTED 03-15-00451-CV 6883235 THIRD COURT OF APPEALS 1 AUSTIN, TEXAS 9/11/2015 11:09:27 AM JEFFREY D. KYLE CLERK NO. 03-15-00451-CV ANGELA BROOKS-BROWN § IN THE THIRD
§ V. § COURT OF APPEALS
§ USAA TEXAS LLOYD’S COMPANY § AUSTIN, TEXAS
APPELLEE’S MOTION TO DISMISS TO THE HONORABLE COURT OF APPEALS:
Appellee, USAA Texas Lloyd’s (“USAA Texas Lloyd’s”) Company moves
for dismissal of this interlocutory appeal and would show the following:
I. INTRODUCTION This is an appeal from (1) an order appointing an umpire for an appraisal
proceeding under a homeowners policy and, (2) an order of temporary injunction
prohibiting the Appellant from pursuing appointment of an umpire in another
district, and (3) denial of a plea in abatement. (CR 941, CR 946) 1 In its amended
notice of appeal, Appellant Brooks-Brown states that she seeks an accelerated
appeal. (CR 946) 2
The appeal should be dismissed for want of jurisdiction because: 1. There is no legal or statutory basis for an interlocutory appeal of the
appointment of an umpire or denial of an abatement.
2. The appraisal has been completed and USAA Texas Lloyd’s has
tendered payment in the amount of the award. The temporary injunction expired by its own terms when the appraisal was completed. Therefore, the appeal is moot.
II. RELEVANT FACTS AND
PROCEDURAL HISTORY Appellant, Angela Brooks-Brown sustained a loss to her home in Killeen,
Bell County, Texas, from fire damage occurring on or about April 4, 2014. (CR
271, 272). She also sustained damage from a hail storm occurring on or about May
12, 2014. (CR 271, 272). USAA Texas Lloyd’s was her homeowners’ insurer.
USAA Texas Lloyd’s adjusted the loss and made payment in the amount it deemed
due. (CR 271, 273-74)
Brooks-Brown retained the Scott Law Offices and, by letter of September 5,
2014, contended that the payment for the hail loss was insufficient. (CR 7, 20).
Brooks-Brown then filed suit in Bell County on September 11, 2014, asserting
contractual and extracontractual claims. (CR 7). By amendment, she added
similar claims related to her fire claim. (CR 107). By letters of March 5, 2015 and
A PPELLEE ’ S M OTION T O D ISMISS P AGE
3 April 20, 2015 Brooks Brown demanded appraisal of both claims and appointed
Darrell Quinney as her appraiser. (CR 420, 434).
The policy requires that, after one party demands appraisal and chooses a
competent and impartial appraiser, the other party has 20 days to appoint its own
competent and impartial appraiser. (CR 420, 430). If the appraisers cannot agree
on an umpire within 15 days, the choice is to be made “by a judge of a court of
record in the state where the ‘residence premises’ is located.” (CR 420, 430).
USAA Texas Lloyd’s appointed Mark West as its appraiser. (CR 420, 436).
The two appraisers did not agree as to the scope or amount of loss and could not
agree to an umpire. (CR 420, 421).
Brooks-Brown amended her petition several times. The Third Amended
Original Petition was filed May 19, 2015. (CR 271). In each petition Brooks-
Brown asserts that the insured property is located in Killeen, Texas, that she is a
resident of Bell County, and that venue is mandatory and proper in Bell County
because all of a substantial part of the events giving rise to the lawsuit occurred in
Bell County. (CR 7, CR 107, CR 206, CR 271).
On June 8, 2015, Brooks-Brown attempted to non-suit the Bell County suit 3
(CR 418) and filed an action in County Court in Jefferson County seeking
*4 4 appointment of an umpire for the appraisal of Brooks-Brown’s claim. 4 (CR 569,
640). The action was not served on USAA Texas Lloyd’s, although a courtesy
copy was provided to USAA Texas Lloyd’s counsel on June 10, 2015. (CR 758,
848).
On June 9, 2015 USAA Texas Lloyd’s filed a motion to have an umpire
appointed in the Bell County suit. (CR 420) Brooks-Brown filed a plea in
abatement, on July 9, 2015 asserting the Jefferson County Court had “dominant
jurisdiction.” (CR 687).
The District Court held a hearing, after notice to all parties, and, by Order of
July 10, 2015, appointed Ron Bickel (a Bell County roofer) as the umpire. (CR
686). The District Court also entered a temporary injunction on July 17, 2015,
enjoining Brooks-Brown from seeking appointment of an umpire in Beaumont in
the unserved action. (CR 928). The court’s order required that the appraisal be
completed within 30 days and stated that “this Anti-Suit injunction will expire after
the insurance appraisal proceeding at issue has been completed” and the court has
received a joint report. (CR 928, 931).
By order of July 27, 2015, the court denied Plaintiff’s Plea in Abatement.
(CR 948). On August 25, 2015, USAA Texas Lloyd’s received the umpire’s
awards. (Affidavit of Lisa Songy, Ex. 1-A) USAA Texas Lloyd’s tendered
payment on August 27, 2015. (Songy Affidavit Ex. 1-A) The parties filed a joint
report, including a copy of the award and tender of payment by USAA Texas
Lloyd’s, on September 9, 2015. (Songy Affidavit, Ex. 1-A)
IV. ARGUMENT AND AUTHORITIES A. No Jurisdiction As to Appointment of Umpire
Brooks-Brown seeks an accelerated appeal. She asserts no jurisdictional
basis in the notice of appeal, and no basis for an accelerated appeal. (CR 932,
946). Generally, appeals may be taken only from a final judgment or order. Qwest
Communications Corp. v. AT&T Corp ., 24 S.W.3d 334, 336 (Tex. 2000);
Schlumberger Ltd. v. Rutherford , 2015 Tex. App. LEXIS 8886, *8 (Tex. App. —
Houston, Aug. 22, 2015, no pet.); See also Tex. Civ. Prac. & Rem. Code § 51.014.
Statutes allowing interlocutory appeal are a narrow exception to the general rule
and are strictly construed. CMH Homes v. Perez , 340 S.W.3d 444, 447 (Tex.
2011). An appellate court has no jurisdiction over an interlocutory appeal unless
expressly authorized by statute. Id . at 336.
Rule 28.1 Tex. R.App. P., allows for accelerated appeals from interlocutory
orders (when allowed by statute), quo warranto proceedings, and appeals required
by statute to be accelerated or required by law to be filed within less than 30 days
of the order or judgment being appealed. The only category in which Brooks-
A PPELLEE ’ S M OTION T O D ISMISS P AGE
6 Brown could assert a right to accelerated appeal is an appeal from an interlocutory
order.
There is, no jurisdictional basis for appeal of appointment of an umpire. 5 A
party may pursue an interlocutory appeal from a temporary injunction. Tex. Civ.
Prac. & Rem. Code Sec. 51.014(4). The court of appeals, however, may only
review the portion of the order granting or denying injunctive relief. The right to
interlocutory appeal of one issue does not create jurisdiction for other issues. See,
e.g., Easton v. Brasch , 277 S.W.3d 558, 561 (Tex. App. — Houston [1 st Dist.]
2009, no pet.) (on interlocutory appeal from temporary injunction, court lacked
jurisdiction to address portion of order denying attorney’s fees); Bishop v.
Clawson , 2012 Tex. App. LEXIS 64, *8 (Tex. App. — Houston [14th Dist.] Jan. 5,
2012, no pet.) (on appeal from temporary injunction, court lacked jurisdiction to
review order setting aside foreclosure sale).
The District Court also denied Brooks-Brown’s motion to abate the appraisal
proceeding. (CR 948). 6 The denial of a plea in abatement is not subject to
interlocutory review. E.g., Walker Sand, Inc. v. Baytown Asphalt Materials, Ltd .,
95 S.W.3d 511, 516 (Tex. App. – Houston [1 st Dist.] no pet .) ; cf. State v. BFI
Waste Servs. of Tex., LP , 2011 Tex. App. LEXIS 2169 (Tex. App. — Austin Mar.
23, 2011, pet. denied).
Moreover, as Brooks-Brown did not seek or obtain a stay of the proceedings,
the appraisal went forward, as ordered by the Court, and has now been completed.
(Affidavit of Lisa Songy, Ex. 1-A). Accordingly, as discussed below, any
interlocutory appeal is now moot. Any opinion would be advisory in nature and
outside the scope of the court’s jurisdiction.
B. The Appeal is Moot
An appeal is moot when there is no longer an issue in controversy and the
court’s action on the merits cannot affect the rights of the parties. See VE Corp. v.
Ernst & Young , 860 S.W.2d 83, 84 (Tex. 1993). An appellate court is prohibited
from deciding a moot controversy. See, e.g., City of Dallas v. Woodfield , 305
S.W.3d 412, 416 (Tex. App. — Dallas 2010, no pet.); Ibarra v. City of Laredo ,
2012 Tex. App. LEXIS 5962 (Tex. App. — San Antonio July 25, 2012, pet.
denied), cert. denied , 133 S. Ct. 2392 (2013) (after final judgment, appeal from
denial of temporary injunction was moot). The Court of Appeals must dismiss a
moot appeal. Woodfield , 305 S.W.3d at 416; Ibarra at * 7.
An appeal from an interlocutory order does not suspend the order unless it is
superseded or the court of appeals enters a temporary order staying the
proceedings. Tex. R. App P. 29. Brooks-Brown did not supersede the order nor
A PPELLEE ’ S M OTION T O D ISMISS P AGE
did she obtain a stay. Instead, the appraisal proceeded as ordered by the District
Court. Two of the three members of the appraisal panel signed the award, and it is
binding and enforceable on the parties. See Cantu v. So. Ins. Co. , 2015 Tex. App.
LEXIS 8847, *9 (Tex. App. — Austin Aug. 25, 2015, no pet h.) (appraisal award
made pursuant to provisions of insurance contract is binding and enforceable). The
award was received on August 25, 2015 and USAA tendered payment of the award
by letter of August 27, 2015. (Affidavit of Lisa Songy, Ex. 1-A). The order on the
plea in abatement is moot, as the appraisal has been completed.
Brooks-Brown seeks to appeal from the temporary injunction. By its own
terms, the injunction expires when the appraisal process is completed. (CR 928,
931). Therefore, any appeal is moot. See, e.g., Richards v. Mena , 820 S.W.2d 372
(Tex. 1991) (appeal from temporary injunction moot after district court rendered
final judgment as to permanent injunction).
Brooks-Brown also seeks to appeal the order appointing an umpire. There is
no independent basis for appeal of that order. Moreover, Brooks-Brown’s only
objection was that it preferred the Jefferson County court to appoint an umpire.
Again, that issue is now moot. Even assuming, arguendo , that venue is irrelevant
to appointment of an umpire, an umpire was appointed by a court of jurisdiction,
and the appraisal was completed.
A PPELLEE ’ S M OTION T O D ISMISS P AGE
Because the controversy between the parties ended when the appraisal was
completed, the appeal is moot and should be dismissed.
V. PRAYER For the reasons stated herein, Appellee USAA Texas Lloyd’s requests the
Court grant its motion, dismiss the appeal, and grant appellee judgment for its
costs.
Respectfully submitted, /s/ Lisa A. Songy Lisa A. Songy State Bar No. 00793122 LisaS@tbmmlaw.com Beth D. Bradley State Bar No. 06243900 BethB@tbmmlaw.com Donnie M. Apodaca, II State Bar No. 24082632 DonnieA@tbmmlaw.com T OLLEFSON B RADLEY M ITCHELL & M ELENDI , LLP 2811 McKinney Avenue, Suite 250 West Dallas, Texas 75204 (214) 665-0100 Telephone (214) 665-0199 Facsimile ATTORNEYS FOR DEFENDANT USAA TEXAS LLOYD’S COMPANY A PPELLEE ’ S M OTION T O D ISMISS P AGE
CERTIFICATE OF CONFERENCE The undersigned counsel hereby certifies that she conferred with Danny Ray
Scott, counsel for Plaintiff Brooks-Brown, on August 25, 2015 regarding this
motion. Counsel for Plaintiff Brooks-Brown stated that he was opposed to this
motion. Therefore, it is presented to the Court for consideration.
/s/ Beth D. Bradley Beth D. Bradley A PPELLEE ’ S M OTION T O D ISMISS P AGE
CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of has been served upon counsel
of record via electronic service and facsimile on this 11th day of September, 2015.
Attorneys for Plaintiff
Danny Ray Scott
danny@scottlawyers.com
Virginia Izaguirre
virginia@scottlawyers.com
Sean M. Patterson
sean@scottlawyers.com
Scott Law Offices
350 Pine Street, Suite 300
Beaumont, Texas 77701
Facsimile 409.833.5405
/s/ Lisa A. Songy Lisa A. Songy A PPELLEE ’ S M OTION T O D ISMISS P AGE
EXHIBIT 1-A
13 NO. 03-15-00451-CV ANGELA BROOKS-BROWN § IN THE THIRD
§
v. § COURT OF APPEALS
§
USAA TEXAS LLOYDS COMPANY § AUSTIN, TEXAS
AFFIDAVIT OF LISA A. SONGY § THE STATE OF TEXAS
§
COUNTY OF DALLAS §
On this day came before me the affiant who, being duly sworn, stated as ..
follows:
1. My name is Lisa Songy. I am licensed to practice law in the State of Texas
and am counsel for USAA Lloyds of Texas ("USAA") in this matter. I am over
the age of 18 years, am fully competent to make this affidavit and the facts stated
herein are within my personal knowledge and are true and correct.
2. I received notice of the appraisal awards in the two claims asserted by Ms.
Brooks-Brown on August 25, 2015. On August 26, 2015, I forwarded copies of
the records to counsel for Ms. Brooks-Brown, with an acknowledgment of the
payment to be made by USAA Texas Lloyds.
3. On August 27, 2015, I forwarded a check from USAA in the amount of
$2,660.53 to counsel for Ms. Brooks-Brown, along with a copy of the awards.
4. On September 9, 2015, I filed a joint report with the Court, as required by its
order of July 17, 2015, attached as Exhibit A. The report includes copies of the
appraisal awards, my letters of August 26, 2015 and August 27, 2015, and the
check from USAA Texas Lloyds.
FURTHER AFFIANT SA YETH NOT C/ S/ .. /
Lisa A. Songy Subscribed and sworn to before me this 11th dayofSeptember, 2015, to
certify which witness my hand and seal of office.
Notary Public, State of Texas My Commission Expires:
CLAUDIA VILLA My Commission Expires March 11, 2017 *15 Filed 9/9/2015 1:37:32 PM Joanna Staton, District Clerk District Court - Bell County, TX by Melissa Wallace , Deputy CAUSE NO. 272,693-B ANGELA BROOKS-BROWN, § IN THE DISTRICT COURT OF
§ §
Plaintiff,
§
v. § BELL COUNTY, TEXAS
§
USAA TEXAS LLOYD'S COMP ANY §
§ § Defendant. 146TH JUDICIAL DISTRICT JOINT REPORT REGARDING APPRAISAL TO THE HONORABLE COURT:
The parties ANGELA BROOKS-BROWN and USAA TEXAS LLOYD'S COMPANY file this, their Joint Report pursuant to the Order granting Temporary Injunction dated July 17,
2015.
The appraisal awards were completed on August 25, 2015, copies are attached hereto as Exhibit A. On August 27, 2015 USAA Texas Lloyd's tendered payment for the awards less
deductibles and previous payments. See Exhibit B.
On July 28, 2015, Plaintiff filed her notice of appeal. Plaintiff appealed the Order on Defendant's Motion for Appointment of Umpire for Insurance Appraisal Proceeding, the Court's
ruling on Plaintiffs Plea in Abatement and Defendant's Application for Temporary Injunction.
Plaintiff plans to continue with said appeal until the issue is decided by Third Court of Appeals.
USAA Texas Lloyd's does not agree that Plaintiffs appeal is proper nor does it concede that the Court of Appeal currently has jurisdiction over the matters
Pursuant to the Court's previous order, the parties hereby notify the comi that the appraisal proceeding has been completed and therefore the injunction expires by its tenns.
/s/ Danny Ray Scott /s/ Lisa A. Songy Danny Ray Scott Lisa A. Songy
SBN. 24010920 SBN. 00793122
danny@scottlawyers. corn LisaS@tbrnrnlaw .corn
SCOTT LAW OFFICES TOLLEFSON BRADLEY MITCHELL &
350 PINE STREET MELENDI, LLP
SUITE300 2811 McKinney A venue
Beaumont, TX 77701 Suite 250 West
409.833.5400 (Main) Dallas, TX 75204
409.833.5405 (Fax) 214. 665.0100 (Main)
ATTORNEY FOR PLAINTIFF 214.665.0199 (Fax)
ATTORNEY FOR DEFENDANT CERTIFICATE OF SERVICE I hereby certify that a trne and correct copy of has been served upon counsel of record via electronic service on this 9th day of September, 2015.
Attorneys (or Plaintiff
Danny Ray Scott
danny@scottlawyers.com
Virginia Izaguirre
virginia@scottlawyers.com
Sean M. Patterson
sean@scottlawyers.com
Scott Law Offices
350 Pine Street, Suite 300
Beaumont, TX 77701
I s I Lisa A. Songy Lisa A. Songy EXHIBIT A
18 Tollefson Bradley Mitchell & Melendi, LLP 2811 McKinney Ave, Suite 250 \Vest Dallas, TX / 520"1' Main: 214.665.0100 Fax: 214.665.0199 Direct: 214.665.0107 Lisa A. Songy
Admitted in Texas and California lisas@tbmmlaw.com
August 26, 2015 Via Fax 409.833.5405 and
e-mail danny@scottlawyers.com
Danny Ray Scott
Scott Law Offices
350 Pine Street, Suite 300
Beaumont, TX 77701
Re: Cause No. 272,693-B; Angela Brooks-Brown v. USAA Texas Lloyd's
Company; In the 146th Judicial District Court of Bell County, Texas and Cause No. 03-15-00451-CV in the Third Court of Appeals Austin Texas Claim Nos.: 24234074-3 Date ofloss 4/4/14 and 24234074-4 Date of loss 5/12/14 Dear Mr. Scott:
Attached for your review are the appraisal awards, which USAA Texas Lloyd's received
on August 25, 2015, with respect to the fire and the storm claims made by your client. These
amounts were agreed to by Mark West and Ron Bickel, the court appointed umpire, as reflected
on the awards. It is USAA Texas Lloyd's intent to pay the award on the storm claim less
deductible and prior payments without deduction for depreciation.
With respect to the award on the fire claim, the appraisal award is for less than USAA's
previous estimate. Thus, there will be no payment forthcoming with respect to the fire claim.
The check made payable to Angela Brooks-Brown, the Scott Law Offices and JP Morgan
Chase Bank NA will be forwarded under separate cover. If you have any questions, please feel
free to contact me.
Attachments
LAS/ljp
Cc: Sean Patterson via email sean@scottlawyers.com
Virginia Izaquirre via email Virginia@scottlawyers.com INSURED: Angela Brooks-Brown COMPANY: USSA Insurance
ADDRESS: 707 Aries Ave. Killeen, Texas
CLAIM# 024234074 AWARD
We, the undersigned, pursuant to the within appointment, DO HEREBY CERTIFY that we have truly and conscientiously performed the duties assigned determined and do hereby
award as the Actual Cash Value and the Replacement Cost Value of said property damaged by_
..l!&L· As per attached inspe<:tion report from Ron Bickel Roofing, Inc -Umpire
Item
Item
Item
Item
Item
TOTALAMOUNTOFLOSS~~$~9=J~33~.9~0'---~~~~~----~
SPECIAL PROVISIONS:
1. Subject to policy provisions and deductible 2. Less any previous payments per this claim 3. Policy coverage to be addressed by others Witness our hands this _!Lday of August 2015 .
....,...,..·_f\;\,_+;~-4--'------APPRAISER Marl: J. West~ __ _________ APPRAISER -~"---><-Qu-in-ney4'-~-----,:......· o_ · _UMPIRE Ron Bickel
Ron Bickel Roofing, Inc 1118 N 31st Temple, TX 76504 254-791-0027 254-773-1662
*************************************************************
Inspection Report
August 5, 2015
Angela Brown
707 Aries
Killeen TX
Re: Brown - 707 Aries
Listed below is an itemized list of work to be performed at above address.
•Remove and replace 34 sq composition shingles - 3 tab
•Remove and replace felt paper
•Remove and replace drip edge 250i
•Remove and replace valley metal 6 7. 00 LF
•Remove and replace 6 turtleback vents
•Remove and replace flashing - 7 pipe jacks
•Remove and replace exhaust cap 6"-8"
•Remove and replace fireplace - chimney chase cover
•Prime and paint exterior fascia 250'
•Seal and paint double garage door opening and trim
•Repair one window
•Dump fees
•Permit fees
Comments: In my opinion, the monies allocated in the amount of
$9,233.90 are adequate to complete the above work.
Sincerely,
~
Ron Bickel
President
Ron Bickel Roofing, Inc COMPANY: U5SA Insurance INSURED: Angela Brooks-Brown
ADDRESS: 707 Aries Ave CLAIM: Cause No. 272,693-8 Killeen TX 76542
AWARD We, the undersigne~, persuant to the within appointment, DO HEREBY CERTIFY that we have truly and conscientoiusly performed the duties assigned determined and do hereby
award as the Actual Cash Value and the Replacement Cost Value of said property damaged by fire.
Item As per attached inspection report prepared by Ron Bicket Roofing, Inc - umpire
Item
Item
Item
Item $3,024.82
TOTAL AMOUNT OF LOSS
SPECIAL PROVISIONS:
1. Subject to ploicy provisions and deductible 2. less any previous payments per this claim 3. P!lcy coverage to be addressed by others
Witness our hands this 24 day of Aug-15 ----
--uf-4--,-- Vvt~~ APPRAISER Ron Bickel -
Ron Bickel Roofing, Inc 1118N31st Temple, TX 76504 254-773-1662 254-791-0027 ************************************************************* Inspection Report Addendum Cause No 272,693-B August24,2015
Angela Brown
707 Aries
Killeen TX
Re: Brown - 707 Aries
Listed below is an itemized list of work to be performed at above address. •Remove and replace 24 S'-6' high wood slat-cedar •Remove and replace 2 4"x4" post-treated lumber •Remove and replace 58' of wood fence 5'-6' high-cedar •Till and operator for 4 hours
•Top soil 10 cubic yards
• 16 hours of general labor
•1,060 square feet lawn-sod
•Fertilizing 2, 120 square feet
Comments: In my opinion, the monies allocated in the amount of $3,024.82 are adequate to complete the above work.
Ron Bickel
President Ron Bickel Roofing, Inc
( . ~ EXHIBITB
25 Tollefson Bradley Mitchell & Melendi, LLP 2811 McKinney Ave, Suite 250 \i\Test Dallas, TX 7 5204 Main: 214.665.0100 Fax: 214 .. 665.0199 Lisa A. Songy Direct: 214.665.0107
Admitted in Texas and California lisas@tbmm law .com
August 27, 2015 Via Federal Express
Danny Ray Scott
Scott Law Offices
350 Pine Street, Suite 300
Beaumont, TX 7770 I
Re: Cause No. 272,693-B; Angela Brooks-Brown v. USAA Texas Lloyd's
Company; In the I 46th Judicial District Comi of Bell County, Texas and Cause No. 03-15-00451-CV in the Third Comt of Appeals Austin Texas Claim Nos.: 24234074-3 Date of loss 4/4/14 and 24234074-4 Date of loss 5/12/14 Dear Mr. Scott:
Enclosed please find payment on the appraisal award in the amount of $2,606.53 with
respect to the storm claim. If you have any questions please feel free to contact me.
Sincerely, ~ ;o~y rt ~·cv
LAS/ljp
Enclosure
Cc: Beth Bradley w/enclosure
Sean Patterson I regular mail
Virginia Izaguirre I regular mail
FEDERAL EXPRESS 03637.21BPW.JSS1103023621.0l.Ol.99 ANGELA D BROOKS-BROWN AND THE SCOTT LAW
OFFICES AND JPMORGAN CHASE BANK NA
C/O LISA SONGY
2811 MCKINNEY AVE STE 250 WEST
DALLAS, TX 75204
USAA Texas Lloyd's Company
PO Box 33490
San Antonio, TX 78265
INVOICE #: USAA-74400242311555373890 LOB: HOM
USAA #: 024234074 CLAIMS REP: 04290-12
LOSS RPT #: 4 CHECK #: 0012344241
LOSS DATE: 05/12/2014 CHECK DATE: 08/25/2015
POLICYHOLDER:
ANGELA D BROOKS-BROWN
EXPLANATION OF PAYMENT TOTAL PAYMENT AMOUNT **OVERNIGHT** Settlement payment in lawsuit styled $**2,660.53 Brooks-Brown, Angela v. USAA Texas Lloyd's
93868-0215 #}Iifi•liH·IBfoil@Miit\i$£eli1ljJ@ri:f-iffSHdalilij@U!@:fi#ikeNijfS1f&i·MMi:§wi$f#hi!§Stii@tM@i!l:Cn!1pJaj~tH§#lo$ji¥Ni 0012344241 DATE
<~ ·usAA Texas Lloyd's Company 51-44/119 CT 08/25/2015 ~<~ PO Box 33~90 .
·USAA® San Antonio,. TX 78265
CHECK AMOUNT $**2,660.53 PAY **Two Thousand Six Hundred Sixty and 53/100 s**
TO ANGELA D BROOKS-BROWN AND THE SCOTT LAW THE OFFICES AND JPMORGAN CHASE BANK NA
. ORDER
OF:
USAA #: I LR #: [4] NATURE OF PAYMENT: HQVERNIGHT .. Settlement payment in lawsuit styled Brooks-Brown, Angela
v. USAA Texas Lloyd's BANK OF AMERICA - HARTFORD, CT VOID 180 DAYS FROM ISSUE DATE AUTHORIZED SIGNATURE
[11] 2 l, l, :l 2 1 0 0 [1] l, 1 [11] 0 51: 9 0 0 l, l, l. *27 I: l. 2 2 L, 0 0 l. 5 b b 5 11•
[1] The Statement of Issues to be Presented on Appeal does not reference the denial of the plea in abatement, but it is included the notice of appeal (CR 946).
[2] A Joint Report has been filed since the Clerk’s Record was requested. USAA Texas Lloyd’s has requested supplementation of the Clerk’s Record but, in the interim, has attached an affidavit of Lisa Songy, with a copy of the Joint Report. A PPELLEE ’ S M OTION T O D ISMISS P AGE
[3] Brooks-Brown contends the non-suit was filed June 6, 2015 but was not file-stamped until June 8, 2015. (CR 758-59). A PPELLEE ’ S M OTION T O D ISMISS P AGE
[4] Cause No. 0127771, styled Angela Brooks-Brown v. USAA Texas Lloyd’s Company , in County Court at Law No. 1, Jefferson County, Texas. Brooks-Brown contends the suit was filed June 6, 2105 but not file-stamped until June 8, 2015. (CR 855-56). A PPELLEE ’ S M OTION T O D ISMISS P AGE
[5] While the statutes related to arbitration are not applicable to appraisal proceedings, by analogy, there is typically no right to appeal from an order compelling arbitration. s ee Mohamed v. Auto Nation USA Corp., 89 S.W.3d 830, 833-34 (Tex. App.—Houston [1 st Dist.] 2002, no pet.) (Federal Arbitration Act) or appointing an arbitrator (Texas Arbitration Act), see CMH Homes v. Perez , 340 S.W.3d at 451-52 (Tex. 2011).
[6] Plaintiff’s notice of appeal indicates the order was made in open court. The order was signed after plaintiff’s initial notice of an appeal. A PPELLEE ’ S M OTION T O D ISMISS P AGE