Jimmy Diaz v. Robert T. Rice and Savannah Robinson
14-14-00517-CV
| Tex. App. | Jul 27, 2015
Case Information

*1 The Fourteenth Court of Appellant, is. SOl Fannin Suite 245 Houston, Texas 77002

Jimmy biraz, Plaintiff Appellant, VS. Savanagh Linda Robinson etal, Robert Thomas Rice, and Addendum third Party Kennem, Grazia Little Ken, Inc.wholey No.14-14-00511-CV cunerd Corporation seaford Inc. Grazia enkeptics. Inc.: bllendants-appellees Amended notice of Appell and interlocutory appell, Authoerized by Statue,

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Amended Notice of Appell, and Interlocutory Appell authorized by the Statue, is hereby given that Savannah Linda Robinsow; Robers' Thomps Rice; and addendum third Parily Kenneth Eranza Little Ken. Inc. Wholen ownered Conprotion Eranza Enterprises, Inc. Seaford Company, boat vested ince, through and by his Attorney, etal; "Parties taking the Amended Notice of Appell, Iinterlocutory Appell authorized by Statue; Plaintiff me, Dinz, in the above named Case, is hereby Appeded to the fourteenth Cours of Appells at 301 Eanain suile 245, Houston, Texas 91002.

From: Base BAis prejudicemot provided Impartid hearing or adequate due process of the law and equinl protection of law or opportunity to be hearell and access to Cours proceedings from denial. I. Defendant Robert thomns Rice he Sued Plaintiff on February 29, 2012. 2.

*3 Dellendant rice filled Petition declaratory Judgment seek relief within 14 anys and panel level 3 discovey and disclosuere in the District Guet of Brazoria County, teens 23 rd Juticial DisTrict Hon.Judge Peesinding EDWIN DENMAN over the Petition for declaratory Judg ment Judges thilure to Comply with law or tef Liv. Proc. state doeketing, sehedule orders, (to months stillcunning) no. 61021; 2. Plaintiff me, disz he did not received Petition for Declerntory Judgment on are about march 4,202 he filed his response to Plaintiff Petition for declarabey Judgment cause no. 61021 Dellentant rice Committed Pexjury he stated that he does not keep records ofuse expense, then he stated he just received invoce of Case expenses: Hon.Judge Peesinding EDWIN DENMAN, failure to Comply with law state tef. Liv. POC. doeketing, sehedule ordises. ruling abused of its discretion.

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  1. A Dudleid Dist. Budge as Hov. Edwin DENmAN has duties to comply with the law of state of teens state teE Rules of Liv. Proc. Competent and Diligent Responsibility Pursumt teE. veevons Ann. ANNOTATEO Civil Practice and Remedies Code Canon 3 (2)cas a Budge who received information Clearly establishing that a lawyer has committed a Violation of teens disclimacy rules of Professional misconduct Should take Appropriate Action Civil action an Attorney has engaged in conduct involving disnosesty, tPauD or mediCated Fraud, deoit, or mispresentation engaged in conduct constitutioning ob struction of Justice Consumer Protection Act teens Deactive Trade. Practice Act,
  2. on are about July 2013 Plaintiff me, Ditz. he filed his Suile under Tens Deactive Trade Practice Act Citation was sevved upon Defendants they filed gespose, Cause No. 735431 Plaintiff me, Ditz filed motion for Change of venue, motion to set trial date, motion for Bench wrerant.

*5 and motion for appointment of Counsel beferdant Savannah Robinson filled Countrer Chins, Crosschains Pleading Affirmative defense. 5. The Fleck Rhound BArchak, Braroxia County, Dusit, Courts, doeketing, in the District Court 412th, Judicial Disterior, of Braroxia County, Texas cause No. 135431 Pending before...The How, Edwin Denman, Judge Presiading over Suite Chins. 6. on July 1, 2013 the defendants filed motion to Consolidate Cause No. 61021, was Pending 23rdJudicial Disterior Court, of Braroxia County, Texas, cause No. 135431 was moved from 412th Judicial District Court into 23rd Judicial District Court Bearoxia County Disterior Fleck, Rhound BArchak release to Provide SUdeE Pesinding over these suit of Civil Actions. 7. Plaintiff he was transferal Jester 3 for physical therapy

*6 due to serious medical needs meet the imminent danagement exception Physical bodily injuries danages to his shoulder notary sup damages due to his Livil rights being deprived in this civil Acton next second Stoso SEKerey. 8. on July 10,2013 Maintiff filed his response to defendants motion To Consolidate Maintiff he filed misjoinder and wom Joinkes separate Consolide Pleading's; 4. on seplember 25, 2013, defendants move for motion for summary Judgment, they Solve off discovery disclosure] in Violation Clegely established Pursuant some terms Rules of Livil Procedure Under Rule 166 (201. (2), they did not comply with rule or Procedure Principles, in west Chester Fike, Ins. Co. V, Alvares 576 SiW, 2d at 971,972 (TEE, App 1M8)

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  1. On November 4, 2013 Plaintiff me Ditz he filled his response to Defendants motion for Summary Judgment me Diat tiled objection ofPorsing memorandum Attachies his Affidavits in support as Sufficient evidence proof great weight of pro peedance of evip guinue issue of dispule Judge Persinding Edwin Denman failed, to comply with law sinte teens Rules of Civil Procedure UtC. A Court Code 81,001 Canon 3 Preforming the duties of Judicial office impertially and diligentay Abused of its discretion; II. On are about 30th Sermasth 8,204 Plaintiff he filed motion to mottity se hedule order How. Judge Presinding failed to comply with law sinte teens Rules of Civil Procedure failure to mottity sedeade order, this Abused of discretion TEX Const Aft V 81 Pre United States Const. Amend, 14th and 3th Amendment Rights:

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  1. On April 13, 2015 Plaintiff MR. Dinc he filed his motion to leave the coues to allow him addendum third Parily defendant Kenneth Grazia Little Ken, Inc. Wholen owned Corporation Grazia entepries Inc. seaford, Inc, Felt of vessel A. 21, Cause No. 135431
  2. Plaintiff's mR. Dinc Complaint Sued addendum third Part Kenneth Grazia Ally throug by his Attorney Viotition Breach written Refigement Contract Consumer Protection Act, Deeetive Trade Practices Act Tens Rule of Civil Pricedure form 41 and Rule 38 (C) 39, and 40 was lweek, Servied upon Brarcokis buntly DSTRICT CLEX, RIOUNDA BAKCHAK, Jereyitette 23rd Gualicial DisIECT CERIAT Cause No. 135431, and, 14.

*9 on April 13, 2015 Plaintiff me. Dinz he filled addendum third party summons to be sevved upon defendant kennenth Eerau Little Ken. InC. etal, to answer to Complaint s summons within 30 days After service sevved to Brazoria Cunity, Districf Clerks JERRY DEERE, and RhauNDA BARCH. 2K. Certificate of service each Readings.

H, on april 13.2015 Plaintiff me.Dinz, he also filled to Brazoria Cunity, Districf Rhounda Barchak Process Request formanstrument Citation to be sevved by sheriff upon the addendum third party defendant Kenneth Beriza 2K Little Ken. InC. etal, duly sevved upon the Brazoria Cunity, Districf Clerks Rhounda Barchak, JERRY DEERE and upon the defendants Athoeney in Charge, Savannah Robinson Linds.

  1. Plaintiff me. Dinz, he filled his self authenticating Prcduction of document as Proof that defendants engage in obstruction of Just 1ee.

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  1. The Braroxia Leunty District Cours deep Judicial Seating and District Heeks of Braroxia Leunty, Years, Abused it Discheckon failures to comply with the Imw of United States Constitutiona! or state tears Rules of ovil Precedure deligence, Hing docking each and every Reading and issue the Citation upon defendant Kenneth Erazia, Hal by[Shemt] Rule 34 duty of Heeks.
  2. The Hon. EdwinDONman Juade 23 rd Judicial District Cours of Braroxia Leunty, Years and 412th Judicial District Cours of Braroxia Leunty, 71 Resinding over these Cmins has Abused his DisCRe in Dolation teans veekats, Ann. Tears Avil Practice and Remedies Code V.T.C.A, Govt Code 81,001 507,3
  3. Plaintiff mR, Diaz, on march 23,205 , he filed motion for discourcy and discolyee After 90 days Price to Aling motion mortlly Schedule order 10.

*11 The motion for discovery discloswe and Production of Breath written Repreement contact, and an Ampel of original Alleged case. EY pense was duly serviced upon the detentor us. Postal service Reerifed mail returwed receipt * SAUANDh Linds Robinson No. 1009-2820-2002-955-3186; duty serued upon CIERK BREOORIA County, DIST, CIEek Rhoumpa BAKethuk, she NEVER did answee noe stamp tlle i ′ ′ of service 14. on April 27. 2015 Plaintiff MR, Dike, he tiled motion for sanction and compelling discovery, disclosure Brecoria County DisTect CoIRTS, NOR CIERK, RIOUNDA BAKCHAK NEVER ANSWERed or send a stamp file of service." ENTfRED IN THIS ACrION ON THE 99 day of July 2015 DATED: Duly 99,2015

*12 UNSuOAN Declaration By inmate

IJimmy Dinz, declare and depose PIRSuent to the title 38 U.S.C. 1746, suVEce undie the Penally of Per- s. ury that the statement made Amended Notice of Appell interboratory Appell Authorized by Statue Case NDS, 14-14-00517-LU / 14-14-00622-LU, see teue and CORRECT the best of my Knowledge EXCURSO: onthis Any signed on 22 day of July 3015

Respectfully submitted (1) Jimmy Dinz (2) IJimmy Dinz Ramachhint 1100, F. m. Rd. Rosthen, Tt. 11583

LERIIFICATE OFFERVICE

IJimmy Dinz Hereby: Lectify that a copy of the foregoing was sevived in steument Amended Notice of Appell, interboratory Appell to: Christopher A. Prime Fankworth Carer of Appell, 301 Fannin Suite 245 Houston, TX 97002 on this day of 22 day of July 3015, U.S. Pastell Sevelee, From Prison mail box, Address Bllows Parkes Seveel) RhaunDA BARCHAK BREOORA (Runly Distilled 111 E. Locust Suite 500 112.