No. 01-15-00060 - CV

_________________________

In The Court Of Appeals

First District Houston Texas ________________________________________________________________ Daryl Barnes

and

Demeatrice Goff

Appellants,

V

Kevin Fulton And National Housing Development Corporation

Appellees _________________________________________________________ From The 129th Judicial District Court

Harris County, Texas

Case No.2012-34954

SUPPLIMENTAL TO PETITION FOR WRIT OF MANDAMUS

ACCEPTED

01-15-00060-CV

FIRST COURT OF APPEALS

HOUSTON, TEXAS

6/10/2015 7:41:03 AM

CHRISTOPHER PRINE

CLERK

 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 6/10/2015 7:41:03 AM CHRISTOPHER A. PRINE Clerk
VERIFICATION OF PETITION

FOR WRIT OF MANDAMUS – NATIONAL HOUSING DEVELOPMENT CORP. V. DARYL BARNES et.al

Relator's have reviewed Their petition and do hereby swear and affirm that that

foregoing is true and correct to the best of their knowledge and has concluded

that every factual statement in their petition is supported by competent evidence in

the record. See Tex. R. App. P. 52.3(j). and acknowledge the same this 9th day of

June 2012. _______________________________ Daryl Barnes /s/Daryl Barnes

Demeatrice Goff /s/ Demeatrice Goff

7741 James Franklin

Houston, Tx 77088

Email: dbarnes.humble@gmail.com

Email: dgoff.humble@gmail.com

Phone (832)988-0403
APPENDIX INDEX

PETITION FOR WRIT OF MANDAMUS

Daryl Barnes and Demeatrice Goff

INDEX

1. Petitioners Motion for Rehearing

2. Letter to Judge Gomez requesting that a ruling be made

3. Fraudulent letter requesting that a ruling be made

THE RECORD

There is no needed reference to the record

Petitioners ask the honorable court to disregard the exhibits as written in their

statement of facts, while not unremarkable they are they are not germane to the

petitioners argument as far as Judge Michael Gomez’s failure to rule on petitioners

/relators Motion For Rehearing.

9

th day of June, 2015. Daryl Barnes /s/Daryl Barnes

Demeatrice Goff /s/ Demeatrice Goff

7741 James Franklin

Houston, Tx 77088

Email: dbarnes.humble@gmail.com

Email: dgoff.humble@gmail.com

Phone (832)988-0403

CASE NO. 201234954

DEMEATRICE GOFF

Daryl Barnes

PLAINTIFFS, V.

NATIONAL HOUSING

DEVELOPMENT

CORPORATION, COLONY, LLC

DEFENDANTS

)

)

)

)

)

)

)

)

IN THE129th COUNTY

JUDICIAL DISTRICT

COURT

COUNTY OF HARRIS

STATE OF TEXAS

Request for Rehearing and Motion for

New Trial”

COMES NOW the complainant by the undersigned attorney and within the

reglementary period prescribed by the Rules of Court hereby files this motion for

Pursuant to RULE 505.3. of the Tex.R. Civ. P, Petitioners bring this their Motion

for Rehearing and Reconsideration from the judgment of rendered by the

honorable court granting summary judgment to the defendants

Introduction

Petitioners are acutely of the aware of the practical realities of the discretionary

power of your honor and the practical realities of the judicial system itself. We

know very little about the other cases that compete for the courts time and

attention, and we know the honorable court works hard at the challenging task in

the administration of justice on a daily basis. Nevertheless, its hard to imagine a a

set of circunstancesunder which this case should not be allowed to proceed to trial

9/17/2014 9:18:32 AM

Chris Daniel - District Clerk Harris County

Envelope No. 2518026

By: WILLIE J FRAZIER
on the merits. As demonstrated below......... The motion for new trial was

premised on Rule of Civil Procedure Pursuant to RULE 505.3.

[A]n order granting a new trial would not prevent the court from later rendering

summary judgment on the same grounds as those asserted before the new trial was

granted.” Zapata v. ACF Indus., Inc., 43 S.W.3d 584, 586 (Tex. App.—Houston [1st

Dist.] 2001, no pet.); see also Stanley v. CitiFinancial Mortg. Co., 121 S.W.3d 811,

816 (Tex. App.—Beaumont 2003, pet. denied) (rejecting argument that granting of

a new trial following summary judgment precludes subsequent summary

judgment).

NO JUDGMENT WITHOUT SERVICE

1) Confusion abounds when the rules are not followed, in the instant cause of

action the rules were not followed

2) The law presumes that a trial court will hear a case only after giving proper

notice to the parties. Ashworth, 274 S.W.3d at 329; Jones v. Tex. Dep't of

Public Safety, 803 S.W.2d 760, 761 (Tex. App.- Houston [14th Dist.] 1991,

nowrit). Also see Tex.R,Civ.P 124

3) Specifically, to satisfy due- process requirements, a defendant in a post- answer default case must have been given notice that the case could be

decided on the merits in the event the defendant failed to appear. See

Masterson v. Cox, 886 S.W.2d 436, 439 (Tex. App.- Houston [1st Dist.]

1994, no writ).

4) "Rules relating to service of process are mandatory, and a failure to comply

therewith, if a judgment be rendered against a party who was not served in

accordance with those rules (and who did not waive service of citation or

appear voluntarily) renders the judgment void."Strawder v. Thomas, 846

S.W.2d 51, 62 (Tex. App.-Corpus Christi 1992, no writ).

5) Defendants Motion for No Evidence Summary Judgement was set for

submission on June 30th 2014 at 8:00 a.m . Petitioner Barnes spoke with the

clerk of the court and was told to disregard the Submission and Notice Of

Hearing set for June 30th 2014. 6) Defendants submitted documents with the title Notice Of Hearing, instead of

Notice Of Submission although the plain language of the document clearly

show it as a Notice Of Submission.

7) Defendants 2nd Motion for No Evidence Summary Judgment was set for

submission on July 7th ,2014 at 10:30 a.m as evidenced by defendants

Notice Of Hearing ( exhibit A). Apparently this particular setting was
actually treated as if it was a Notice Of Oral Hearing on the Defendants

Motion for No Evidence Summary Judgment.

8) The Honorable court contacted the petitioners on July 7th,2014 inquiring if I

knew of the oral hearing , as petitioners were a no-show for the oral hearing.

At that point confusion arose because of the hearing held on July 7th 2014

,petitioners would think that it would have to be dismissed as a matter of

routine, if not at the very least re-set for lack of Service. 9) The Order signed by the honorable court is the order that was disregarded

by the petitioners on the direction of the clerk.

Conclusion

The judgment should be set aside because the petitioners have shown

(1) his failure to reply to the motion for summary judgment was not intentional or

the result of conscious indifference but was due to an accident or mistake; and

legal sleight of hand by the defendants

(2) The petitioners cause of action have merit

(3) a new trial would cause no delay or injury to the defendants outside of the fact

that they are defendants in a legal cause of action and would simply recreate the

same dynamics that existed before the order was signed

(4) the party exercised diligence in prosecuting their cause action

(5)Petitioners were not properly served by the defendants

Neither were the documents........ The petitioners were not was not served in accordance rule TRCP 124 (and did

not waive service ) therefore the judgment should be rendered void." as per

Strawder v. Thomas, 846 S.W.2d 51, 62 (Tex. App.-Corpus Christi 1992, no writ).
CERTIFICATE OF SERVICE

I hereby certify that I have forwarded a true and correct copy of the foregoing

Request For Rehearing And Motion For New Trial to all Defendants in accordance

with the Texas Rules of Civil Procedure., on this 17th, day of September, 2014

Demeatrice Goff /s/ Demeatrice Goff

Daryl Barnes /s/Daryl Barnes

7741 James Framklin

Houston, TX 77338

(832) 988-0403

dbarnes.humble @gmail.com
CASE NO. 201234954

DEMEATRICE GOFF

Daryl Barnes

PLAINTIFFS, V.

NATIONAL HOUSING

DEVELOPMENT

CORPORATION, COLONY, LLC

DEFENDANTS

)

)

)

)

)

)

)

)

IN THE129th COUNTY

JUDICIAL DISTRICT

COURT

COUNTY OF HARRIS

STATE OF TEXAS

ORDER

The motion of Petitioner , Daryl Barnes et.al.,, REQUEST FOR REHEARING

AND MOTION FORNEW TRIAL for PETITIONER’S” came for hearing before

me on this ________ day of November , 2014

After full consideration of the evidence submitted by the parties, it appears and the

court finds that The Petitioners, are entitled to judgment as a matter of law. The motion of Petitioner’s , Demeatrice Goff , REQUEST FOR REHEARING

AND MOTION FOR NEW TRIAL is GRANTED as follows.

It Is Ordered that case No. 201234954 Daryl Barnes et.al., v. National Housing

Development Corporation, LLC et.al., be reopened

It Is Ordered that the judgment is rendered void.
It is further ordered that defendants . National Housing Development Corporation

LLC.et.al., reset their motion for no-evidence summary judgement for oral hearing

or in the alternative reset for submission per their convenience and the rules.

Any other remedy available to the petitioners

Dated: ______________

_____________________________ The Honorable Michael Gomez,

HARRIS COUNTY

DISTRICT COURT JUDGE
.
VERIFICATION OF SUBMITTED DOCUMENTARY EVIDENCE

Relator's have reviewed this document (Petitioners Motion for Rehearing) and do

hereby swear and affirm that that foregoing is a true , correct and unaltered copy

of Petitioners Motion for Rehearing, and acknowledge the same this 9th day of

June 2015.

Daryl Barnes /s/Daryl Barnes

Demeatrice Goff /s/ Demeatrice Goff

7741 James Franklin

Houston, Tx 77088

Email: dbarnes.humble@gmail.com

Email: dgoff.humble@gmail.com

Phone (832)988-0403
VERIFICATION OF SUBMITTED DOCUMENTARY EVIDENCE

Relator's have reviewed this document (Letter to Judge Gomez requesting that a

ruling be made) and do hereby swear and affirm that the foregoing is a true ,

correct and unaltered copy of the Letter to Judge Gomez requesting that a ruling

be made , as found in the court docket and acknowledge the same this 9th day of

June 2015.

Daryl Barnes /s/Daryl Barnes

Demeatrice Goff /s/ Demeatrice Goff

7741 James Franklin

Houston, Tx 77088

Email: dbarnes.humble@gmail.com

Email: dgoff.humble@gmail.com

Phone (832)988-0403
Daryl Barnes

Demeatrice Goff

January 29th2015

ECF

Hon Michael Gomez

129th Judicial District Court

Harris, County TX, 201 Caroline 10th floor

Re: Daryl Barnes et.al.,

V

Kevin Fulton and National Housing Development Corporation

Civil Action No. 201234954

Dear Judge

We are counsels pro se in the afore mentioned cause of action styled and captioned

above, we filed a motion for rehearing on Sept 17th 2014 , to date that ruling has

not been forthcoming. For the purposes of appeal we respectfully ask that the

honorable judge rule on the petitioners motion for rehearing so that the appellate

brief is not legally deficient and that a complete record can be created for transfer

and filing in the Houston First Court Of Appeals. Respectfully Submitted

Cc all attorneys of record

Daryl Barnes /s/ Daryl Barnes

dbarnes.humble

832-988-0403
VERIFICATION OF SUBMITTED DOCUMENTARY EVIDENCE 4

Relator's have reviewed this document (Fraudulent letter requesting that a ruling

be made) and do hereby swear and affirm that the foregoing is a true , correct and

unaltered copy of the Letter to Judge Gomez requesting that a ruling be made , as

found in the court docket and acknowledge the same this 9th day of June 2015.

Daryl Barnes /s/Daryl Barnes

Demeatrice Goff /s/ Demeatrice Goff

7741 James Franklin

Houston, Tx 77088

Email: dbarnes.humble@gmail.com

Email: dgoff.humble@gmail.com

Phone (832)988-0403
Daryl Barnes

Demeatrice Goff

January 29th2015

ECF

Hon Michael Gomez

129th Judicial District Court

Harris, County TX, 201 Caroline 10th floor

Re: Daryl Barnes et.al.,

V

Kevin Fulton and National Housing Development Corporation

Civil Action No. 201234954

Dear Judge

We are counsels pro se in the afore mentioned cause of action styled and captioned

above, we filed a motion for rehearing on Sept 17th 2014 , to date that ruling has

not been forthcoming. For the purposes of appeal we respectfully ask that the

honorable judge rule on the petitioners motion for rehearing so that the appellate

brief is not legally deficient and that a complete record can be created for transfer

and filing in the Houston First Court Of Appeals. Respectfully Submitted

Cc all attorneys of record

Daryl Barnes /s/ Daryl Barnes

dbarnes.humble

832-988-0403

30

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