SHERRY RADACK

 CHIEF JUSTICE

TERRY JENNINGS

EVELYN KEYES

LAURA CARTER HIGLEY

JANE BLAND

MICHAEL MASSENGALE

HARVEY BROWN

REBECA HUDDLE

RUSSELL LLOYD

 JUSTICES

Court of Appeals

First District

301 Fannin Street

Houston, Texas 77002-2066

 CHRISTOPHER A. PRINE

 CLERK OF THE COURT

JANET WILLIAMS

 CHIEF STAFF ATTORNEY

PHONE: 713-274-2700

FAX: 713-755-8131

 www.txcourts.gov/1stcoa.aspx

AMENDED NOTICE

September 30, 2015

Chance Decker

Gray Reed & McGraw

1300 Post Oak Blvd Ste 2000

Houston, TX 77056-8000

* DELIVERED VIA E-MAIL *

Jonathan Michael Hyman

Gray Reed & McGraw

1300 Post Oak Blvd Ste 2000

Houston, TX 77056-8000

* DELIVERED VIA E-MAIL *

Joseph Y. Ahmad

Ahmad, Zavitsanos, Anaipakos, Alavi &

Mensing

1221 McKinney Street

Houston, TX 77010-2009

* DELIVERED VIA E-MAIL *

Andrew Lawrence Mintz

Andrew L. Mintz, PLLC

Houston, TX 77057

* DELIVERED VIA E-MAIL *

RE: Court of Appeals Number: 01-15-00821-CV 

Trial Court Case Number: 2013-41124

Style: Choice! Power, L.P. v. Michael Feeley

GENERAL INFORMATION

On September 25, 2015, a letter of assignment from the 55th District Court trial-court

clerk and a copy of the notice of appeal filed by Choice! Power, L.P. in the trial court was

received and docketed as Cause Number 01-15-00821-CV. This Notice contains information

about some of the rules and procedures that govern prosecution of an appeal pending before the

First Court of Appeals.

Texas Rule of Appellate Procedure 9.6 requires parties and counsel to communicate

about a pending appeal only through the Clerk’s office and they may not communicate with

either the justices or their staff about a case. It is also improper to send a document to the Court

about an appeal unless a copy of it is served on all other parties to the appeal at the same time. 

See TEX. R. APP. P. 9.5(d), (e). 

Effective January 1, 2014, all attorneys in civil cases and criminal cases must

electronically file all documents (except a document submitted under seal or subject to a motion

to seal) through the EfileTexas.gov electronic filing system. A party representing themselves pro

se (without an attorney) in a civil case, is encouraged to e-file documents, but is not required to

do so. Electronically filed documents must conform to TEX. R. APP. P. 9.4 and must be

completed through EfileTexas.gov, http://www.efiletexas.gov. Electronically filed briefs must

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comply with TEX. R. APP. P. 9.4 and with the Texas Supreme Court's Redaction Guidelines

found at http://www.supreme.courts.state.tx.us/ebriefs/RedactionGuidelines.pdf.

INFORMATION ABOUT THE FILING FEE

Unless an appellant is exempt from paying filing fees or has been declared indigent, the

appellant must pay the required $205 filing fee to prosecute the appeal. See TEX. R. APP. P. 5

(requiring payment of fees in civil cases unless excused) and 20.1 (listing requirements for

establishing indigence). 

This letter is NOTICE to the appellant that the required filing fee must be paid within

twenty (20) days of the date of this notice. A party who files electronically may pay by credit

card through the Tex.gov process. Or, a party may pay with cash in person at the Clerk's office,

301 Fannin, Houston, Texas 77002. A filer may also pay by (1) a money order, cashier’s check,

or certified check issued by a U.S. financial institution or (2) a money order issued by the United

States Postal Service. A money order or a check must be made payable to “Clerk, First Court of

Appeals.” 

There is only one $205 filing fee for each appellate case, regardless of how many

appellants there may be, or if multiple notices of appeal are filed. Multiple appellants who are

not indigent or exempt must determine amongst themselves how the filing fee will be paid.

INFORMATION ABOUT THE APPELLATE RECORD

This letter is NOTICE to the appellant that the Court may dismiss an appeal for want of

prosecution, if the clerk’s record is not filed and it is appellant’s fault. See TEX. R. APP. P.

37.3(b); 42.3. This letter is also NOTICE to the appellant that if it is appellant’s fault that the

reporter’s record is not filed, the Court may decide the appeal on those issues or points that do

not require a reporter’s record for a decision. See TEX. R. APP. P. 37.3(c). Any motion related

to informalities in the manner of bringing this appeal must be filed within thirty (30) days after

the appellate record is filed. TEX. R. APP. P. 10.5(a).

Unless an appellant has established indigence under Texas Rule of Appellate Procedure

20.1, the trial-court clerk and court reporter are not required to file the clerk’s and reporter’s

records until appellant has paid the required fees to prepare and certify the records, or has made

satisfactory arrangements to pay the fees. See TEX. R. APP. P. 35.3(a)(2), (b)(3).

From information currently available, it appears that the trial court signed the final

judgment or other appealable order on July 1, 2015. Because the notice of appeal indicates

that a post-judgment motion was filed, unless the Court receives information to the contrary,

the trial court clerk is due to file the clerk’s record and the court reporter is due to file the

reporter’s record on or before October 29, 2015. 

The appellant and/or appellee should inform the Court as soon as possible if (1) this

appeal is accelerated or (2) if there is disagreement about (a) the date the trial court signed the

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final judgment or appealable order or (b) whether a post-judgment motion or request for findings

of fact and conclusions of law was timely filed in the trial court.

It is mandatory that both the clerk’s record and the reporter’s record be filed

electronically. Both the trial-court clerk and the court reporter are asked to complete the

information sheet on the “Forms” page of the Court’s website,

http://www.txcourts.gov/1stcoa/practice-before-the-court/forms.aspx, and file it with the Court

within ten (10) days of the date of this Notice. The parties do not need to file a motion to extend

time to file either the clerk’s record or the reporter’s record. See Texas Rules of Appellate

Procedure 34.5(b)(1), (c)(2), 35.3(c), and 35.6(b)(1) and Appendix C of the Texas Rules of

Appellate Procedure for electronic filing related to preparation of the appellate record. 

Parties are encouraged to work together and with the trial court clerk and court reporter to

properly designate all necessary items and portions of the testimony to be included in the initial

records. The Court generally will not grant a motion to extend time to file a brief because a party

requests to supplement the record with an item or portion of the testimony that the party did not

timely designate for inclusion in the initial clerk’s record or reporter’s record. See TEX. R. APP.

P. 10.5(b), 34.5(c)(1), 34.6(d), 38.6(d). 

INFORMATION ABOUT FILING DOCUMENTS

Texas Rule of Appellate Procedure 9.3 controls the number of paper copies and

documents filed in paper form. All documents must include a certificate of service. See Tex. R.

App. P. 9.5(d), (e). All civil motions must include a certificate of conference, TEX. R. APP. P.

10.1(a)(5), and require a $10 filing fee, unless the movant has established indigence or is exempt

from the advance payment of filing fees, e.g., the State or a political subdivision of the State. 

See TEX. R. APP. P. 5; FEES CIV. CASES B (3); Op. Tex Att’y Gen. No. DM-459 (1997). The

Court treats a civil motion requesting multiple types of relief as separate motions and requires a

separate $10 filing fee for each motion. 

INFORMATION ABOUT THE DOCKETING STATEMENT

An appellant is required to file a docketing statement. See TEX. R. APP. P. 42.3. Until the

clerk’s record is filed, the docketing statement is the primary source of accurate information

about a newly-filed appeal. The information is used to establish appellate deadlines and to send

notices to the correct parties at the correct addresses. The “Forms” section of the Court’s

website includes a docketing statement or the appellant may call the Clerk’s office and ask that

one be mailed. In this case, the Docketing Statement should be filed within twenty (20) days of

the date of this notice.

Section X must be completed if an appellant believes that his/her civil appellate matter

may qualify for the Pro Bono Program sponsored and administered solely by the State Bar of

Texas (SBOT) and the Houston Bar Association’s Appellate Practice Section (HBA). See the

following websites for information: (1) State Bar of Texas Pro Bono Program, First Court of

Appeals, http://www.tex-app.org/DrawOnePage.aspx?PageID=82; (2) the Houston Bar

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Association’s website,http://www.hba.org/services/;and (3) http://www.txcourts.gov/1stCOA,

Practice Before the Court, Forms, Civil Docketing Statement.

Section XI of the docketing statement is an optional section that requests information

related to potential participation in an alternate dispute resolution process or mediation. The

Court strongly encourages the parties to provide this information due to the successful history of

alternative dispute resolution/mediation processes, even in cases where such success initially

appeared unlikely.

INFORMATION ABOUT BRIEFS

Effective January 1, 2014, all attorneys in civil cases and criminal cases must

electronically file all documents (except a document submitted under seal or subject to a motion

to seal) through the EfileTexas.gov electronic filing system. A party representing themselves pro

se (without an attorney) in a civil case, is encouraged to e-file documents, but is not required to

do so. Electronically filed documents must conform to TEX. R. APP. P. 9.4 and must be

completed through EfileTexas.gov, http://www.efiletexas.gov. Electronically filed briefs must

comply with TEX. R. APP. P. 9.4 and with the Texas Supreme Court's Redaction Guidelines

found at http://www.txcourts.gov/media/124902/redactionguidelines.pdf.

INFORMATION ABOUT ATTORNEYS APPEARING BEFORE THE COURT

Texas Rule of Appellate Procedure 6 governs matters related to an attorney’s

representation of a party before the Court. Attorneys must promptly notify the Clerk’s office of

any change of address or change in designation of the lead counsel for a party. A nonresident

attorney who is not a member of the State Bar of Texas must satisfy the requirements for

participation in a Texas legal matter found on the Board of Law Examiners’ website

http://www.ble.state.tx.us.

INFORMATION ABOUT NOTICES TO PARTIES

Notice must be sent to all parties of any judgment, mandate, or order issued. See Tex. R.

App. P. 12.6. If a party is represented by an attorney, notice will be sent to the party’s lead

counsel. See TEX. R. APP. P. 9.5(b). Information available to the public about a case may be

found on the “Case Information” page of the Court’s website. Parties may sign up for e-mail

notices about activity in their case on the “CaseMail” page of the website.

STANDARDS OF APPELLATE CONDUCT

The Court follows the Standards of Appellate Conduct adopted by the Supreme Court of

Texas and the Court of Criminal Appeals. All attorneys and parties—including pro se litigants—

are expected to fully comply with these standards, as well as all applicable provisions of the

Texas Rules of Appellate Procedure, the Texas Disciplinary Rules of Professional Conduct, and

the Code of Judicial Conduct. See the “Court Rules” page, “Other Rules Governing Attorneys”

of the Texas Supreme Court’s website, http://www.txcourts.gov/supreme.aspx, or call and ask

that a copy be mailed to you.

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Should you have questions at any time throughout the appellate process of your case,

please do not hesitate to call the Clerk's office at 713-274-2700.

Sincerely,

Christopher A. Prine, Clerk of the Court

cc: Court Reporter 55th District Court (DELIVERED VIA E-MAIL)

Judge 55th District Court (DELIVERED VIA E-MAIL)

The Honorable Harris County District Clerk's Office - Civil (DELIVERED VIA E-MAIL)

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