DOCKET NUMBER 02-17-00423-CV

KELLY THOMAS, SECOND COURT OF

APPEALS

Appellant 

v.

CARL PUGLIESE AND SETH

JOHNS CMO OF CARL’S 

HANDYMAN, AND

CULPEPPER PLUMBING & 

AIRCONDITIOINING INC.

Appellees STATE OF TEXAS

 

 WRIT OF MANDAMUS RE: REPORTERS RECORD 

Dear 2COA 

 On November 16 , 2017 you sent Appellant Kelly Thomas your opions regarding an 

insurance punitive damage case that the punitive damages was heard before the Original 

Petition, and it simply did not make sense , then I found the 2COA did not have all the 

records or all the reporters records, even though I had requested those records to be sent 

many many times. I was told by the Court that you had them all. You did not. I requested a 

rehearing for these cases 02- 16- 00376-CV 02-16-00379-CV. 

On October 18 2017 under Trial Court Cause Number CV-2016-01764 things started 

becoming very clear and not knowing what to do I ran to the 2COA in a pre-filing based on 

rule TRAP 27 nearly a month later as I had to calm down and try to understand why the 

ACCEPTED

02-17-00423-CV

SECOND COURT OF APPEALS

FORT WORTH, TEXAS

12/11/2017 12:23 PM

DEBRA SPISAK

CLERK

 FILED IN 2nd COURT OF APPEALS FORT WORTH, TEXAS 12/11/2017 12:23:14 PM DEBRA SPISAK Clerk
Trial Court was doing what they were doing, it made no sense and was even against the 

Texas Civil Procedure Rules. 

November 17, 2017 I was struck in the head by ceiling attic vents and a light, which took 

me nearly two weeks to regain functional capacities, and I a direct result of the first 

insurance case in the TRIAL COUNTY COURT I had filed August 18 2016 which is 

reference on the Appeal Docket Numbers 02- 16- 00376-CV 02-16-00379-CV . 

 I have begged pleaded written tried very hard to politely ask the Court Reporter for all the 

Records and All the Reporters Records to be sent to the 2COA only to find the same 

obstruction after the on the first Appeal (which should have never had to be appealed in the

first place because the Trial Court should have NEVER heard Punitive Damages before 

hearing the Original Petition) 

 CV-2016-01764 Appeal Docket Number 02-17-00423-CV 

On Friday December 8 2017 another long bought with the Court Reporter who tried to place

the Deputy Clerk in the middle of their resistance. I became a bit aggravated , did not know 

what to do and called the 2COA, after several attempts to have all the records sent to you. 

December 11, 2017 I wrote again requested a dollar amount for this as shown below: 

10:21 AM

To: Pam Smith

Regarding to Reporters record for CV-2016-01764 :

Dear Pam,

I AM UNDER INABILITY TO AFFORD . I AM WANTING ALL REPORTERS 

RECORDS SENT TO THE 2COA FOR THIS CAUSE NUMBER, ALL REPORTERS 

 RECORDS

WHAT DO I NEED TO PAY YOU TO HAVE YOU SEND ALL THE 

REPORTS RECORDS. IF ANYTHING ? 

Please let me know the amount so if I need to bring you money promptly I 

will make those arrangements. Please let me know how much I need to pay 

you if anything. 
Thank you 

Kelly Thomas 

 The 2COA CANNOT POSSIBLY BE EXPECTED TO REVIEW THE CASE 

ACCURATELY WITHOUT THE CORRECT TOOLS OR THE COOPERATION OF THE 

TRIAL COURT. 

Kelly Thomas <kelly_ann_thomas@yahoo.com>

To:Pam Smith

Nov 15 at 6:48 PM

Ms Smith

 Yes this is a correct list 

Thank you

Kelly Thomas 

On Wednesday, November 15, 2017, 5:26:08 PM CST, Pam Smith 

<Pam.Smith@dentoncounty.com> wrote: 

Miss Thomas,

You are required per the rules to send me a letter designation. Please make clear to me the 

dates of all hearings that you want included in this appeal. It is your responsibility to let me 

know exactly which hearings you want included. 

Thank you.

Sent from my iPhone

On Nov 15, 2017, at 4:06 PM, Pam Smith <Pam.Smith@dentoncounty.com> wrote:

Ms. Thomas,

I’m in receipt of your request for the reporter’s record from multiple hearings

in your cases. I will list the dates below, and I need you to please confirm 

this is all you are requesting.

June 9, 2016
July 18, 2016

August 15, 2016

November 1, 2016

 December 12, 2016

December 21, 2016

July 27, 2017

October 18, 2017

I will need to prepare these at my own time and expense, so please be sure these 

are the only hearings you need.

Thank you.

Respectfully,

Pamela Smith, CSR

Official Court Reporter

County Court at Law No. 2

1450 East McKinney Street

Suite 4310

 CONCLUSION : 

 The courts do not treat a litigant fairly when they insist that the litigant — 

unaided and unable to obtain the services of a lawyer — negotiate a thicket of legal 

formalities at peril of losing his or her right to be heard. Such a practice manifestly 

excludes the poor and the unpopular, who may be unable to obtain counsel, from 

access to justice. When a Trial Court wont cooperate it denies the Appellant access 

to Justice. 
 PRAYER 

Please forgive the Appellant, to bother the 2COA with this : however if the 2COA 

finds to write a WRIT OF MANDAMUS to acquire all the Reporters Records 

PLEASE DO SO. THE 2COA is a a disadvantage and cannot administer Justice 

without the tools to do so. Please demand the Trial Courts total cooperation in this 

matter. 

 Respectfully yours, 

 Kelly Thomas 

 /s/ Kelly Thomas

 100 N Hill St 

 Pilot Point Texas 

76258 P: 817-584-7191

 E: kelly_ann_thomas@yahoo.com

 

 
 CERTIFICATE OF SERVICE 

 

 Pursuant of Texas Rules of Civil Procedure 21(a) I declare a true and correct copy of this 

document was sent to all parties and County Court Clerks via electronic service/ efiled on

December 11, 2017 

 

 /s/ Kelly Thomas

Kelly Thomas

100 N Hill St 

Pilot Point Texas 76258

 P: 817-584-7191

 E: kelly_ann_thomas@yahoo.com

 

 

CERTIFICATE OF CONFERENCE

I certify I have conferred with Counsel for the Appellees on December 11 2017 regarding my 

request for the Records and Mandamus via electronic communication and left a voice mail with Mr 

Sawko and email with Dan Parat as well. 

/s/ Kelly Thomas

100 N Hill St

Pilot Point Texas 76258 P:

817-584-7191

 E: kelly_ann_thomas@yahoo.com