FILED IN

1ST COURT OF APPEALS

HOUSTON, TEXAS

CAUSE NO 01-15-00066-CV APR - 9 2015

nw TUTF CHRIST0BHEB A. PRINE

FIRST COURT OF APPEALS

HARRIS COUNTY TEXAS

PATRICK OLAJTOE AKINWAMTOE

APPELLANT

V

TRANSPORTATION INSURANCE COMPANY

CNA INSURANCE COMPANY AND

AUTOMATIC DATA PROCESSING INC.

APPELLEES

FROM THE 80TM DISTRICT COURT

OF HARRIS COUNTY, TEXAS

MOTION FOR AN ORDER TO SUBPOENA MICHELLE TUCKER,

THE OFFICIALCOURT REPORTER, 80th DISTRICT COURT,

HARRIS COUNTY, TEXASFORTHE ACTUAL,CORRECT, AND

TRUE TRANSCRHTS OF SHOW CAUSE HEARING IN

CAUSE NO. 97-48526 ON OCTOBER 24,2014

PATRICK OLAJDDE AKINWAMTOE, PROSE

2151 SOUTH MRKWOOD ROAD, #295

HOUSTON, TEXAS 77077

(832)620-9345
For the reasons stated above, appellantrequests the Honorable First Court of

Appeals to issue anorder ofsubpoena or give the appellant orderto subpoena the

Show Causes' Hearing transcript from Ms. Michelle Tucker.

Respectfully submitted,

Patrick Olajide Akinwamide

2151 S. Kirkwood Road, Apt. #295

Houston, Texas 77077
CERTIFICATE OF SERVICE

I certify that a true andcorrect copy ofthe forgoing instrument was delivered

via certified mail, return receipt requested or handdelivered to all counsels ofrecord

on this the 9th day ofApril 2015.

Michelle Tucker

Official Court Reporter

80th District Court

201 Caroline, Rm 915

Houston, Texas 77002

Hon. Lawrence Weiman

Judge 80th District Court

201 Caroline

Houston, Texas 77002

Harris County District Clerk

Civil/Family Post Trial

201 Caroline, 2nd Floor

Houston, Texas 77002

Mr. Jeffrey L. Diamond

TX Bar No. 058025000

1010 San Jacinto Street

Houston, Texas 77002

Attorney ofRecord for Transportation Insurance Company, CNA Insurance Company

and Automatic DataProcessing Inc.

Patrick Olajide Akihwamide, ProSe

2151 S. Kirkwood Rd., Apt 295

Houston, TX 77077

Tel: (832) 620-9345
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APPELLATE NO. 01 -15-00066-CV

TRIAL COURT NO. 1997-48526

§

PATRICK OLAJIDE §

AKINWAMIDE, §

Plaintiff §

FILED IN

1stCOURT OF APPEALS

HOUSTON, TEXAS

in the ffims&AW'*0F

CHRISTOPHER A. PRINE

Clerk

§

§

VS. § HARRIS COUNTY, TEXAS

§

§

§

TRANSPORTATION INSURANCE §

COMPANY, § -

Defendant § 80TH JUDICIAL DISTRICT

Defendant's Motion for Sanctions/

and Motion to Determine Plaintiff

A Vexatious Litigant

October 24 , 2014

Michelle Tucker

Official Court Reporter

80th District Court

Harris Count.y, Texas

Proceedings reported by: Machine Shorthand 4
1 APPEARANCES

2 For the Plaintiff: Mr. Patrick Olajide Akinwamide

Pro Se

3 2151 South Kirkwood Rd., #295

Houston, Texas 77077

4 832-620-9345

5

6 For the Defendant: Ms. Lynda Kae Burkhalter

SBOT: 24008087

7 J. Diamond and Associates

1010 N. San Jacinto

Houston,TX 77002

713-227-6800

9

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11 | BE IT REMEMBERED that upon this the 24th day of

12 October, 2014, the above-styled and numbered cause came

13 on for Hearing before the Honorable Lawrence Weiman,

14 Judge Presiding of the 80th District Court of Harris

15 County, Texas; and all preliminary matters having been

16 disposed of, the following proceedings were had, viz:

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1 PROCEEDINGS:

October 24, 2014

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3 THE COURT: The Court considering the entire

4 history of this file dating back to 1997, and the -- not

5 only all the pleadings contained therein, the Court of

6 Appeals record in the case, the Court finds that the

7 Defendant's motions are meritorious. The motions are

8 granted.

9 The Court finds that the pleadings filed by

10 the plaintiff, including but not limited to the 81-page

11 filing on August 6, 2014 as part — entitled Plaintiff's

12 Motion to Set Aside the Final Judgment in Cause No.

13 97-48526 is void, dismissed. The plaintiff's claim for

14 compensation for lack of jurisdiction under the TWCA and

15 the trial court to proceed with plaintiff's common law

16 causes of action until its final resolution having been

17 filed after numerous final orders and rulings of this

18 court during the past 17 years, including the Court of

19 Appeals mandate that was issued on the very same subject

20 matter on May 16, 2013, it is a frivolous pleading filed

21 in violation of Texas Rule of Civil Procedure 13.

22 The Court also finds that the pleading is

23 also in violation of Texas Civil Practice and Remedies

24| Code, Section 10.001. The Court finds that the

25 appropriate sanction, including the award of reasonable
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attorney's fees to the defendant is $2,500.

The Court also under Section 10.004 is also

awarding an additional public sanction against you, Mr.

Akinwamide, in the amount of $500. The Court also finds

that under Texas Civil Practice and Remedies Code,

Section 11.051 and the following sections, including but

not limited to Civil Practice and Remedies Code, Section

11.054 finds and does declare you to be a vexatious

litigant. And the Court will sign that order.

Do I have an order ready for it to be --

MS. BURKHALTER: I will have to draft it

based__on what's happened today. I have one from the

last hearing that just asked for him to_„„be declared a

vexatious litigant. But_J>ecjgiiS^^

hearing and you're__setting up for exactly^your_findings,

I didn't draft JLt, because _I__ thought --

THj^ COURT: Okay. You can submit the order.

And the Court does find_that Mr...... Akinwamide

has _not shown good cause .why he should not be determined

to be a vexatious litigant, and. _has_ not shown good cause

as to why he should not be sanctioned; again, under

provisions of Texas Rules of Civil Procedure 13 and

Section 11 and 11.04, and other relevant sections of the

Civil Practice and Remedies Code.

When do you expect to have an order to be

J
1 submitted on that?

2 MS. BURKHALTER: I can have one by Tuesday

3 THE COURT: Make sure you send a copy to

4 Mr. Akinwamide regarding the form of the order. And

5 when you submit the Court will enter the order and we

6 are adjourned.

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THE STATE OF TEXAS

COUNTY OF HARRIS

I, Michelle Tucker, Official Court Reporter in

and for the 80th District Court of Harris County, State

of Texas, do hereby certify that the above and foregoing

contains a true and correct transcription of all

portions of evidence and other proceedings reguested in

writing by counsel for the parties to be included in

this volume of the Reporter's Record in the above-styled

and -numbered cause, all of which occurred in open court

or in chambers and were reported by me.

WITNESS MY OFFICIAL HAND this the 26th day of

March, 2015.

/s/ Michelle Tucker

MICHELLE TUCKER

Official Court Reporter

80th District Court

201 Caroline, Rm. 915

Houston, Texas 77002

713-368-6090

Texas CSR No. 2827

Expiration date: 12-31-16