## Court of Appeals

First District

301 Fannin Street Houston, Texas 77002

- 2066 S HERRY R ADACK C HIEF J USTICE

T ERRY J ENNINGS
E VELYN K EYES
L AURA C ARTER H IGLEY
J ANE B LAND
M ICHAEL M ASSENGALE
H ARVEY B ROWN
R EBECA H UDDLE
R USSELL L LOYD
J USTICES C HRISTOPHER A. P RINE C LERK OF THE C OURT

J ANET W ILLIAMS C HIEF S TAFF A TTORNEY

P HONE : 713

- 274

- 2700

F AX : 713

- 755

- 8131

www.txcourts.gov/1stcoa.aspx

November 23, 2015

Benedict Emesowum

P. O. Box 2653 Merrifield, VA 22116 E lizabeth Anne Massey One East Greenway Plaza Ste 1005
Houston, TX 77046

* DELIVERED VIA E

- MAIL *

RE: Court of Appeals Number: 01

- 15

- 00974

- CV

Trial Court Case Number: 1065078

Style: Benedict Emesowum v. Luiz Martinez, Colonial County Mutual Ins.

GENERAL INFORMATION

On November 20 , 2015 , a letter of assignment from the Co Civil Ct at Law No 4 trial

court clerk and a copy of the notice of appeal filed by Benedict Emesowum in the trial court

was received and docketed as Cause Number 01

- 15

- 0 0974

- 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 p ending 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 T EX

. R. A PP

. P . 9.5(d), (e).

Effective January 1 , 201 4

, 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 T EX . R. A PP . P. 9. 4 and must be completed through EfileTexas.gov, http://www.efiletexas.gov . Electronically filed briefs must comply with T EX . R. A PP . 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

app ellant must pay the req uired $205 filing fee to prosecute the appeal. See T EX

. R. A PP

. P . 52

(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 (2 0) 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

A ppeals.”

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 Ru le 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 November 17, 2015. Because the notice of appeal indicates that a post

-

judgm ent motion was not 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 January 19, 2016

.

The appellant and/or app ellee 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 final judgment or appealable order or (b) whether a post

- judgment motion or request for findin gs 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

informati on 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 extend3

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 R ules 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 t estimony 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 f

or inclusion in the initial clerk’s record or reporter’s record. See T EX

. R. A PP

. 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

document s fil ed 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 establish ed 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 mul tiple 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 T EX

. R. A PP

. 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 com pleted 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

followi ng 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

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 state ment 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

altern ative dispute resolution/mediation processes, even in cases where such success initially appeared unlikely.4 INFORMATION ABOUT BRIEFS

Effective January 1, 2014, all attorneys in civil cases and criminal cases must electronically file all documents (excep t 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 T EX . R. A PP . P. 9.4 and must be completed through EfileTexas.gov, http://www.efiletexas.gov . Electronically filed briefs must comply with T EX . R. A PP . P. 9.4 a nd with the Texas Supreme Court's Redaction Guidelines

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

.

INFORMATION ABOUT ATTORNEYS APPEARING BEFORE THE COU RT

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 par ty. 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.t x.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 T EX

. R. A PP

. 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 O F 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.5

Should you have questions at any time throughout the appellate process of your case, please do not hesitat e to call the Clerk's office at 713

- 274

- 2700.

Sincere ly,

Christopher A. Prine, Clerk of the Court

cc: Court Reporter County Civil Court No. 4 Hon. Olen Underwood (DELIVERED VIA E

- MAIL) Judge County CV Court @ Law #4 (D ELIVERED VIA E

- MAIL) Harris County Clerk's Office

- Civil (DELIVERED VIA E

- MAIL)