Court of Appeals

First District

301 Fannin Street

Houston, Texas 77002-2066

SHERRY RADACK

 CHIEF JUSTICE

TERRY JENNINGS

EVELYN KEYES

LAURA CARTER HIGLEY

JANE BLAND

MICHAEL MASSENGALE

HARVEY BROWN

REBECA HUDDLE

RUSSELL LLOYD

 JUSTICES

 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

November 23, 2015

Benedict Emesowum

P. O. Box 2653

Merrifield, VA 22116

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

was received and docketed as Cause Number 01-15-00974-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 

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 
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(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 November 17, 2015. Because the notice of appeal 

indicates that a post-judgment 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 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 

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 
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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 

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.
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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 County Civil Court No. 4

Hon. Olen Underwood (DELIVERED VIA E-MAIL)

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

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