## Linebarger Goggan Blair & Sampson, LLP 4828 Loop Central Drive, Suite 600 Houston, Texas 77081 Direct: 713-844-3405 Main: 713-844-3400 Nick.Nicholas@lgbs.com Via E-FileDecember 17, 2015

Mr. Joshua Alegria, Deputy Clerk County Clerk’s Office P.O. Box 1525 Houston, Texas 77251-1525 The Honorable Christopher A. Prine, Clerk First Court of Appeals 301 Fannin Houston, Texas 77002-2066 Re: Trial Court Docket Number: 1063034 Court of Appeals CaseNumber: 01-15-01064-CV Case Name: Glenn H. Johnson v. Harris County, Et Al. Dear Clerks: I am writing because there is a discrepancy between the County Clerk’s December 15, 2015 Letter of Assignment 1 

### , and the Court of Appeal’s Dece mber 16, 2015 Information letter. Although the Letter of A ssignment refers to Mr. Johnson’s December 15, 2015 Notice of Appeal (p. 1), the Notice of Appeal that is attached is Mr. Johnson’s December 12, 2015 Notice of Appeal (pp. 2-4). This is significant because Mr. Johnson’s December 12, 2015 Notice of Appeal relates to the Trial Court’s November 25, 2015 Order Granti ng Harris County Appraisal District’s Plea to the Jurisdiction or Motion for Summary Judgment (Id .), but Mr. Johnson’s December 15, 2015 Notice of Appeal relates to the Trial Court’ s December 9, 2015 Order Granting the Harris County Defendants’ 2

### Plea to the Jurisdiction and First Amended Motion for Summary Judgment (p. 7). Accordingly, the Harris County De fendants request clarification as to which Order (if not both) is the subject of Case Number 01-15-01064-CV.

1 The Court of Appeal’s file-stamped copy is attached hereto as Attachment A. 2The Harris County Appraisal District is a sepa rate defendant from the Harris County Defendants. ACCEPTED 01-15-01064-CV FIRST COURT OF APPEALS

HOUSTON, TEXAS 12/17/2015 7:52:13 AM CHRISTOPHER PRINE

CLERK

### December 17, 2015 Page Two

Additionally, please notethat Mr. Johnson has three (3) related appeals currently pending before the First Court of Appeals: No. 01-14-00383-CV, No. 01-15- 00950-CV and No. 01-15- 01003-CV. Thank you for your assistance in this matter. Please contact me if you have any questions.

Sincerely,

Nick Nicholas
cc: Glenn H. Johnson (prairie_view_grad@yahoo.com) Ramon G. Viada (rayviada@viadastrayer.com)

## Attachment 1on 12/15/2015 3:05:44 PM
OFFICE OF STAN STANART COUNTY CLERK, HARRIS COUNTY, TEXAS

CIVIL COURTS DEPARTMENT
December 15, 2015
Court of Appeals 301 Fannin Houston, Texas 77002 

## LETTER OF

Trial Court Docket Number: 1063034 Trial Court Number: Two (2) Style: GLENN HERBERT JOHNSON VS. HARRIS COUNTY, ET AL. APPELLANT(S) APPELLEE(S)

THERESA W. CHANG I Attorney: Appellee(s) Attorney: Glen Herbert Pro Se Edward J. Nicholas, No. 14991350 8926 Daffodil Street 4828 Loop Central Drive, Suite 600 Houston, Texas 77063 Houston, Texas 77081 Phone: N/A Phone: (713) 844-3400 Fax: N/A Fax: (713) 844-3504 E-Mail: N/A E-Mail: Nick.Nicholas@lgbs.com

Glenn Herbert Johnson, appellant, filed a Notice of Appeal on December 14, 2015 from the Final Judgment that was

on December 9, 2015.
The Clerk’s Record is due to your office on or before 8, 2015.

/S/Joshua Alegria Joshua Alegria Deputy Clerk P.O. Box 1525 Houston, TX 77251-1525 (713) 755-64211>.o.

1525 I TX 77251-1525 I (713) 755-6421
1 of 1



# 1

### "12/14/2015 

## CAUSE NO. 1063034 GLENN HERBERT

JOHNSON § IN THECOUNTY CIVIL COURT § 

# §

HARRIS COUNTY, CITY OF HOUSTON, § AT LAW, NUMBER TWO HOUSTON INDEPENDENT SCHOOL DISTRICT § HOUSTON COMMUNITY COLLEGE SYSTEM, § OF HOUSTON AUTHORITY, § HARRIS COUNTY FLOOD CONTROL DISTRICT § 

## HARRIS COUNTY HOSPITAL

DISTRICT, § HARRIS COUNTY, TEXAS HARRIS COUNTY DEPARTMENT OF EDUCATION, § HARRIS COUNTY APPRAISAL DISTRICT § DefendantsGLENN 

# HERBERT

JOHNSON’S NOTICE OF APPEAL TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, GLENN HERBERT JOHNSON, the in the above entitled and numbered cause and GIVES NOTICE that Plaintiff appeals from the Harris County Civil Court at Law Number Two’s Order, titled, "ORDER GRANTING DEFENDANT HARRIS COUNTY APPRAISAL DISTRICT’s PLEA TO THE JURISDICTION ALTERNATIVELY, MOTION FOR SUMMARY JUDGMENT and SUPPLEMENTAL PLEA TO THE JURISDICTION or, ALTERNATIVELY, MOTION FOR SUMMARY JUDGMENT", signed on November 25, by The Honorable Theresa W. Chang.

• This is an Appeal under the Texas Rules of Appellate Procedure 25.1.



### • This NOTICE OF APPEAL is within the day grace period for appeals which implies that Plaintiff intended to request an extension. See: Tex. R. App. P. 26.3; Verburgt v. Dorner, 959 S. W 2d 615, 617 (Tex. 1997)

Cause No. Notice ofAppeal Page 1



# 2• Glenn Johnson's UNSWORN DECLARATION OF INDIGENCY, with the County Clerk, on May 29, 2015, under Cause N0. 1063034, 

### Plaintiff to proceed as a Pauper.

Respectfully submitted,

Glenn Herbert Se 

### 8926Daffodil Houston, Texas77063

Cause No. 1063034: Notice ofAppeal Page 2



# 3CERTIFICATE OF SERVICE



### I certify that on December l2, 2015, a copy of the instrumentwas 

## served onthe persons listed below:

Ramon G. Viada III State BarNo. 20559350 

### Mail) 

## 17 Swallow Trial Court, Suite 100 The Woodlands,

Texas77381
James Nicholas Bar No. 149913550 Anthony W. Nims State Bar No. 15031500 Linebarger Goggan Blair & Sampson, LLP 4828 Loop Central Drive, Suite 600 Houston, Texas 77081 Mail) Electronic Mail)



### by:

Glenn Herbert Johnson, Plaintiff, Se 8926 Daffodil Street

—

Houston, Texas 77063 Houston, Texas 77063

Cause No. 1063034: Notice ofAppeal Page 3



# 4

# 063034

IN rmUnswom 2. 

### in • 

## 3.

_

5.



# .

5

## Texas Civil Practices and Remedies Code. Sec. 132.001

TEXAS CIVIL PRACTICE AND REMEDIES CODE 

## TITLE 6. MISCELLANEOUS

PROVISIONS 132. UNSWORN DECLARATIONS 

# 132.001. DECLARATION. (a) Except as provided by Subsection (b), an unswom declaration may in lieu of a written swom declaration, oath, or required by statute or required by a rule, order, or requirement adopted as provided by law. (b) This section does not apply to a lien reguired to with clerk, an instrument 

### concerning real or personal reguired to be a clerk, or an oath 

## or anoath reguired to be taken before a a public. (c) An unswom

declaration made under this (1) in writing; and (2) subscribed by the person making true under penalty of perjury. Added by Acts 1987, 70th Leg., Sec. Sept. 1, 1987. Amended by: 

### Acts 2009, 81st Leg., R.S., 87 Sec. 25.011, September 1, 2009. Acts 2011, 82nd Leg., 3674), Sec. 1, eff`. September 1, 2011. Acts 2013, 83rd Leg., Ch. Sec. 1, eff. September 1, 2013. 

### Acts 2013, 83rd Ch. 1728), Sec. 1, eff`. June 14, 2013.



# 612/7 2015 8:42;51 AM County 

# CAUSE NO. 1063034 GLENN HERBERT

JOHNSON IN THE COUNTY CIVIL COURT

v. AT LAW, NUMBER 2 HARRIS COUNTY, ET. AL., 

## HARRIS COUNTY, TEXAS ORDER ON THE HARRIS COUNTY DEFENDANTS’ PLEA TO THE JURISDICTION, 

### AND FIRSTAMENDED

MOTION FOR SUMMARY

JUDGMENT On this day the County Defendants’ attomey but pro se did not The County Defendants’ Plea to the Jurisdiction and First Amended Motion for Summary Judgment is GRANTED as to s claims of negligence, gross negligence, conspiracy, common law fraud, trespass to real property, trespass to personal and nuisance. The only claim is inverse condemnation.



## DEC 2015 SIGNED ON THIS the day of December 2015. 

## |UDGE

·'

Order -Page l of 1



# 7