APPELLEE’S MOTION TO DISMISS PAGE 1 

NO. 03-15-00451-CV 

ANGELA BROOKS-BROWN § IN THE THIRD 

 § 

V. § COURT OF APPEALS 

 § 

USAA TEXAS LLOYD’S COMPANY § AUSTIN, TEXAS 

APPELLEE’S MOTION TO DISMISS 

TO THE HONORABLE COURT OF APPEALS: 

 Appellee, USAA Texas Lloyd’s (“USAA Texas Lloyd’s”) Company moves 

for dismissal of this interlocutory appeal and would show the following: 

I. 

 INTRODUCTION 

 This is an appeal from (1) an order appointing an umpire for an appraisal 

proceeding under a homeowners policy and, (2) an order of temporary injunction 

prohibiting the Appellant from pursuing appointment of an umpire in another 

district, and (3) denial of a plea in abatement. (CR 941, CR 946)1

In its amended 

notice of appeal, Appellant Brooks-Brown states that she seeks an accelerated 

appeal. (CR 946)2

 The appeal should be dismissed for want of jurisdiction because: 

 

1 The Statement of Issues to be Presented on Appeal does not reference the denial of the plea in 

abatement, but it is included the notice of appeal (CR 946). 

2 A Joint Report has been filed since the Clerk’s Record was requested. USAA Texas Lloyd’s 

has requested supplementation of the Clerk’s Record but, in the interim, has attached an affidavit 

of Lisa Songy, with a copy of the Joint Report. 

1

ACCEPTED

03-15-00451-CV

6883235

THIRD COURT OF APPEALS

AUSTIN, TEXAS

9/11/2015 11:09:27 AM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 9/11/2015 11:09:27 AM JEFFREY D. KYLE Clerk
APPELLEE’S MOTION TO DISMISS PAGE 2 

1. There is no legal or statutory basis for an interlocutory appeal of the 

appointment of an umpire or denial of an abatement. 

2. The appraisal has been completed and USAA Texas Lloyd’s has 

tendered payment in the amount of the award. The temporary 

injunction expired by its own terms when the appraisal was 

completed. Therefore, the appeal is moot. 

II. 

RELEVANT FACTS AND 

PROCEDURAL HISTORY 

 Appellant, Angela Brooks-Brown sustained a loss to her home in Killeen, 

Bell County, Texas, from fire damage occurring on or about April 4, 2014. (CR 

271, 272). She also sustained damage from a hail storm occurring on or about May 

12, 2014. (CR 271, 272). USAA Texas Lloyd’s was her homeowners’ insurer. 

USAA Texas Lloyd’s adjusted the loss and made payment in the amount it deemed 

due. (CR 271, 273-74) 

Brooks-Brown retained the Scott Law Offices and, by letter of September 5, 

2014, contended that the payment for the hail loss was insufficient. (CR 7, 20). 

Brooks-Brown then filed suit in Bell County on September 11, 2014, asserting 

contractual and extracontractual claims. (CR 7). By amendment, she added 

similar claims related to her fire claim. (CR 107). By letters of March 5, 2015 and 

2
APPELLEE’S MOTION TO DISMISS PAGE 3 

April 20, 2015 Brooks Brown demanded appraisal of both claims and appointed 

Darrell Quinney as her appraiser. (CR 420, 434). 

The policy requires that, after one party demands appraisal and chooses a 

competent and impartial appraiser, the other party has 20 days to appoint its own 

competent and impartial appraiser. (CR 420, 430). If the appraisers cannot agree 

on an umpire within 15 days, the choice is to be made “by a judge of a court of 

record in the state where the ‘residence premises’ is located.” (CR 420, 430). 

 USAA Texas Lloyd’s appointed Mark West as its appraiser. (CR 420, 436). 

The two appraisers did not agree as to the scope or amount of loss and could not 

agree to an umpire. (CR 420, 421). 

Brooks-Brown amended her petition several times. The Third Amended 

Original Petition was filed May 19, 2015. (CR 271). In each petition BrooksBrown asserts that the insured property is located in Killeen, Texas, that she is a 

resident of Bell County, and that venue is mandatory and proper in Bell County 

because all of a substantial part of the events giving rise to the lawsuit occurred in 

Bell County. (CR 7, CR 107, CR 206, CR 271). 

 On June 8, 2015, Brooks-Brown attempted to non-suit the Bell County suit3

(CR 418) and filed an action in County Court in Jefferson County seeking 

 

3

 Brooks-Brown contends the non-suit was filed June 6, 2015 but was not file-stamped until June 

8, 2015. (CR 758-59). 

3
APPELLEE’S MOTION TO DISMISS PAGE 4 

appointment of an umpire for the appraisal of Brooks-Brown’s claim.4 (CR 569, 

640). The action was not served on USAA Texas Lloyd’s, although a courtesy 

copy was provided to USAA Texas Lloyd’s counsel on June 10, 2015. (CR 758, 

848). 

 On June 9, 2015 USAA Texas Lloyd’s filed a motion to have an umpire 

appointed in the Bell County suit. (CR 420) Brooks-Brown filed a plea in 

abatement, on July 9, 2015 asserting the Jefferson County Court had “dominant 

jurisdiction.” (CR 687). 

 The District Court held a hearing, after notice to all parties, and, by Order of 

July 10, 2015, appointed Ron Bickel (a Bell County roofer) as the umpire. (CR 

686). The District Court also entered a temporary injunction on July 17, 2015, 

enjoining Brooks-Brown from seeking appointment of an umpire in Beaumont in 

the unserved action. (CR 928). The court’s order required that the appraisal be 

completed within 30 days and stated that “this Anti-Suit injunction will expire after 

the insurance appraisal proceeding at issue has been completed” and the court has 

received a joint report. (CR 928, 931). 

 By order of July 27, 2015, the court denied Plaintiff’s Plea in Abatement. 

(CR 948). On August 25, 2015, USAA Texas Lloyd’s received the umpire’s 

 

4

 Cause No. 0127771, styled Angela Brooks-Brown v. USAA Texas Lloyd’s Company, in County 

Court at Law No. 1, Jefferson County, Texas. Brooks-Brown contends the suit was filed June 6, 

2105 but not file-stamped until June 8, 2015. (CR 855-56). 

4
APPELLEE’S MOTION TO DISMISS PAGE 5 

awards. (Affidavit of Lisa Songy, Ex. 1-A) USAA Texas Lloyd’s tendered 

payment on August 27, 2015. (Songy Affidavit Ex. 1-A) The parties filed a joint 

report, including a copy of the award and tender of payment by USAA Texas 

Lloyd’s, on September 9, 2015. (Songy Affidavit, Ex. 1-A) 

IV. 

ARGUMENT AND AUTHORITIES 

A. No Jurisdiction As to Appointment of Umpire 

 Brooks-Brown seeks an accelerated appeal. She asserts no jurisdictional 

basis in the notice of appeal, and no basis for an accelerated appeal. (CR 932, 

946). Generally, appeals may be taken only from a final judgment or order. Qwest 

Communications Corp. v. AT&T Corp., 24 S.W.3d 334, 336 (Tex. 2000); 

Schlumberger Ltd. v. Rutherford, 2015 Tex. App. LEXIS 8886, *8 (Tex. App. — 

Houston, Aug. 22, 2015, no pet.); See also Tex. Civ. Prac. & Rem. Code § 51.014. 

Statutes allowing interlocutory appeal are a narrow exception to the general rule 

and are strictly construed. CMH Homes v. Perez, 340 S.W.3d 444, 447 (Tex. 

2011). An appellate court has no jurisdiction over an interlocutory appeal unless 

expressly authorized by statute. Id. at 336. 

 Rule 28.1 Tex. R.App. P., allows for accelerated appeals from interlocutory 

orders (when allowed by statute), quo warranto proceedings, and appeals required 

by statute to be accelerated or required by law to be filed within less than 30 days 

of the order or judgment being appealed. The only category in which Brooks5
APPELLEE’S MOTION TO DISMISS PAGE 6 

Brown could assert a right to accelerated appeal is an appeal from an interlocutory 

order. 

 There is, no jurisdictional basis for appeal of appointment of an umpire.5

 A 

party may pursue an interlocutory appeal from a temporary injunction. Tex. Civ. 

Prac. & Rem. Code Sec. 51.014(4). The court of appeals, however, may only 

review the portion of the order granting or denying injunctive relief. The right to 

interlocutory appeal of one issue does not create jurisdiction for other issues. See, 

e.g., Easton v. Brasch, 277 S.W.3d 558, 561 (Tex. App. — Houston [1st Dist.] 

2009, no pet.) (on interlocutory appeal from temporary injunction, court lacked 

jurisdiction to address portion of order denying attorney’s fees); Bishop v. 

Clawson, 2012 Tex. App. LEXIS 64, *8 (Tex. App. — Houston [14th Dist.] Jan. 5, 

2012, no pet.) (on appeal from temporary injunction, court lacked jurisdiction to 

review order setting aside foreclosure sale). 

 The District Court also denied Brooks-Brown’s motion to abate the appraisal 

proceeding. (CR 948).6

 The denial of a plea in abatement is not subject to 

interlocutory review. E.g., Walker Sand, Inc. v. Baytown Asphalt Materials, Ltd., 

95 S.W.3d 511, 516 (Tex. App. – Houston [1st Dist.] no pet.); cf. State v. BFI 

 

5

While the statutes related to arbitration are not applicable to appraisal proceedings, by analogy, 

there is typically no right to appeal from an order compelling arbitration. see Mohamed v. Auto 

Nation USA Corp., 89 S.W.3d 830, 833-34 (Tex. App.—Houston [1st Dist.] 2002, no pet.) 

(Federal Arbitration Act) or appointing an arbitrator (Texas Arbitration Act), see CMH Homes v. 

Perez, 340 S.W.3d at 451-52 (Tex. 2011). 

6 Plaintiff’s notice of appeal indicates the order was made in open court. The order was signed 

after plaintiff’s initial notice of an appeal. 

6
APPELLEE’S MOTION TO DISMISS PAGE 7 

Waste Servs. of Tex., LP, 2011 Tex. App. LEXIS 2169 (Tex. App. — Austin Mar. 

23, 2011, pet. denied). 

Moreover, as Brooks-Brown did not seek or obtain a stay of the proceedings, 

the appraisal went forward, as ordered by the Court, and has now been completed. 

(Affidavit of Lisa Songy, Ex. 1-A). Accordingly, as discussed below, any 

interlocutory appeal is now moot. Any opinion would be advisory in nature and 

outside the scope of the court’s jurisdiction. 

B. The Appeal is Moot 

An appeal is moot when there is no longer an issue in controversy and the 

court’s action on the merits cannot affect the rights of the parties. See VE Corp. v. 

Ernst & Young, 860 S.W.2d 83, 84 (Tex. 1993). An appellate court is prohibited 

from deciding a moot controversy. See, e.g., City of Dallas v. Woodfield, 305 

S.W.3d 412, 416 (Tex. App. — Dallas 2010, no pet.); Ibarra v. City of Laredo, 

2012 Tex. App. LEXIS 5962 (Tex. App. — San Antonio July 25, 2012, pet. 

denied), cert. denied, 133 S. Ct. 2392 (2013) (after final judgment, appeal from 

denial of temporary injunction was moot). The Court of Appeals must dismiss a 

moot appeal. Woodfield, 305 S.W.3d at 416; Ibarra at * 7. 

 An appeal from an interlocutory order does not suspend the order unless it is 

superseded or the court of appeals enters a temporary order staying the 

proceedings. Tex. R. App P. 29. Brooks-Brown did not supersede the order nor 

7
APPELLEE’S MOTION TO DISMISS PAGE 8 

did she obtain a stay. Instead, the appraisal proceeded as ordered by the District 

Court. Two of the three members of the appraisal panel signed the award, and it is 

binding and enforceable on the parties. See Cantu v. So. Ins. Co., 2015 Tex. App. 

LEXIS 8847, *9 (Tex. App. — Austin Aug. 25, 2015, no pet h.) (appraisal award 

made pursuant to provisions of insurance contract is binding and enforceable). The 

award was received on August 25, 2015 and USAA tendered payment of the award 

by letter of August 27, 2015. (Affidavit of Lisa Songy, Ex. 1-A). The order on the 

plea in abatement is moot, as the appraisal has been completed. 

 Brooks-Brown seeks to appeal from the temporary injunction. By its own 

terms, the injunction expires when the appraisal process is completed. (CR 928, 

931). Therefore, any appeal is moot. See, e.g., Richards v. Mena, 820 S.W.2d 372 

(Tex. 1991) (appeal from temporary injunction moot after district court rendered 

final judgment as to permanent injunction). 

 Brooks-Brown also seeks to appeal the order appointing an umpire. There is 

no independent basis for appeal of that order. Moreover, Brooks-Brown’s only 

objection was that it preferred the Jefferson County court to appoint an umpire. 

Again, that issue is now moot. Even assuming, arguendo, that venue is irrelevant 

to appointment of an umpire, an umpire was appointed by a court of jurisdiction, 

and the appraisal was completed. 

8
APPELLEE’S MOTION TO DISMISS PAGE 9 

 Because the controversy between the parties ended when the appraisal was 

completed, the appeal is moot and should be dismissed. 

V. 

PRAYER 

 For the reasons stated herein, Appellee USAA Texas Lloyd’s requests the 

Court grant its motion, dismiss the appeal, and grant appellee judgment for its 

costs. 

Respectfully submitted, 

 /s/ Lisa A. Songy 

Lisa A. Songy 

State Bar No. 00793122 

LisaS@tbmmlaw.com 

Beth D. Bradley 

State Bar No. 06243900 

BethB@tbmmlaw.com 

Donnie M. Apodaca, II 

State Bar No. 24082632 

DonnieA@tbmmlaw.com 

TOLLEFSON BRADLEY MITCHELL &

MELENDI, LLP 

2811 McKinney Avenue, Suite 250 West 

Dallas, Texas 75204 

(214) 665-0100 Telephone 

(214) 665-0199 Facsimile 

ATTORNEYS FOR DEFENDANT 

USAA TEXAS LLOYD’S COMPANY 

9
APPELLEE’S MOTION TO DISMISS PAGE 10 

CERTIFICATE OF CONFERENCE 

 

The undersigned counsel hereby certifies that she conferred with Danny Ray 

Scott, counsel for Plaintiff Brooks-Brown, on August 25, 2015 regarding this 

motion. Counsel for Plaintiff Brooks-Brown stated that he was opposed to this 

motion. Therefore, it is presented to the Court for consideration. 

/s/ Beth D. Bradley 

 Beth D. Bradley 

 

10
APPELLEE’S MOTION TO DISMISS PAGE 11 

CERTIFICATE OF SERVICE 

 I hereby certify that a true and correct copy of has been served upon counsel 

of record via electronic service and facsimile on this 11th day of September, 2015. 

Attorneys for Plaintiff 

Danny Ray Scott 

danny@scottlawyers.com 

Virginia Izaguirre 

virginia@scottlawyers.com 

Sean M. Patterson 

sean@scottlawyers.com 

Scott Law Offices 

350 Pine Street, Suite 300 

Beaumont, Texas 77701 

Facsimile 409.833.5405 

/s/ Lisa A. Songy 

 Lisa A. Songy 

11
EXHIBIT 1-A 

12
NO. 03-15-00451-CV 

ANGELA BROOKS-BROWN 

v. 

USAA TEXAS LLOYDS COMPANY 

§ 

§ 

§ 

§ 

§ 

IN THE THIRD 

COURT OF APPEALS 

AUSTIN, TEXAS 

AFFIDAVIT OF LISA A. SONGY 

THE STATE OF TEXAS § 

§ 

COUNTY OF DALLAS § 

On this day came before me the affiant who, being duly sworn, stated as .. 

follows: 

1. My name is Lisa Songy. I am licensed to practice law in the State of Texas 

and am counsel for USAA Lloyds of Texas ("USAA") in this matter. I am over 

the age of 18 years, am fully competent to make this affidavit and the facts stated 

herein are within my personal knowledge and are true and correct. 

2. I received notice of the appraisal awards in the two claims asserted by Ms. 

Brooks-Brown on August 25, 2015. On August 26, 2015, I forwarded copies of 

the records to counsel for Ms. Brooks-Brown, with an acknowledgment of the 

payment to be made by USAA Texas Lloyds. 

3. On August 27, 2015, I forwarded a check from USAA in the amount of 

$2,660.53 to counsel for Ms. Brooks-Brown, along with a copy of the awards. 

13
4. On September 9, 2015, I filed a joint report with the Court, as required by its 

order of July 17, 2015, attached as Exhibit A. The report includes copies of the 

appraisal awards, my letters of August 26, 2015 and August 27, 2015, and the 

check from USAA Texas Lloyds. 

FURTHER AFFIANT SA YETH NOT 

Lisa A. Songy C/ S/ .. / 

Subscribed and sworn to before me this 11th dayofSeptember, 2015, to 

certify which witness my hand and seal of office. 

Notary Public, State of Texas 

My Commission Expires: 

CLAUDIA VILLA 

My Commission Expires 

March 11, 2017 

14
CAUSE NO. 272,693-B 

Filed 9/9/2015 1:37:32 PM 

Joanna Staton, District Clerk 

District Court - Bell County, TX 

by Melissa Wallace , Deputy 

ANGELA BROOKS-BROWN, § 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

IN THE DISTRICT COURT OF 

Plaintiff, 

v. BELL COUNTY, TEXAS 

USAA TEXAS LLOYD'S COMP ANY 

Defendant. 146TH JUDICIAL DISTRICT 

JOINT REPORT REGARDING APPRAISAL 

TO THE HONORABLE COURT: 

The parties ANGELA BROOKS-BROWN and USAA TEXAS LLOYD'S COMPANY 

file this, their Joint Report pursuant to the Order granting Temporary Injunction dated July 17, 

2015. 

The appraisal awards were completed on August 25, 2015, copies are attached hereto as 

Exhibit A. On August 27, 2015 USAA Texas Lloyd's tendered payment for the awards less 

deductibles and previous payments. See Exhibit B. 

On July 28, 2015, Plaintiff filed her notice of appeal. Plaintiff appealed the Order on 

Defendant's Motion for Appointment of Umpire for Insurance Appraisal Proceeding, the Court's 

ruling on Plaintiffs Plea in Abatement and Defendant's Application for Temporary Injunction. 

Plaintiff plans to continue with said appeal until the issue is decided by Third Court of Appeals. 

USAA Texas Lloyd's does not agree that Plaintiffs appeal is proper nor does it concede 

that the Court of Appeal currently has jurisdiction over the matters 

Pursuant to the Court's previous order, the parties hereby notify the comi that the 

appraisal proceeding has been completed and therefore the injunction expires by its tenns. 

15
/s/ Danny Ray Scott 

Danny Ray Scott 

SBN. 24010920 

danny@scottlawyers. corn 

SCOTT LAW OFFICES 

350 PINE STREET 

SUITE300 

Beaumont, TX 77701 

409.833.5400 (Main) 

409.833.5405 (Fax) 

ATTORNEY FOR PLAINTIFF 

/s/ Lisa A. Songy 

Lisa A. Songy 

SBN. 00793122 

LisaS@tbrnrnlaw .corn 

TOLLEFSON BRADLEY MITCHELL & 

MELENDI, LLP 

2811 McKinney A venue 

Suite 250 West 

Dallas, TX 75204 

214. 665.0100 (Main) 

214.665.0199 (Fax) 

ATTORNEY FOR DEFENDANT 

CERTIFICATE OF SERVICE 

I hereby certify that a trne and correct copy of has been served upon counsel of record via 

electronic service on this 9th day of September, 2015. 

Attorneys (or Plaintiff 

Danny Ray Scott 

danny@scottlawyers.com 

Virginia Izaguirre 

virginia@scottlawyers.com 

Sean M. Patterson 

sean@scottlawyers.com 

Scott Law Offices 

350 Pine Street, Suite 300 

Beaumont, TX 77701 

I s I Lisa A. Songy 

Lisa A. Songy 

16
EXHIBIT A 

17
Tollefson Bradley Mitchell & Melendi, LLP 

2811 McKinney Ave, Suite 250 \Vest 

Lisa A. Songy 

Admitted in Texas and California 

Via Fax 409.833.5405 and 

e-mail danny@scottlawyers.com 

Danny Ray Scott 

Scott Law Offices 

350 Pine Street, Suite 300 

Beaumont, TX 77701 

Dallas, TX / 520"1' 

Main: 214.665.0100 

Fax: 214.665.0199 

August 26, 2015 

Direct: 214.665.0107 

lisas@tbmmlaw.com 

Re: Cause No. 272,693-B; Angela Brooks-Brown v. USAA Texas Lloyd's 

Company; In the 146th Judicial District Court of Bell County, Texas and 

Cause No. 03-15-00451-CV in the Third Court of Appeals Austin Texas 

Claim Nos.: 24234074-3 Date ofloss 4/4/14 and 

24234074-4 Date of loss 5/12/14 

Dear Mr. Scott: 

Attached for your review are the appraisal awards, which USAA Texas Lloyd's received 

on August 25, 2015, with respect to the fire and the storm claims made by your client. These 

amounts were agreed to by Mark West and Ron Bickel, the court appointed umpire, as reflected 

on the awards. It is USAA Texas Lloyd's intent to pay the award on the storm claim less 

deductible and prior payments without deduction for depreciation. 

With respect to the award on the fire claim, the appraisal award is for less than USAA's 

previous estimate. Thus, there will be no payment forthcoming with respect to the fire claim. 

The check made payable to Angela Brooks-Brown, the Scott Law Offices and JP Morgan 

Chase Bank NA will be forwarded under separate cover. If you have any questions, please feel 

free to contact me. 

Attachments 

18
LAS/ljp 

Cc: Sean Patterson via email sean@scottlawyers.com 

Virginia Izaquirre via email Virginia@scottlawyers.com 

19
COMPANY: USSA Insurance 

CLAIM# 024234074 

INSURED: Angela Brooks-Brown 

ADDRESS: 707 Aries Ave. 

Killeen, Texas 76542 

AWARD 

We, the undersigned, pursuant to the within appointment, DO HEREBY CERTIFY that 

we have truly and conscientiously performed the duties assigned determined and do hereby 

award as the Actual Cash Value and the Replacement Cost Value of said property damaged by_ 

..l!&L· 

Item As per attached inspe<:tion report from Ron Bickel Roofing, Inc -Umpire 

Item 

Item 

Item 

Item 

TOTALAMOUNTOFLOSS~~$~9=J~33~.9~0'---~~~~~----~ 

SPECIAL PROVISIONS: 

1. Subject to policy provisions and deductible 

2. Less any previous payments per this claim 

3. Policy coverage to be addressed by others 

Witness our hands this _!Lday of August 2015 . 

....,...,..·_f\;\,_+;~-4--'------APPRAISER Marl: J. West~ 

___________ APPRAISER 

-~"---><-Qu-in-ney4'-~-----,:......· o_· _UMPIRE 

Ron Bickel 

20
254-773-1662 

Ron Bickel Roofing, Inc 

1118 N 31st 

Temple, TX 76504 

254-791-0027 

************************************************************* 

August 5, 2015 

Angela Brown 

707 Aries 

Killeen TX 

Re: Brown - 707 Aries 

Inspection Report 

Listed below is an itemized list of work to be performed at above address. 

•Remove and replace 34 sq composition shingles - 3 tab 

•Remove and replace felt paper 

•Remove and replace drip edge 250i 

•Remove and replace valley metal 6 7. 00 LF 

•Remove and replace 6 turtleback vents 

•Remove and replace flashing - 7 pipe jacks 

•Remove and replace exhaust cap 6"-8" 

•Remove and replace fireplace - chimney chase cover 

•Prime and paint exterior fascia 250' 

•Seal and paint double garage door opening and trim 

•Repair one window 

•Dump fees 

•Permit fees 

Comments: In my opinion, the monies allocated in the amount of 

$9,233.90 are adequate to complete the above work. 

Sincerely, 

~ Ron Bickel 

President 

Ron Bickel Roofing, Inc 

21
COMPANY: U5SA Insurance 

CLAIM: Cause No. 272,693-8 

AWARD 

INSURED: Angela Brooks-Brown 

ADDRESS: 707 Aries Ave 

Killeen TX 76542 

We, the undersigne~, persuant to the within appointment, DO HEREBY CERTIFY that 

we have truly and conscientoiusly performed the duties assigned determined and do hereby 

award as the Actual Cash Value and the Replacement Cost Value of said property damaged by 

fire. 

Item As per attached inspection report prepared by Ron Bicket Roofing, Inc - umpire 

Item 

Item 

Item 

Item 

TOTAL AMOUNT OF LOSS $3,024.82 

SPECIAL PROVISIONS: 

1. Subject to ploicy provisions and deductible 

2. less any previous payments per this claim 

3. P!lcy coverage to be addressed by others 

Witness our hands this 24 day of ---- Aug-15 

Vvt~~ APPRAISER --uf-4--,--

Ron Bickel 

22
-

( . 

~ 

254-773-1662 

Ron Bickel Roofing, Inc 

1118N31st 

Temple, TX 76504 

254-791-0027 

************************************************************* 

August24,2015 

Angela Brown 

707 Aries 

Killeen TX 

Inspection Report Addendum 

Cause No 272,693-B 

Re: Brown - 707 Aries 

Listed below is an itemized list of work to be performed at above address. 

•Remove and replace 24 S'-6' high wood slat-cedar 

•Remove and replace 2 4"x4" post-treated lumber 

•Remove and replace 58' of wood fence 5'-6' high-cedar 

•Till and operator for 4 hours 

•Top soil 10 cubic yards 

• 16 hours of general labor 

•1,060 square feet lawn-sod 

•Fertilizing 2, 120 square feet 

Comments: In my opinion, the monies allocated in the amount of 

$3,024.82 are adequate to complete the above work. 

Ron Bickel 

President 

Ron Bickel Roofing, Inc 

23
EXHIBITB 

24
Tollefson Bradley Mitchell & Melendi, LLP 

2811 McKinney Ave, Suite 250 \i\Test 

Lisa A. Songy 

Admitted in Texas and California 

Via Federal Express 

Danny Ray Scott 

Scott Law Offices 

350 Pine Street, Suite 300 

Beaumont, TX 7770 I 

Dallas, TX 7 5204 

Main: 214.665.0100 

Fax: 214 .. 665.0199 

August 27, 2015 

Direct: 214.665.0107 

lisas@tbmm law .com 

Re: Cause No. 272,693-B; Angela Brooks-Brown v. USAA Texas Lloyd's 

Company; In the I 46th Judicial District Comi of Bell County, Texas and 

Cause No. 03-15-00451-CV in the Third Comt of Appeals Austin Texas 

Claim Nos.: 24234074-3 Date of loss 4/4/14 and 

24234074-4 Date of loss 5/12/14 

Dear Mr. Scott: 

Enclosed please find payment on the appraisal award in the amount of $2,606.53 with 

respect to the storm claim. If you have any questions please feel free to contact me. 

LAS/ljp 

Enclosure 

Cc: Beth Bradley w/enclosure 

Sean Patterson I regular mail 

Virginia Izaguirre I regular mail 

Sincerely, 

~ ;o~y rt ~·cv 

25
03637.21BPW.JSS1103023621.0l.Ol.99 

ANGELA D BROOKS-BROWN AND THE SCOTT LAW 

OFFICES AND JPMORGAN CHASE BANK NA 

C/O LISA SONGY 

2811 MCKINNEY AVE STE 250 WEST 

DALLAS, TX 75204 

USAA Texas Lloyd's Company 

PO Box 33490 

San Antonio, TX 78265 

INVOICE #: USAA-74400242311555373890 

USAA #: 024234074 

LOSS RPT #: 4 

LOSS DATE: 05/12/2014 

POLICYHOLDER: 

ANGELA D BROOKS-BROWN 

EXPLANATION OF PAYMENT 

**OVERNIGHT** Settlement payment in lawsuit 

Brooks-Brown, Angela v. USAA Texas Lloyd's 

FEDERAL EXPRESS 

LOB: HOM 

CLAIMS REP: 04290-12 

CHECK #: 0012344241 

CHECK DATE: 08/25/2015 

TOTAL PAYMENT AMOUNT 

styled $**2,660.53 

93868-0215 

#}Iifi•liH·IBfoil@Miit\i$£eli1ljJ@ri:f-iffSHdalilij@U!@:fi#ikeNijfS1f&i·MMi:§wi$f#hi!§Stii@tM@i!l:Cn!1pJaj~tH§#lo$ji¥Ni 

<~ ·usAA Texas Lloyd's Company 

~<~ PO Box 33~90 . ·USAA® San Antonio,. TX 78265 

51-44/119 CT 

PAY **Two Thousand Six Hundred Sixty and 53/100 s** 

TO 

THE 

. ORDER 

OF: 

ANGELA D BROOKS-BROWN AND THE SCOTT LAW 

OFFICES AND JPMORGAN CHASE BANK NA 

USAA #: 024234074 I LR #: 4 

NATURE OF PAYMENT: 

HQVERNIGHT .. Settlement payment in lawsuit styled Brooks-Brown, Angela 

v. USAA Texas Lloyd's 

0012344241 

DATE 

08/25/2015 

CHECK AMOUNT 

$**2,660.53 

BANK OF AMERICA - HARTFORD, CT VOID 180 DAYS FROM ISSUE DATE AUTHORIZED SIGNATURE 

11 1 0 0 1 2 :l l, l, 2 l, 1 11 1 I: 0 l. l. 9 0 0 l, l, 51: 2 2 L, 0 0 l. 5 b b 5 11• 

26