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

Citation: Not availableDocket: 01-15-00974-CV

Court: Court of Appeals of Texas; November 19, 2015; Texas; State Appellate Court

Original Court Document: View Document

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Key information regarding the appeal of Benedict Emesowum v. Luiz Martinez, Colonial County Mutual Insurance is provided. The appeal, registered as Cause Number 01-15-00974-CV, was initiated with a notice received on November 20, 2015. Texas Rule of Appellate Procedure 9.6 mandates that all communications about the appeal occur through the Clerk’s office, prohibiting direct contact with the justices or their staff. Additionally, any documents submitted to the Court must be concurrently served to all other parties involved.

Effective January 1, 2014, all attorneys must electronically file documents via the EfileTexas.gov system, while pro se litigants are encouraged but not required to do the same. Submitted documents must comply with both TEX. R. APP. P. 9.4 and the Texas Supreme Court's Redaction Guidelines.

The appellant is required to pay a $205 filing fee within 20 days unless exempt or declared indigent. Payment can be made electronically via credit card, in person with cash, or through a money order or check made out to 'Clerk, First Court of Appeals.' The fee is singular for each case, regardless of the number of appellants.

The letter also contains warnings: failure to file the clerk’s record due to the appellant's fault may lead to dismissal for want of prosecution; similarly, if the reporter’s record is not filed due to the appellant’s fault, the Court may proceed with decisions on issues that do not require it.

Motions addressing informalities in the appeal process must be submitted within thirty days of the appellate record being filed, as per TEX. R. APP. P. 10.5(a). The trial-court clerk and court reporter are not obligated to file the necessary records unless the appellant has demonstrated indigence or has made arrangements to cover the fees, according to TEX. R. APP. P. 35.3(a)(2, b)(3). The final judgment or appealable order was signed on November 17, 2015, and absent a post-judgment motion, the clerk's and reporter's records must be filed by January 19, 2016. The appellant and appellee should promptly notify the Court if the appeal is accelerated or if there are discrepancies regarding the judgment date or post-judgment motions.

Both records must be filed electronically, and clerks and reporters are required to complete an information sheet from the Court's website within ten days of this notice. No motion is needed to extend the filing time for these records. Cooperation among parties and with court officials is encouraged to ensure proper designation of necessary items and testimony for inclusion in the records. The Court is unlikely to grant time extensions for briefs due to late designations of record items.

All documents must comply with Texas Rule of Appellate Procedure 9.3 regarding paper copies and must contain a certificate of service per Tex. R. App. P. 9.5(d, e). Civil motions require a certificate of conference and a $10 filing fee unless the movant qualifies for indigence or exemption. Each type of relief in a civil motion is treated as a separate motion, incurring separate fees.

Appellants must file a docketing statement per TEX. R. APP. P. 42.3. This statement is critical for establishing appellate deadlines and ensuring correct notifications. It should be filed within twenty days of this notice, and forms are available on the Court’s website or can be requested from the Clerk’s office.

Section X requires completion by appellants who believe their civil appellate cases may qualify for the Pro Bono Program managed by the State Bar of Texas (SBOT) and the Houston Bar Association’s Appellate Practice Section (HBA). Relevant resources include the SBOT Pro Bono Program and the First Court of Appeals website. Section XI of the docketing statement is optional and pertains to potential alternative dispute resolution or mediation participation, which the Court encourages due to its historically successful outcomes.

Effective January 1, 2014, all attorneys in civil and criminal cases must file documents electronically via EfileTexas.gov, with certain exceptions for sealed documents. Pro se parties are encouraged to e-file but are not mandated to do so. All electronically filed documents must adhere to TEX. R. APP. P. 9.4 and the Texas Supreme Court's Redaction Guidelines.

Texas Rule of Appellate Procedure 6 requires attorneys to notify the Clerk’s office of any address changes or changes in lead counsel designation. Nonresident attorneys not licensed in Texas must meet specific requirements outlined by the Board of Law Examiners.

Notice of any judgment, mandate, or order must be sent to all parties, directed to the lead counsel if represented. Public case information is accessible on the Court’s website, and parties can sign up for email notifications regarding their case.

The Court adheres to the Standards of Appellate Conduct established by the Supreme Court of Texas and expects compliance from all involved parties, including pro se litigants. For inquiries throughout the appellate process, parties are encouraged to contact the Clerk's office.