ACCEPTED
14-14-00875-CV
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
12/29/2014 1:30:46 PM
CHRISTOPHER PRINE
CLERK
Cause No. 14-14-00875-CV
§
FILED IN
14th COURT OF APPEALS
IN THE HOUSTON, TEXAS
12/29/2014 1:30:46 PM
FOURTEENTH COURT OF APPEALS CHRISTOPHER A. PRINE
Clerk
At HOUSTON
JUDICIAL DISTRICT
IN RE WILMA REYNOLDS,
Relator
From Cause No. 48170
In the 300th District Court of
Brazoria County, Texas
§
RELATOR’S SECOND MOTION TO STAY
TO THE HONORABLE JUSTICES OF SAID COURT:
Pursuant to TRAP 52.10, Relator asks the Court for a
stay of the underlying trial court proceeding.
A. Introduction
1. Relator is Wilma Reynolds ("Wilma"); real party
in interest is David Reynolds ("David"); and respondent
is the Honorable Senior Judge Jeff Walker
(the "trial court").
2. Wilma filed her supplemental petition for writ of
mandamus and motion for rehearing on December 19, 2014.
1
3. Wilma’s petition for writ of mandamus,
supplemental petition for writ of mandamus, and
motion for rehearing are each incorporated herein by
reference.
4. Wilma attaches a certificate of compliance
certifying that on December 29, 2014, she made a
diligent effort to notify real parties in
interest by telephone, e-mail, and/or fax this
second motion to stay has been or will be filed.
TEX. R. APP. P. 52.10(a).
5. The parties have not agreed to this motion.
B. Authorities
6. The Court may grant a stay or other
temporary relief pending its determination of an
original proceeding. TEX. R. APP. P. 52.10(b).
7. This stay of the underlying proceeding is
necessary to maintain the status quo of the parties and
to preserve the Court’s jurisdiction to consider the
merits of the original proceeding. In re Reed,
901 S.W.2d 604, 609 (Tex. App.--San Antonio 1995,
orig. proceeding).
2
8. Relator's attorney attaches a verification1 to
verify facts that are not included in the original
proceeding record and are not known to this Court in
its official capacity. TEX. R. APP. P. 10.2 & 52.
C. Facts & Argument
9. On October 29, 2014, the trial court signed the
following four orders:
• “Order Denying Objection to Assigned Judge”;
• “Order Denying Motion to Recuse
Judge C.G. Dibrell”;
• “Order Denying Motion to Recuse
Judge Randy Clapp”; and
• “Order for Sanctions Under Civil Practice and
Remedies Code Sec. 30.016.” (TABS E,F,G,& H).
10. The sanction attorney’s fees awarded by the
trial court were due to be paid by Wilma and/or her
counsel by November 29, 2014. See Exhibit B attached.
11. To date, Wilma nor her counsel have paid any
portion of the attorney’s fees awarded as a sanction.
See Exhibit B attached.
12. Opposing counsel and Judge Dibrell have set a
hearing for Jan. 8, 2015 for the purpose of securing
1
The Verification is attached hereto as Exhibit A and incorporated herein by reference.
3
attorney’s fees purportedly owed. See Exhibit C
attached.
13. Wilma seeks in this original proceeding to have
this Court review the orders entered by Judge Walker on
October 29, 2014 to determine whether the trial court
abused its discretion in entering the orders in
violation of TEX. GOV’T. CODE § 74.053.
14. Furthermore, if this Court finds that the order
denying Wilma’s Motion to Recuse Judge Dibrell is void,
then Judge Dibrell should not be permitted to continue
with his assignment before the recusal motion is
decided by a valid order. See TEX. R. CIV. P. 18a.
D. Prayer
15. For the reasons stated in this motion,
Wilma asks this Court for a stay of the underlying
trial proceeding and suspension of the October 29, 2014
trial court orders to maintain the status quo of the
parties and preserve this Court’s jurisdiction to
consider the merits of Wilma's motion for rehearing and
this original proceeding.
Wilma also requests that the stay not be lifted
until this Court has had the opportunity to review her
4
motion for rehearing and complete its determination of
this petition for writ of mandamus.
Relator requests any other such relief that she
may be entitled under law or equity.
Respectfully submitted,
By:/s/ Carl W. Gordon
Carl W. Gordon, Esq.
Texas Bar No. 24047659
THE GORDON LAW FIRM
P.O. Box 301126
Houston, Texas 77230
Tel. (832) 830-8830
Fax. (713) 636-2565
cgordon@carlgordonlaw.com
Attorney for Relator,
Wilma Reynolds
CERTIFICATE OF COMPLIANCE
Under Texas Rule of Appellate Procedure 52.10(a),
I certify that on December 29, 2014, I made a diligent
effort to notify all parties to the original proceeding
by expedited means of telephone, e-mail and/or fax that
a motion to stay had been or will be filed.
The parties have not agreed to this motion.
By:/s/Carl W. Gordon
Carl W. Gordon, Esq.
Attorney for Relator,
Wilma Reynolds
5
CERTIFICATE OF SERVICE
I certify that true copies of the forgoing instruments
were served on each of the following individuals in
accordance with the Texas Rules of Appellate Procedure on
December 29, 2014.
Lenette Terry Peggy Bittick
TERRY & TERRY P.O. Box 1017
203 E. Cedar Pearland, Texas 77588
Angleton, Texas 77515 Amicus
Attorney for David Reynolds
Kelly McClendon
P.O. Box 3457
Lake Jackson, Texas 77566
Attorney for David Reynolds
/s/ Carl W. Gordon
Carl W. Gordon, Esq.
Attorney for Wilma Reynolds
6
EXHIBIT A
No. 14-14-00875-CV
IN THE
FOURTEENTH COURT OF APPEALS
At HOUSTON
JUDICIAL DISTRICT
IN RE WILMA REYNOLDS,
Relator
From Cause No. 48170
In the 300th District Court of
Brazoria County, Texas
STATE OF TEXAS §
HARRIS COUNTY §
SECOND MOTION TO STAY VERIFICATION
Before me, the undersigned notary, on this day
personally appeared Carl W. Gordon, the affiant, a person
whose identity is known to me. After I administered an
oath to affiant, affiant testified:
1. "My , name is Carl W. Gordon. I am over 18 years of
age, of sound mind, and capable of making this affidavit.
The facts in this affidavit are within my personal
knowledge and are true and correct.
2. I am the attorney for relator, Wilma Reynolds.
All the facts stated in Relator's Second Motion to Stay are
true and correct and within my p~~~no~
Carl W. Gordon
JJ~~ ;J-Cj &-~Jif
SIGNEDunderoathbeforemeon _ _~_c/c__£_
' ~-~-~
BRIDGETTE TERRELL CALLOWAY Notary PlMtic, State of Texas
My Commission Expires
May 23, 2015
Exhibit A
EXHIBIT B
No . 48170
WILMA REYNOLDS IN THE 300TH
V. DISTRICT COURT OF
DAVID REYNOLDS BRAZORIA COUNTY, TX
ORDER FOR SANCTIONS UNDER
CIVIL PRACTICE AND REMEDIES CODE SEC. 30.016
On this 29th day of October, 2014 came on for consideration for C.P.R.C Sec.
30.016 Attorneys' Fees and Expenses Requested By Attorney Lenette Terry
representing the Petitioner and Attorney Peggy Bittick, Amicus.
Having heard and considered the evidence and arguments presented, it is
found that the following Attorney's fees and expenses are reasonable and were
necessary in connection with the tertiary recusal motions in this matter:
Lenette Terry $5,859.00
Peggy Bitteck $5,525.00
Respondent Wilma Reynolds and her Attorneys Carl Gordon are ordered to
pay as sanctions, within 31 days, the above sums to the above named Attorneys.
SIGNED this 29th day of October 2014.
EXHIBIT C
Cwgor Gordon
REYNOLDS 48, 170
2 messages
lorien@brazoria-county.com Tue, Dec 16, 2014 at 1:57 PM
To: danielleprado@att.net, PSBittick@aol.com, cwgordon1@gmail.com
Cc: cgd3@comcast.net
Reynolds has been set for January 8, 2015 @ 10:00 in the JP Courtroom. Please let me know what Motions you
would like to set.
Thanks you!
Lorie Novak
Court Coordinator
300th District Court
This message has been prepared or disseminated using resources owned by Brazoria County and is subject to the
County's policies on the use of County provided technology. E¬mail created or received through the County's
computer system by any County employee or official may be considered a public record, subject to public inspection
under the laws of the State of Texas.
PSBittick@aol.com Tue, Dec 16, 2014 at 2:10 PM
To: danielleprado@att.net, cwgordon1@gmail.com
Carl-
If you'll agree to sign an Agreed Order to Release Funds from Registry and provide dates for
Wilma's deposition, I will agree to pass the January 8 hearing. Please advise.
Very truly yours,
Law Offices of Peggy S. Bittick
Peggy S. Bittick
P.O. Box 1017
Pearland, Texas 77588
2206 East Broadway Suite A
NOTICE' TIJ'IS DOCUMENT
CONTAINS SENSITIVI': DATA.
NO. 48170
IN THE INTEREST OF § IN THE DISTRICT COURT
§
§
AND § 300TH JUDICIAL DISTRICT
§
§
CHILDREN § BRAZORIACOUNTY,TEXAS
MOTION FOR PAYMENT OF SANCTIONS AND FEES
FROM REGISTRY OF COURT
This Motion for Payment of Sanctions and Fees from Registry of Court is brought by
Peggy S. Bittick, court-appointed amicus attorney for the children,
- · In support, Peggy S. Bittick shows:
On October 29, 2014, the Court ordered Respondent Wilma Reynolds and her attorney
Carl Gordon to pay the sum of $5,525.00, as sanctions, to Peggy S. Bittick. A copy of the
Court's order for sanctions is attached hereto as Exhibit A and fully incorporated herein by
reference for all purposes. Neither Respondent nor her attorney has paid any portion of this sum
to Peggy S. Bittick.
On December 4, 2014, the Court ordered Respondent Wilma Reynolds to pay the sum of
$7,544.63, for fees and expenses, to Peggy S. Bittick. A copy of the Court's order for fees and
expenses is attached hereto as Exhibit B and fully in.corporated herein by reference for all
purposes. Respondent has not paid any portion of this sum to Peggy S. Bittick.
Respondent Wilma Reynolds has deposited into the registry of the Court more than
enough money to satisfy the sums described hereinabove. Peggy S. Bittick requests the Court
issue an order directing the clerk to pay directly to Peggy S..Bittick the sum of $13,069.63 from
MOTION JOR PAYMENT OF SANCTIONS AND FEES
FROM IIEGISTRY OF COURT
Page 1 of2
the registry of the Court.
Peggy S. Bittick prays the Court grant this Motion for Payment of Fees and Sanctions
from Registry of Court and direct the clerk to pay her the total amount of $13,069.63.
Respectfully submitted,
i .ck
Stat o. 00793346
psbi ick@aol.com
Amicus Attorney
Certificate of Service
I certify that a true copy of the above was served on each attorney of record or party in
accordance with the Texas Rules of Civil Procedure on December Jl;?., 2014 as follows:
Carl Gordon, viafacsimile ·ansmis, 'on, 713.636.2565
MOTION I!'OR PAYlVIENT OJ;' SANCTIONS AND FEI';S
!'ROM REGISTRY OF CO~IRT
Page 2 of2
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From; Carl Gordon
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IN THE INTEREST OF § IN THE DISTRICT COURT
§
§ 300TH JUDICIAL DISTRICT
§
§
CHIL.DREN § BRAZORIA COUNTY, TEXAS
ORDER FOR DEPOSIT OF ADDITIONAL FEES
On December 4, 2014, the Court considered the Motion for Additional Deposit to Secure
Fees of Peggy S. Bittick, Amicus Attorney.
IT IS ORDERED that Wilma Reynolds, 'l!'••kl:', pay directly to Amicus Attorney, for
APPROVED AS TO FORM ONLY:
Law Offices of Peggy S. Bittick
2206 East Broadway, Suite A
Pearland, Texas 77581
P.O. Box 10!7
Pearland, Texas 77588
Tel: 281
Fax: 2 .485.0 I I