Trial No . 2OO5-CI-18884
Appeal KO.04-15-00012-CV
JOHN E. RODARTE SR-, § IN THE FOURTH
Affiant, Appellant, Plaintiff, - -O51^
In Propia Persona § ., <**
vs § OF APPEALS^ATT ^
BEXAR COUNTY,TEXAS,SHERIFF § : J" g
RALPH LOPEZ,ET AL, = ' — L> — '..'•"■
Appellees,Defendants SAN ANTON 10,.TEXAST
. ■ ■ kl> '■■''
notice of appeal,
motion for appellate record,
with brief in support
To The Honorable Justices:
Now comes John E. Rodarte Sr .,Affiant,Appellant,Plaintiff *an3 on
this date of January 23,2015 completes this document,for the aoove
styled and numbered cause of action,and will show the followinq:
A hearinq was held on October 20,2014 concerning a Bill Of Review
Motion by the plaintiff and was dismissed on the same date.
As per this court's correspondence,dated January 09,2015 received
on January 21,2015 which offers evidence of questionable mail handl
ing ,pardon,correspondence dated January 12,2015,is still received
rather late-
Appellant,Rodarte,has yet to receive a trial court order,concern
ing a submission for a new trial,due to among other things,a hearing
held in violation of plaintiff's request for a jury trial and a
settinq on the jury docket of September 24,2015 as afforded by the
pleadinqs and arguments presented by the plaintiff,and in further
violation of Texas Rules Of Civil Procedure,245...,in place ot the
word noncontested,plaintiff will offer the word contested in its
place,unless the trial court would like to explain how it heard
plaintiff's case on October 20,2014 clearly in violation of rule
245,in which this case is highly contested,thus,may not be disposed
of at any time-
Again,said hearinq on October 20,2014 and dismissal,is in further
violation of Rules Of Civil Procedure,247,every suit shall be tried
when it is called no cause which has been set upon the trial
docket for the date set,except by agreement of the parties.-.,this
is where trial court committed grave error,the court,took it
1-
. Rodarte's Notice Of Appeal,Appeal Record,(January 23,2015)
Themself/well with the judge making the determination,to will
fully call a hearing,other than the trial by jury date,and without
any notice or agreement known to the plaintiff,to remove the case
from the jury docket in a contested case,in which,all issues were
set for a jury's determination. This denies plaintiff Rodarte,his
right to due process,a right to a jury trial as afforded by the
7th and 14th Amendments of the U.S. Constitution.
Plaintiff Rodarte,will state,that the above mentioned case,should
be subjected to the rigors of Title VII Civil Rights Act Of 1871,due
to the questionable issues concerning this case on two aspects. One/
the defendants failure in taking the initiative in taking responsi
bility for a clear injury to plaintif,for failing to provide safe
transportation,causing verified back injury. Two,for doing all in
its power,to defend and use the law,to avoid responsibility and
liability to plaintiff Rodarte. The defendants,had offered twice,
to settle,when the amount of settlement that was offered by the
defendants is compared to other similar injuries,the defendants,
only insulted plaintiff by trying to make an offer,that could havy
been made out of someone back pocket or coat pocket. Such an insult,
did one very important thing,it offered evidence of liability and
responsibility,thus a case more than ready for a jury trial.
The very same thing occurred on December 05,2011 when the case
became subjected to the very identical game on October 20,2014.
As the caselaw applied by the plaintiff in his Bill Of Review/it
should not only convince this court of what is correct according to
the law,but what it must do according to the law and reinstate the
case to its original status,otherwise,plaintiff's fundamental and
substantial rightS/as well as the constitutional violations will
forever stay injured just as his back is,due to unsafe transportation
and denial of law.
Therefore,plaintiff Rodarte,motions for a full appellate record/
this way this court,may see,not only the clear concealment of pro
per application of law by the defendants and their constituents,the
denial of lawful relief to the plaintiff,medical/monetary/its just
pitiful. This pursuant to T.R.A.P. rules 33.1;20.1;21.3;25.1;26.1(a)
(l);34.5;34.6;35.1(a);35.3(a)(l)(2). Respectf^^^bmitted,
Rodarte's Notice Of Appeal/Appellate /record,(January 23/2015)
CONCLUSION
Mr. Rodarte,simply will plead/the record,upon a review with a
lawful eye/will uncover volumes/and coincide with Rodarte's issues
ever since the December 01/2005 filing of this civil case.
Respect fiillHTDone
PRAYER
&
Plaintiff Rodarte/makes his petition known to God in the highest;
that the honorable Fourth Court Of Appeals,grant the relief souqht.
Respect foJ^lw Done,
C7
CERTIFICATE OF SERVICE
Thjis is to certify/that a true and correct copy of this foregoing
document,has been sent to Mr. Clarkson F. Brown,Assistant District
Attorney,at 101 West Nueva St.,Suite 5049 San Antonio,Texas 78205
Executed On This January 23,2015 Respectfully Done
J .R.j/j -r •
01/23/2015
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R.HARRISON
NOTARY PUBLIC.
STATE OF TEXAS
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Clements Unit
9601 Spur 591
Aniarillo, Texas
LEGAL MAIL
LEGAL MAIL
en Fourth Court Of Appeals
in ■^ r Office Of The Clerk
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San Antonio,Texas 78205-3037
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DEPARTMENT OF CRINllNAt .
JUSTICE - CORRECTIONAL '
INSTITUTIONS DIVISION