FILED IN
1ST COURT OF APPEALS
HOUSTON, TEXAS
CAUSE NO 01-15-00066-CV APR - 9 2015
nw TUTF CHRIST0BHEB A. PRINE
FIRST COURT OF APPEALS
HARRIS COUNTY TEXAS
PATRICK OLAJTOE AKINWAMTOE
APPELLANT
V
TRANSPORTATION INSURANCE COMPANY
CNA INSURANCE COMPANY AND
AUTOMATIC DATA PROCESSING INC.
APPELLEES
FROM THE 80™ DISTRICT COURT
OF HARRIS COUNTY, TEXAS
MOTION FOR AN ORDER TO SUBPOENA MICHELLE TUCKER,
THE OFFICIAL COURT REPORTER, 80th DISTRICT COURT,
HARRIS COUNTY, TEXAS FOR THE ACTUAL, CORRECT, AND
TRUE TRANSCRHTS OF SHOW CAUSE HEARING IN
CAUSE NO. 97-48526 ON OCTOBER 24,2014
PATRICK OLAJDDE AKINWAMTOE, PROSE
2151 SOUTH MRKWOOD ROAD, #295
HOUSTON, TEXAS 77077
(832)620-9345
For the reasons stated above, appellant requests the Honorable First Court of
Appeals to issue an order of subpoena or give the appellant order to subpoena the
Show Causes' Hearing transcript from Ms. Michelle Tucker.
Respectfully submitted,
Patrick Olajide Akinwamide
2151 S. Kirkwood Road, Apt. #295
Houston, Texas 77077
CERTIFICATE OF SERVICE
I certify that a true andcorrect copy of the forgoing instrument was delivered
via certified mail, return receipt requested or hand delivered to all counsels of record
on this the 9th day ofApril 2015.
Michelle Tucker
Official Court Reporter
80th District Court
201 Caroline, Rm 915
Houston, Texas 77002
Hon. Lawrence Weiman
Judge 80th District Court
201 Caroline
Houston, Texas 77002
Harris County District Clerk
Civil/Family Post Trial
201 Caroline, 2nd Floor
Houston, Texas 77002
Mr. Jeffrey L. Diamond
TX Bar No. 058025000
1010 San Jacinto Street
Houston, Texas 77002
Attorney ofRecord for Transportation Insurance Company, CNA Insurance Company
and Automatic Data Processing Inc.
Patrick Olajide Akihwamide, ProSe
2151 S. Kirkwood Rd., Apt 295
Houston, TX 77077
Tel: (832) 620-9345
pe hi trr a -
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1 APPELLATE NO. 01 -15-00066-CV
TRIAL COURT NO. 1997-48526
2
FILED IN
1st COURT OF APPEALS
3 HOUSTON, TEXAS
§
4 PATRICK OLAJIDE §
in the ffims&AW'*0F
CHRISTOPHER A. PRINE
AKINWAMIDE, § Clerk
5 Plaintiff §
§
6 §
VS. § HARRIS COUNTY, TEXAS
7 §
§
8 §
TRANSPORTATION INSURANCE §
9 COMPANY, § -
Defendant § 80TH JUDICIAL DISTRICT
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15 Defendant's Motion for Sanctions/
and Motion to Determine Plaintiff
16 A Vexatious Litigant
October 24 , 2014
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Michelle Tucker
23 Official Court Reporter
80th District Court
24 Harris Count.y, Texas
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Proceedings reported by: Mach ine Shorthand 4
1 APPEARANCES
2 For the Plaintiff: Mr. Patrick Olajide Akinwamide
Pro Se
3 2151 South Kirkwood Rd., #295
Houston, Texas 77077
4 832-620-9345
5
6 For the Defendant: Ms. Lynda Kae Burkhalter
SBOT: 24008087
7 J. Diamond and Associates
1010 N. San Jacinto
Houston,TX 77002
713-227-6800
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11 | BE IT REMEMBERED that upon this the 24th day of
12 October, 2014, the above-styled and numbered cause came
13 on for Hearing before the Honorable Lawrence Weiman,
14 Judge Presiding of the 80th District Court of Harris
15 County, Texas; and all preliminary matters having been
16 disposed of, the following proceedings were had, viz:
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1 PROCEEDINGS:
October 24, 2014
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3 THE COURT: The Court considering the entire
4 history of this file dating back to 1997, and the -- not
5 only all the pleadings contained therein, the Court of
6 Appeals record in the case, the Court finds that the
7 Defendant's motions are meritorious. The motions are
8 granted.
9 The Court finds that the pleadings filed by
10 the plaintiff, including but not limited to the 81-page
11 filing on August 6, 2014 as part — entitled Plaintiff's
12 Motion to Set Aside the Final Judgment in Cause No.
13 97-48526 is void, dismissed. The plaintiff's claim for
14 compensation for lack of jurisdiction under the TWCA and
15 the trial court to proceed with plaintiff's common law
16 causes of action until its final resolution having been
17 filed after numerous final orders and rulings of this
18 court during the past 17 years, including the Court of
19 Appeals mandate that was issued on the very same subject
20 matter on May 16, 2 013, it is a frivolous pleading filed
21 in violation of Texas Rule of Civil Procedure 13.
22 The Court also finds that the pleading is
23 also in violation of Texas Civil Practice and Remedies
24| Code, Section 10.001. The Court finds that the
25 appropriate sanction, including the award of reasonable
1 attorney's fees to the defendant is $2,500.
2 The Court also under Section 10.004 is also
3 awarding an additional public sanction against you, Mr.
4 Akinwamide, in the amount of $500. The Court also finds
5 that under Texas Civil Practice and Remedies Code,
6 Section 11.051 and the following sections, including but
7 not limited to Civil Practice and Remedies Code, Section
8 11.054 finds and does declare you to be a vexatious
9 litigant. And the Court will sign that order.
10 Do I have an order ready for it to be --
11 MS. BURKHALTER: I will have to draft it
12 based__on what's happened today. I have one from the
last hearing that just asked for him to_„„be declared a
o 13
^ N^4 vexatious litigant. But_J>ecjgiiS^^
hearing and you're__setting up for exactly^your_findings,
I didn't draft JLt, because _I__ thought --
^ £ 17 THj^ COURT: Okay. You can submit the order.
"*" 18 And the Court does find_that Mr...... Akinwamide
19 has _not shown good cause .why he should not be determined
20 to be a vexatious litigant, and. _has_ not shown good cause
21 as to why he should not be sanctioned; again, under
22 provisions of Texas Rules of Civil Procedure 13 and
23 Section 11 and 11.04, and other relevant sections of the
24 Civil Practice and Remedies Code.
25 When do you expect to have an order to be
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1 submitted on that?
2 MS. BURKHALTER: I can have one by Tuesday
3 THE COURT: Make sure you send a copy to
4 Mr. Akinwamide regarding the form of the order. And
5 when you submit the Court will enter the order and we
6 are adjourned.
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1 THE STATE OF TEXAS
2 COUNTY OF HARRIS
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4 I, Michelle Tucker, Official Court Reporter in
5 and for the 80th District Court of Harris County, State
6 of Texas, do hereby certify that the above and foregoing
7 contains a true and correct transcription of all
8 portions of evidence and other proceedings reguested in
9 writing by counsel for the parties to be included in
10 this volume of the Reporter's Record in the above-styled
11 and -numbered cause, all of which occurred in open court
12 or in chambers and were reported by me.
13 WITNESS MY OFFICIAL HAND this the 26th day of
14 March, 2015.
15
/s/ Michelle Tucker
MICHELLE TUCKER
16 Official Court Reporter
80th District Court
17 201 Caroline, Rm. 915
Houston, Texas 77002
18 713-368-6090
Texas CSR No. 2827
19 Expiration date: 12-31-16
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