Winston Leon Hendricks v. Sharon Kaye (Berwick) Barker Individually and as the Independent of the Estate of James Luther Berwick

ACCEPTED 14-15-00673-CV FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 9/2/2015 3:49:28 PM CHRISTOPHER PRINE CLERK NO. 14-15-00673-CV FILED IN 14th COURT OF APPEALS IN TIIE HOUSTON, TEXAS COURT OF APPEALS 9/2/2015 3:49:28 PM FOR THE FOURTEENTH DISTRICT CHRISTOPHER A. PRINE OF THE STATE OF TEXAS Clerk AT HOUSTON WINSTON LEON IIENDRICKS Appellant, YS. SHARON KAYE (BERWICK) BARKE& I}IDIVIDUALLY AI{D AS THE INDEPENDENT EXECUTRIX OF THE ESTATE OF JAMES LUTIIER BERWICK Appellee. On Appesl from the lil7th Civil District Court of Harris, County, Texas APPELLANT'S RESPONSE TO COURT'S NOTICE REGARDING COUIIT REPORTER'S RECORD AND REGARDING CLERKS RECORD 1. Appellant ls lllnston Leon Hendricks and APPellee Ls Sharon Kaye (Berwick) Barker, Individually and as the IndePendent Execut$i:r of the Estate of Ja.mes Luther Berwick. 2. The Court has sent a notice, dated August 19, 2015 for ther Appellantts attorney to contact the Court Repofter to make arrangement for payment of the Court Reporterr s Record. 3. Appellant I s attorney has attenpted to contact the Offici€rl Court Reporter of tlTe L27th Civil District Clerk regarding the record ( consistl-ng of 2 or 3 hearJ.ngs). It is assumed that the Court Reporter has been very busy and therefore, the date to respond has cone and gone and therefore, Appellant rs attorney needs to repo'rt to this Court the status and request an extensl-on of tfine to fl-l-er both the Court Reporterrs Record and the Clerkrs Record. 4. Appellant I s attorney was out of State (with a formal vacatian Tetter for same having been duTg and ttmeTg fiTed with the Harris countg Clerk ) during much of JuIy. Therefore the first part of August was spent in trying to catch up and be prepared on several. trials scheduled for August. 5. Appellantrs attorney had paid the official Court Report€,r for the 127th Civil Disttlct Clerk ( Court. 8.eE ortei hereln) for portions of the record, before the notlce of appeal was filed. Appellant I s attorney needs to be able to contact the Court RePorter and discuss what all records she has in this case, to assure that the conplete record taken has been transcribed, has been and/or will ber paid, and filed wlth this Court shortLy. 6. Appellantrs attorney paid: a. S11O.OO on october 23, 2OL4 on ck #2282 for a transcript of the record belLeved to be the hearLng held on August 29, 2OL4t arrd b. $32.50 on October 28, 2014 on ck #2290 foc a transcript of the record on either October L7 or 23, 20L4. c. Thele was apparently a hearing on August 7, 2015, when Appellantrs attorney !'tas out of State, with a 2 vacation letter having been timely filed. This was after the Court had disqualified Appellant I E attorney ( upon which this appeaT was taken). Therefore Appellant's attorney believes this was perhaps the hearing at whLch the case was dismissed. However, that dLsmLssal waE after Appellantrs attorney had flled a notlce of appeal in the case. Appellant I s attorney deems he lraE improperly disqualified by the Court. The Judge not only ordexed Appellant rs attorney disqualified, but also ORDERED Appellant I s attorney not to dlscuss anything about the case with Appellant. d. There appears to be a transcript on three hearings on this matter. This is what Appellantfs attorney and the court Reporter need to discuss to determine if the Court Reporter has transcribed all of the records or only two of three (the @r,rt 8;eI/o,EXe,r has indicated there are tlree). Appellant I a attorney left word, by phone, for the Court Repof,ter to contact him, as Appellantrs attorney was preparing this Motion. Then the court Reporter sent an email regarding the transcrLpts, indicating she had been paid on one. It stated that the Court Reporter is filing one of the transcripts, and has been pald for same, and there are two others, whLch 6he can transcribe and flle. Appellantrs attorney's phone call on September I, 2OL5 to the Court RePorter, after receiving the emal-I, did not resuLt in contact. Another 3 atternpt has been made on September 2, 2OtS rdLth again a return phone number supplJ.ed by Appellant I s attorney. It ls hoped that a response today, Septetnber 2, 2O15 wtll result in the Court Reporter belng able to get all transcripts filed, and payment for any unpaid transcript paid by Appellant's attorney on this same date. e. Therefore, with an extension of time to flle the Court Reportert s transcripts is requested. 7. The Harris County Clerk ls believed to have sent part of' the record, but the complete aequest was delayed by the Appellarnt I s attorney being out of State much of July, and tryl.ng to catch up on a number of cases at the expiratlon of the vacatlon Ietter period which ended on August 2, 2OL5. A request for an extensl.on of time to have the Clerkrs record completed l-s aLso request;ed. WHEREFORE,this is the Appellantfs first request for an extensj.on of time to get the Court RePorter I s and Clerkrs records fil-ed lrrith the Fourteenth Court of Appeals; and for such other and further relief, at law or in equity, to which the Appellant may be Justly entLtled. 4 Respectfully submitted, T. tI. PROCTOR & ASSOCIATES T. W. Proctor, J.D. ---Attorney for Appellant Glendale ltedlatlon Center 630 Uvalde llouEton, TX 77OL5-3766 (713) 4s3-8338 rBA *16350000 rAx (713) 453-3232 email : auraman6s!trbell.net CERTIFICATE OF SERVICE On Septenber 2, 2Ot5, I, T. W. Proctor, J.D., attorney for eppellant, hereby certlfy that I have delLvered a true and correcl; copy of the above instrument( s) to each attorney of record or pro se party herein, at the address(es) shown below: by sendlng througtt ProDoc service, asking for email to be senti and/or sending same by' email with a read receipt requested; and/or by placing same in a U.S. post-paid certified nail wrapper, addressed as shown below, and deposited in a receptacle under the care and control of the U.S. Postal Servlcei and/or by sendJ-ng by FAx: WILLIaII T. PO!{ELL, J.D., LAW OFFICE OF WILLIA}4 T. POWELL, 27OO POST OAK, SttITE 1O5O, HOUSTON, TEXAS '77056 a 7L3-722-9233 EAx 7L3-722- 9433 TBA X62O68OO Email: tede tedpoltel l la!'t. com Attorney for Appellee T. tl. Proctor, J.D.--Attorney for Appellant