Glenn Herbert Johnson v. Harris County

ACCEPTED
01-15-01064-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
12/17/2015 7:52:13 AM
CHRISTOPHER PRINE
CLERK

Linebarger Goggan Blair & Sampson, LLP
4828 Loop Central Drive, Suite 600
Houston, Texas 77081 FILED IN
Direct: 713-844-3405 Main: 713-844-3400 1st COURT OF APPEALS
Nick.Nicholas@lgbs.com HOUSTON, TEXAS
12/17/2015 7:52:13 AM
Via E-File December 17, 2015
CHRISTOPHER A. PRINE
Clerk

Mr. Joshua Alegria, Deputy Clerk The Honorable Christopher A. Prine, Clerk
County Clerk’s Office First Court of Appeals
P.O. Box 1525 301 Fannin
Houston, Texas 77251-1525 Houston, Texas 77002-2066

Re: Trial Court Docket Number: 1063034
Court of Appeals Case Number: 01-15-01064-CV
Case Name: Glenn H. Johnson v. Harris County, Et Al.
Dear Clerks:

I am writing because there is a discrepancy between the County Clerk’s December 15,

2015 Letter of Assignment1, and the Court of Appeal’s December 16, 2015 Information letter.

Although the Letter of Assignment refers to Mr. Johnson’s December 15, 2015 Notice of Appeal

(p. 1), the Notice of Appeal that is attached is Mr. Johnson’s December 12, 2015 Notice of Appeal

(pp. 2-4). This is significant because Mr. Johnson’s December 12, 2015 Notice of Appeal relates

to the Trial Court’s November 25, 2015 Order Granting Harris County Appraisal District’s Plea to

the Jurisdiction or Motion for Summary Judgment (Id.), but Mr. Johnson’s December 15, 2015

Notice of Appeal relates to the Trial Court’s December 9, 2015 Order Granting the Harris County

Defendants’2 Plea to the Jurisdiction and First Amended Motion for Summary Judgment (p. 7).

Accordingly, the Harris County Defendants request clarification as to which Order (if not both) is

the subject of Case Number 01-15-01064-CV.

1
The Court of Appeal’s file-stamped copy is attached hereto as Attachment A.
2
The Harris County Appraisal District is a separate defendant from the Harris County Defendants.
December 17, 2015
Page Two

Additionally, please note that Mr. Johnson has three (3) related appeals currently pending

before the First Court of Appeals: No. 01-14-00383-CV, No. 01-15-00950-CV and No. 01-15-

01003-CV.

Thank you for your assistance in this matter. Please contact me if you have any questions.

Sincerely,

Nick Nicholas

cc: Glenn H. Johnson (prairie_view_grad@yahoo.com)
Ramon G. Viada (rayviada@viadastrayer.com)
Attachment 1
 on 12/15/2015 3:05:44 PM

OFFICE OF STAN STANART FILED IN
COUNTY CLERK, HARRIS COUNTY, TEXAS 1st COURT OF APPEALS
CIVIL COURTS DEPARTMENT HOUSTON, TEXAS
12/15/2015 3:24:18 PM
December 15, 2015
CHRISTOPHER A. PRINE
Clerk
Court of Appeals
301 Fannin
Houston, Texas 77002

LETTER
OF
Trial Court Docket Number: 1063034
Trial Court Number: Two (2)

Style:
GLENN HERBERT JOHNSON VS. HARRIS COUNTY, ET AL.
APPELLANT(S) APPELLEE(S)

THERESA W. CHANG
I

Attorney: Appellee(s) Attorney:
Glen Herbert Pro Se Edward J. Nicholas, No. 14991350
8926 Daffodil Street 4828 Loop Central Drive, Suite 600
Houston, Texas 77063 Houston, Texas 77081
Phone: N/A Phone: (713) 844-3400
Fax: N/A Fax: (713) 844-3504
E-Mail: N/A E-Mail: Nick.Nicholas@lgbs.com

Glenn Herbert Johnson, appellant, filed a Notice of Appeal on December 14, 2015 from the Final Judgment that was
on December 9, 2015.

The Clerk’s Record is due to your office on or before 8, 2015.

/S/Joshua Alegria
Joshua Alegria
Deputy Clerk
P.O. Box 1525
Houston, TX 77251-1525
(713) 755-64211>.o.

1525 I TX 77251-1525 I (713) 755-6421

1 of 1

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"12/14/2015
CAUSE
NO.1063034
GLENNHERBERTJOHNSON § INTHECOUNTYCIVILCOURT
§
§
HARRIS COUNTY, CITY OF HOUSTON, § AT LAW, NUMBER TWO
HOUSTON INDEPENDENT SCHOOL DISTRICT §
HOUSTON COMMUNITY COLLEGE SYSTEM, §
OF HOUSTON AUTHORITY, §
HARRIS COUNTY FLOOD CONTROL DISTRICT §
HARRISCOUNTYHOSPITALDISTRICT, § HARRISCOUNTY,
TEXAS
HARRIS COUNTY DEPARTMENT OF EDUCATION, §
HARRIS COUNTY APPRAISAL DISTRICT §
DefendantsGLENN

HERBERT
JOHNSON’S OFAPPEAL
NOTICE

TOTHE
HONORABLE
JUDGE
OFSAID
COURT:

COMES NOW, GLENN HERBERT JOHNSON, the in the above entitled and
numbered cause and GIVES NOTICE that Plaintiff appeals from the Harris County Civil Court
at Law Number Two’s Order, titled, "ORDER GRANTING DEFENDANT HARRIS
COUNTY APPRAISAL DISTRICT’s PLEA TO THE JURISDICTION
ALTERNATIVELY, MOTION FOR SUMMARY JUDGMENT and SUPPLEMENTAL
PLEA TO THE JURISDICTION or, ALTERNATIVELY, MOTION FOR SUMMARY
JUDGMENT", signed on November 25, by The Honorable Theresa W. Chang.

• This is an Appeal under the Texas Rules of Appellate Procedure 25.1.

• This NOTICE OF APPEAL is within the day grace period for
appeals which implies that Plaintiff intended to request an extension.
See: Tex. R. App. P. 26.3; Verburgt v. Dorner, 959 S. W 2d 615, 617 (Tex. 1997)

Cause No. Notice ofAppeal Page 1

2
 • Glenn Johnson's UNSWORN DECLARATION OF INDIGENCY,
with the County Clerk, on May 29, 2015, under Cause N0. 1063034,
Plaintiff to proceed as a Pauper.

Respectfullysubmitted,

Glenn Herbert Se
8926Daffodil
Houston,Texas77063

Cause No. 1063034: Notice ofAppeal Page 2

3
 CERTIFICATE OF SERVICE

I certify that on December l2, 2015, a copy of the instrumentwas
servedonthepersonslistedbelow:

Ramon G. Viada III
StateBarNo.20559350
Mail)
17SwallowTrialCourt,Suite100
TheWoodlands,Texas77381

James Nicholas
Bar No. 149913550
Anthony W. Nims
State Bar No. 15031500
Linebarger Goggan Blair & Sampson, LLP
4828 Loop Central Drive, Suite 600
Houston, Texas 77081
Mail)
Electronic Mail)

by:

Glenn Herbert Johnson, Plaintiff, Se
8926 Daffodil Street —Houston, Texas 77063
Houston, Texas 77063

Cause No. 1063034: Notice ofAppeal Page 3

4
 063034

IN rm-

Unswom

2.
in •
3. _

5.
.

5
Texas Civil Practices and Remedies Code. Sec. 132.001

TEXAS CIVIL PRACTICE AND REMEDIES CODE

TITLE6.MISCELLANEOUS
PROVISIONS
132. UNSWORN DECLARATIONS

132.001. DECLARATION.
may
(a) Except as provided by Subsection (b), an unswom declaration in lieu of a
written swom declaration, oath, or required by statute or
required by a rule, order, or requirement adopted as provided by law.

(b) This section does not apply to a lien reguired to with clerk, an instrument
concerningrealor personal reguiredto be a clerk,oran oath
tobetakenbeforea
oranoathreguired a public.
(c) Anunswomdeclaration
madeunderthis
(1) in writing;and
(2) subscribed by the person making true under penalty of perjury.
Added by Acts 1987, 70th Leg., Sec. Sept. 1, 1987.

Amended by:
Acts 2009,81stLeg.,R.S., 87 Sec.25.011, September1,2009.
Acts2011,82ndLeg., 3674),Sec. 1,eff`.September1,2011.
Acts 2013, 83rd Leg., Ch. Sec. 1, eff. September 1, 2013.
Acts2013,83rd Ch. 1728),Sec. 1,eff`.June 14,2013.

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 12/72015 8:42;51AM
County

NO.
1063034
CAUSE
GLENNHERBERTJOHNSON INTHECOUNTY
CIVILCOURT

v. AT LAW, NUMBER2

HARRIS COUNTY, ET. AL.,
HARRISCOUNTY,
TEXAS
ORDER ON THE HARRIS COUNTY DEFENDANTS’ PLEA TO THE JURISDICTION,
ANDFIRSTAMENDEDMOTIONFORSUMMARYJUDGMENT

On this day the CountyDefendants’attomey but pro se did not

The County Defendants’ Plea to the Jurisdiction and First Amended Motion for

Summary Judgment is GRANTED as to s claims of negligence, gross negligence,

conspiracy, common law fraud, trespass to real property, trespass to personal and

nuisance. The only claim is inverse condemnation.
DEC 2015
SIGNED ON THIS the day of December 2015.

|UDGE

·'

Order -Page l of 1

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