ACCEPTED
02-17-00423-CV
SECOND COURT OF APPEALS
FORT WORTH, TEXAS
12/11/2017 12:23 PM
DEBRA SPISAK
CLERK
DOCKET NUMBER 02-17-00423-CV
FILED IN
2nd COURT OF APPEALS
FORT WORTH, TEXAS
KELLY THOMAS, SECOND COURT OF
12/11/2017 12:23:14 PM
APPEALS DEBRA SPISAK
Clerk
Appellant
v.
CARL PUGLIESE AND SETH
JOHNS CMO OF CARL’S
HANDYMAN, AND
CULPEPPER PLUMBING &
AIRCONDITIOINING INC.
Appellees STATE OF TEXAS
WRIT OF MANDAMUS RE: REPORTERS RECORD
Dear 2COA
On November 16 , 2017 you sent Appellant Kelly Thomas your opions regarding an
insurance punitive damage case that the punitive damages was heard before the Original
Petition, and it simply did not make sense , then I found the 2COA did not have all the
records or all the reporters records, even though I had requested those records to be sent
many many times. I was told by the Court that you had them all. You did not. I requested a
rehearing for these cases 02- 16- 00376-CV 02-16-00379-CV.
On October 18 2017 under Trial Court Cause Number CV-2016-01764 things started
becoming very clear and not knowing what to do I ran to the 2COA in a pre-filing based on
rule TRAP 27 nearly a month later as I had to calm down and try to understand why the
Trial Court was doing what they were doing, it made no sense and was even against the
Texas Civil Procedure Rules.
November 17, 2017 I was struck in the head by ceiling attic vents and a light, which took
me nearly two weeks to regain functional capacities, and I a direct result of the first
insurance case in the TRIAL COUNTY COURT I had filed August 18 2016 which is
reference on the Appeal Docket Numbers 02- 16- 00376-CV 02-16-00379-CV .
I have begged pleaded written tried very hard to politely ask the Court Reporter for all the
Records and All the Reporters Records to be sent to the 2COA only to find the same
obstruction after the on the first Appeal (which should have never had to be appealed in the
first place because the Trial Court should have NEVER heard Punitive Damages before
hearing the Original Petition)
CV-2016-01764 Appeal Docket Number 02-17-00423-CV
On Friday December 8 2017 another long bought with the Court Reporter who tried to place
the Deputy Clerk in the middle of their resistance. I became a bit aggravated , did not know
what to do and called the 2COA, after several attempts to have all the records sent to you.
December 11, 2017 I wrote again requested a dollar amount for this as shown below:
10:21 AM
To: Pam Smith
Regarding to Reporters record for CV-2016-01764 :
Dear Pam,
I AM UNDER INABILITY TO AFFORD . I AM WANTING ALL REPORTERS
RECORDS SENT TO THE 2COA FOR THIS CAUSE NUMBER, ALL REPORTERS
RECORDS
WHAT DO I NEED TO PAY YOU TO HAVE YOU SEND ALL THE
REPORTS RECORDS. IF ANYTHING ?
Please let me know the amount so if I need to bring you money promptly I
will make those arrangements. Please let me know how much I need to pay
you if anything.
Thank you
Kelly Thomas
The 2COA CANNOT POSSIBLY BE EXPECTED TO REVIEW THE CASE
ACCURATELY WITHOUT THE CORRECT TOOLS OR THE COOPERATION OF THE
TRIAL COURT.
Kelly Thomas
To:Pam Smith
Nov 15 at 6:48 PM
Ms Smith
Yes this is a correct list
Thank you
Kelly Thomas
On Wednesday, November 15, 2017, 5:26:08 PM CST, Pam Smith
wrote:
Miss Thomas,
You are required per the rules to send me a letter designation. Please make clear to me the
dates of all hearings that you want included in this appeal. It is your responsibility to let me
know exactly which hearings you want included.
Thank you.
Sent from my iPhone
On Nov 15, 2017, at 4:06 PM, Pam Smith wrote:
Ms. Thomas,
I’m in receipt of your request for the reporter’s record from multiple hearings
in your cases. I will list the dates below, and I need you to please confirm
this is all you are requesting.
June 9, 2016
July 18, 2016
August 15, 2016
November 1, 2016
December 12, 2016
December 21, 2016
July 27, 2017
October 18, 2017
I will need to prepare these at my own time and expense, so please be sure these
are the only hearings you need.
Thank you.
Respectfully,
Pamela Smith, CSR
Official Court Reporter
County Court at Law No. 2
1450 East McKinney Street
Suite 4310
CONCLUSION :
The courts do not treat a litigant fairly when they insist that the litigant —
unaided and unable to obtain the services of a lawyer — negotiate a thicket of legal
formalities at peril of losing his or her right to be heard. Such a practice manifestly
excludes the poor and the unpopular, who may be unable to obtain counsel, from
access to justice. When a Trial Court wont cooperate it denies the Appellant access
to Justice.
PRAYER
Please forgive the Appellant, to bother the 2COA with this : however if the 2COA
finds to write a WRIT OF MANDAMUS to acquire all the Reporters Records
PLEASE DO SO. THE 2COA is a a disadvantage and cannot administer Justice
without the tools to do so. Please demand the Trial Courts total cooperation in this
matter.
Respectfully yours,
Kelly Thomas
/s/ Kelly Thomas
100 N Hill St
Pilot Point Texas
76258 P: 817-584-7191
E: kelly_ann_thomas@yahoo.com
CERTIFICATE OF SERVICE
Pursuant of Texas Rules of Civil Procedure 21(a) I declare a true and correct copy of this
document was sent to all parties and County Court Clerks via electronic service/ efiled on
December 11, 2017
/s/ Kelly Thomas
Kelly Thomas
100 N Hill St
Pilot Point Texas 76258
P: 817-584-7191
E: kelly_ann_thomas@yahoo.com
CERTIFICATE OF CONFERENCE
I certify I have conferred with Counsel for the Appellees on December 11 2017 regarding my
request for the Records and Mandamus via electronic communication and left a voice mail with Mr
Sawko and email with Dan Parat as well.
/s/ Kelly Thomas
100 N Hill St
Pilot Point Texas 76258 P:
817-584-7191
E: kelly_ann_thomas@yahoo.com