ACCEPTED
01-13-00816-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
4/16/2015 1:30:02 PM
CHRISTOPHER PRINE
CLERK
NO. 01-13-00816-CV
In The FILED IN
First District Court of Appeals of Texas 1st COURT OF APPEALS
HOUSTON, TEXAS
at Houston 4/16/2015 1:30:02 PM
CHRISTOPHER A. PRINE
Retaka Romeo Nelson, Appellant vs. Shannon Brochette Clerk
Nelson, Appellee
On Appeal From
District Court No. 308, Cause 2012-04063
Harris County, Texas
THIRD AMENDED MOTION FOR REHEARING
Retaka Nelson
P.O. Box 7367
Los Angeles, CA 90007
Tel: (832) 590-9295
Email: thetakesta@gmail.com
Appellant-Petitioner, Pro Se
Third Amended Motion for Rehearing | Nelson v. Nelson | 01-13-00816-CV
Identity of Parties and Counsel
PETITIONER/CROSS-RESPONDENT/APPELLANT: RETAKA ROMEO NELSON
Leif A. Olson
State Bar No. 24032801
leif@olsonappeals.com
PMB 188
4830 Wilson Road, Suite 300
Humble, Texas 77396
(281) 849-8382
Former Counsel on appeal
Edward C. Burwell
5151 Katy Freeway, Suite 140
Houston, Texas 77007
Former counsel in trial court
Retaka Nelson
P.O. Box 7367
Los Angeles, CA 90007
thetakesta@gmail.com
(832) 590-9295
Appellant-Petitioner, Pro Se
RESPONDENT/CROSS-PETITIONER/APPELLEE: SHANNON BROCHETTE NELSON
Shari Goldsberry
State Bar No. 24038398
shari@goldsberrylaw.com
3027 Marina Bay Drive, Suite 108
League City, Texas 77573
(281) 533-3030
Counsel on appeal
D. Michelle Tewal
950 Gemini, Suite 6
Houston, Texas 77058
Former Counsel in trial court
Third Amended Motion for Rehearing | Nelson v. Nelson | 01-13-00816-CV Page i
Table of Contents
Identity of Parties and Counsel ..................................................................................... i
Table of Contents ......................................................................................................... ii
Index of Authorities ..................................................................................................... iii
Statement of the Case ................................................................................................... v
Statement on Oral Argument ....................................................................................... vi
Issues Presented............................................................................................................. vii
Glossary ..................................................................................................................... viii
I. The trial court erred in rendering a judgment and order sustaining contest to
pauper’s oath without notice and hearing. ................................................................ 1
Statement of Facts......................................................................................................... 1
Summary of Argument ................................................................................................. 1
Argument ...................................................................................................................... 2
A. No Proof of Notice........................................................................................ 2
B. No Proof of Hearing ..................................................................................... 3
C. Fundamental Error of Due Process Violation .............................................. 4
D. Any Craddock Requirements........................................................................ 5
II. The trial court erred in rendering a final divorce decree without proper service
of the counter-petition and citation ........................................................................... 7
Statement of Facts ........................................................................................................ 7
Summary of Argument ................................................................................................. 7
Argument ...................................................................................................................... 8
A. Fundamental Error of Due Process Violation .............................................. 8
B. No Waiver of Service ................................................................................. 10
C. Any Craddock Requirements...................................................................... 13
Conclusion .................................................................................................................. 15
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Prayer .......................................................................................................................... 16
Certificate of Compliance .......................................................................................... 17
Certificate of Conference ........................................................................................... 17
Certificate of Service .................................................................................................. 18
Unsworn Declaration .................................................................................................. 19
Appendix .................................................................................................................... 20
Index of Authorities
CASES
Armstrong v. Manzo,380 U.S. 545, 550, 85 S.Ct. 1187, 1190, 14 L.Ed.2d 62 (1965) 5
Broussard v. Davila, 352 S.W.2d 753, 754 (Tex. Civ. App.—San Antonio 1961, no
writ) .......................................................................................................................... 9
Caldwell II, 154 S.W.3d at 97 n.1 .............................................................................. 14
Carr v. Smith, 22 S.W.2d 3d 128 (Tex.App. –Fort Worth, 2000, pet. denied) .......... 14
Cf. Perkola v. Koelling & Assocs., Inc., 601 S.W.2d 110, 112 (Tex.Civ.App.-Dallas
1980, writ dism'd) ................................................................................................... 10
Cotton v. Cotton, 57 S.W.3d 506, 511 (Tex. App.--Waco 2001, no pet.) ................. 11
Craddock v. Sunshine Bus Lines, Inc., 134 Tex. 388, 133 S.W.2d 124 (1939) ........... 5
Craddock, 1331 at S.W.2d 126 .................................................................................... 6
Director, State Employees Workers' Compensation Div. vs. Evans, 889 S.W.2d 266,
270 (Tex. 1994) ........................................................................................................ 7
Dolgencorp. Vs. Lerma, 288 S.W.3d 922, 929 (Tex. 2009) ........................................ 7
Dolly v. Aethos Commc’ns Sys., Inc., 10 S.W.3d 384, 388 (Tex. App.—Dallas 2000,
no pet.) ...................................................................................................................... 9
Ferguson & Co. v. Roll, 776 S.W.2d 692, 698 (Tex.App.—Dallas 1989, no writ)..... 5
Frederick v. Sebastian, Case 01-13-00727-CV (Tex. App. – Houston [1st Dist.], Oct.
21, 2014) ................................................................................................................... 3
Gen. Elec. Co. v. Falcon Ridge Apts., 811 S.W.2d 942, 944 (Tex.1991). ................. 10
Green v. Green, 424 S.W.2d 479, 481 (Tex.Civ.App.-Tyler 1968, no writ); ............ 10
In Re: Texas Department of Family and Protective Services, Realtor, Case 01–13–
00623–CV (Tex. App. – Houston [1st Dist.], Oct. 11, 2013) ................................ 11
Third Amended Motion for Rehearing | Nelson v. Nelson | 01-13-00816-CV Page iii
Kastleman, v. Kastleman; Case 03-13-00133-CV (Tex. App. – Austin [3rd Dist.], Oct.
23, 2014)(Before Justices Puryear, Rose, and Goodwin; On Motion For
Rehearing; Supplemental Opinion) .......................................................................... 5
Nabelek v. City of Houston, Case 01-06-01097-CV (Tex. App. – Houston [1st Dist.],
Nov. 26, 2008) ........................................................................................................ 14
Primate Constr., Inc. v. Silver, 884 S.W.2d 151, 153 (Tex. 1994) (citation omitted).
................................................................................................................................ 14
Rabbit Creek Oil Co. v. Shell Pet. Corp., Tex. Civ. App. 66 S.W.2d 737 .................. 4
Smith v. Amarillo Hosp. Dist., 672 S.W.2d 615, 617 (Tex.App.-Amarillo 1984, no
writ) ........................................................................................................................ 11
St. Louis & S.F.R. Co. v. Hale, 109 Tex. 251, 206 S.W. 75 (1918) .......................... 12
State v. Blue Diamond Oil Corp., Tex. Civ. App. 76 S.W.2d 852 .............................. 4
State v. Bristol Hotel Asset Co., 65 S.W.3d 638, 642–43 (Tex. 2001) (citation
omitted)..................................................................................................................... 9
Texaco, 925 S.W.2d at 590......................................................................................... 13
Turner v. Turner, No. 14-98-00510-CV, 1999 WL 33659, at *3 (Tex. App.—
Houston [14th Dist.], Jan. 28, 1999, no pet.) ......................................................... 10
Walling v. Metcalfe, 863 S.W.2d 56, 58 (Tex.1993).................................................. 10
Wilson v. Dunn No. C-7796. 800 S.W.2d 833 (1990) ................................................ 14
STATUTES
Tex. Fam. Code § 153.001 ........................................................................................... 6
Tex. Fam.Code § 153.502(a-1) .................................................................................... 6
RULES
Tex. R. App. P. 34.6(f) ................................................................................................. 4
Tex. R. C. P. Rule 266 ................................................................................................ 14
Tex. R. Civ. P. 107 ....................................................................................................... 9
Tex. R. Civ. P. 21a ....................................................................................................... 3
Tex. R. Civ. P. 34.6(f)(4) ............................................................................................. 3
Tex. R. Civ. P. Rule 106............................................................................................... 9
Tex. R. Civ. P. Rule 124............................................................................................. 13
Tex. R. Civ. P. Rule 99(a) .......................................................................................... 14
Tex.R.Civ.P. 239a ........................................................................................................ 3
Third Amended Motion for Rehearing | Nelson v. Nelson | 01-13-00816-CV Page iv
CONSTITUTIONAL PROVISIONS
Tex. Const. Article I § 30(2) ........................................................................................ 6
Statement of the Case
Nature of the case Divorce with children
Trial court 308th District Court
Judge James Lombardino
(sitting as 312th District Court) 1
Trial court Retaka petitioned for divorce, demanded a jury, and paid
proceedings the jury fee. 2 On the day of the final pretrial hearing,
Shannon amended an earlier motion for sanctions. She
requested the striking of Retaka’s jury demand and
pleadings. 3
Trial court The trial court struck Retaka’s jury demand and petition
disposition and realigned Shannon as petitioner and Retaka as
respondent.4 Following a bench trial, the trial court
rendered a final decree that appointed as Shannon sole
managing conservator of the couple’s two children. 5
1
C.R. at 1323–24.
2
C.R. at 40–45, 657–660.
3
C.R. at 1513–1515.
4
5 R.R. 61:7–8, 99:17–22.
5
C.R. at 1523–63 (decree), C.R. 1525 (appointment).
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Statement on Oral Argument
Retaka does not believe that oral argument is necessary.
Third Amended Motion for Rehearing | Nelson v. Nelson | 01-13-00816-CV Page vi
Issues Presented
Retaka’s statement of the issues presented on rehearing are:
I. The trial court erred in rendering a judgment and order sustaining contest to
pauper’s oath without notice and hearing.
II. The trial court erred in rendering a final divorce decree without proper service
of the counter-petition and citation.
Third Amended Motion for Rehearing | Nelson v. Nelson | 01-13-00816-CV Page vii
Glossary
This term: Refers to:
C.R. at x Court-ordered clerk’s record (filed Dec. 4, 2013)
at page x
JanRR xx:yy Reporter’s record of Jan. 29, 2013, hearing (filed
Feb. 19, 2014) at page x line yy
Retaka Appellant Retaka Romeo Nelson
x R.R. yy:zz Reporter’s record (filed Jan. 23, 2014) at volume
x, page yy, line zz
Shannon Appellee Shannon Brochette Nelson
Third Amended Motion for Rehearing | Nelson v. Nelson | 01-13-00816-CV Page viii
I. THE TRIAL COURT ERRED IN RENDERING A JUDGMENT AND ORDER
SUSTAINING CONTEST TO PAUPER’S OATH WITHOUT NOTICE AND HEARING.
Statement of Facts
Retaka filed an affidavit of indigence along with his original divorce
petition. The district clerk responded by sending notice of hearing to contest
Retaka’s affidavit. Retaka used his sister’s address on the filings while he lived
elsewhere. All court-related mail sent to him at his sister’s address was returned to
sender as unknown. As a result he was unaware of the hearing and did not attend.
The trial court sustained the contest by default judgment and order. Retaka was
unable to challenge the sustained contest for abuse of discretion on appeal because
the affidavit was missing as well as any transcript of the March 28, 2012 contest
hearing. The order sustaining the contest was not signed on the 28th, it was signed
on the 30th. The opinion suggested that trial court could sanction Retaka regardless
of a new affidavit of indigence on the basis that the contest to his affidavit of
indigence had already been sustained.
Summary of Argument
The default judgment and order sustaining contest to pauper’s oath is void
or voidable for lack of notice and hearing. Lack of notice is shown on the face of
the record. There is no transcript of the contest hearing, and thus no proof of an
actual hearing. This fundamental error is a due process violation. Therefore,
Third Amended Motion for Rehearing | Nelson v. Nelson | 01-13-00816-CV Page 1
indigence was established as a matter of law by the filing of his initial and
subsequent uncontested affidavits of inability to pay amicus fees, he was entitled
to a jury trial, and striking his jury demand, pleadings, and rendering judgment
after a bench trial was reversible error.
Argument
A. NO PROOF OF NOTICE
Retaka did not receive notice of the contest hearing because all mail sent to
his address on file, sent between February 8, 2012 to October 21st, was returned as
“return to sender – attempted – not known – unable to forward”.6,7,8,9,10 The
following mailed on February 23, 2012 would have been returned to sender:
• district clerk’s contest of affidavit of indigence (C.R. at 122-24)
• notice of hearing (C.R. at 125)
• proposed judgment and order sustaining contest to pauper’s oath (C.R. at 126)
• certificate of service (C.R. at 127)
Mere “notice left” per Track & Confirm® 11,12 was rebutted 13,14 later as
“unclaimed” 15 in a heard motion 16,17. Even still, there was ample testimony that he
never lived there, that his sister no longer lived there, and thus did not appear18.
6
C.R. at 120-21 (District Clerk mailed out Feb. 15, 2012 and returned Feb 19th.)
7
C.R. at 212-13 (District Clerk mailed out Feb. 8, 2012 and returned Feb 11th.)
8
C.R. at 688-89 (District Clerk mailed out Oct. 5, 2012 and returned Oct 17th.)
9
C.R. at 706 (District Clerk mailed out Oct. 17, 2012 and returned Oct 21th.)
10
C.R. at 707 (District Clerk mailed out Oct. 5, 2012 and returned Oct 17th.)
11
C.R. at 1850
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Recitations in the judgment will not prove service when the record contains no
independent evidence of service, such as a return.” State v. Bristol Hotel Asset Co.,
65 S.W.3d 638, 642–43 (Tex. 2001) (citation omitted). Retaka never received any
postcard notice of the judgment and order sustaining contest as required.19
B. NO PROOF OF HEARING
The lost affidavit of indigence and March 28, 2012 contest hearing transcript
cannot be replaced by agreement of the parties. Tex. R. Civ. P. 34.6(f)(4) See
emails. (Appendix Tab B). Shannon already thwarted Retaka’s motion for lost and
destroyed records in open court. (9 R.R. 46:24-47:2.). The appeals court
ORDERED (“the remainder of the reporter’s record shall be filed in this court
no later than February 28, 2014”)(Appendix Tab D). Still, there’s no affidavit,
no transcript, and no proof that an actual contest hearing occurred.
12
Judicially notice that “Return Receipt Electronic records are kept for two years from the date
of mailing.” http://faq.usps.com/?articleId=219152 ; USPS tracking No.
70110470000212857690
13
Frederick v. Sebastian, Case 01-13-00727-CV (Tex. App. – Houston [1st Dist.], Oct. 21,
2014), holding (“…certified mail envelope reflects that the post office “notified”… and then
returned the item as “unclaimed”…The returned envelope bearing the post office’s “unclaimed”
mark is sufficient to rebut the presumption of service. See Approximately, 261 S.W.3d at 189;
Etheredge, 169 S.W.3d at 382; Rabie, 982 S.W.2d at 197”)
14
Tex. R. Civ. P. 21a (“Nothing herein shall preclude any party from offering proof that the
notice or instrument was not received…and upon so finding, the court may extend the time for
taking the action required of such party or grant such other relief as it deems just.”)
15
C.R. at 1691, 1698
16
C.R. at 1687-1708
17
9 R.R. 11:15-19 File name in the record is “RR (VOL 09 OF 9) FLD 012314.pdf”
18
1 R.R. 6:18-32:25. (June 11, 2012 hearing. at record “RR (VOL 01 OF 03) FLD 022614.pdf”)
19
Tex.R.Civ.P. 239a
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The order sustaining the contest should be vacated and a new trial granted
because the lost items were necessary to the appeals resolution. Tex. R. App. P.
34.6(f). Retaka and the appeals court requested the affidavit and transcript.
REQUESTS FOR LOST AFFIDAVIT OF INDIGENCE
The Request for Documents to Be Included In Clerk's Record (C.R. at 2399-
2427) requested “Petitioner's Pauper's Oath, filed about January 21, 2012.” (C.R. at
2421.) The Appeals Court Orders for Clerks Record (C.R. at 1760, C.R. at 2426)
requested affidavits of indigence and documents at Appellant’s request (Appendix
Tab C; Appendix Tab D). The affidavit was timely requested.
REQUESTS FOR LOST TRANSCRIPT OF CONTEST HEARING
The Request to Prepare Reporter's Record Reporters Record (C.R. at 2394-
2398), requested “March 28, 2012 Hearing Transcript (C.R. at 2396) The emails to
court reports requested supplementation. (Appendix Tab B). The transcript was
timely requested.
C. FUNDAMENTAL ERROR OF DUE PROCESS VIOLATION
Where the statute requires notice and hearing, such prerequisite is
jurisdictional, and its omission renders the order void. Rabbit Creek Oil Co. v.
Shell Pet. Corp., Tex. Civ. App. 66 S.W.2d 737; State v. Blue Diamond Oil Corp.,
Tex. Civ. App. 76 S.W.2d 852
Third Amended Motion for Rehearing | Nelson v. Nelson | 01-13-00816-CV Page 4
Retaka may raise fundamental error for the first time in this motion for
rehearing. 20 See Kastleman, v. Kastleman; Case 03-13-00133-CV (Tex. App. –
Austin [3rd Dist.], Oct. 23, 2014)(Before Justices Puryear, Rose, and Goodwin; On
Motion For Rehearing; Supplemental Opinion). Failure to give notice violates "the
most rudimentary demands of due process of law." Armstrong v. Manzo,380 U.S.
545, 550, 85 S.Ct. 1187, 1190, 14 L.Ed.2d 62 (1965)
D. ANY CRADDOCK REQUIREMENTS
NOT INTENTIONAL OR THE RESULT OF CONSCIOUS INDIFFERENCE
Failure to receive notice, and appear, on March 28, 2012 to answer the
contest to his affidavit was not intentional or the result of conscious indifference.
Had he known that mail was being returned he would have updated his address.
MERITORIOUS DEFENSE
Craddock requires a defendant who has suffered a default judgment to set
up, but not prove, a meritorious defense. See Ferguson & Co. v. Roll, 776 S.W.2d
692, 698 (Tex.App.—Dallas 1989, no writ) (citing Ivy v. Carrell, 407 S.W.2d 212,
213 (Tex.1966)). See Craddock v. Sunshine Bus Lines, Inc., 134 Tex. 388, 133
S.W.2d 124 (1939)
20
Phifer v. Nacogdoches County Cent. Appraisal Dist., 45 S.W.3d 159, 166 (Tex. App.-Tyler
2000, pet. denied) (new argument asserting lack of jurisdiction could be raised for first time in
motion for rehearing)
Third Amended Motion for Rehearing | Nelson v. Nelson | 01-13-00816-CV Page 5
The affidavit’s attestations of inability to pay served as a meritorious defense
to any court presumption that he could pay filing fees and future amicus fees as
security. Retaka could have shown at the contest hearing that he was receiving
government entitlement from February 5, 2012 to July 31st. (C.R. at 1704-05). On
reversal he could show that the court was not justified in upholding the contest.
Retaka was not intentionally avoiding service and notice of the contest
hearing. He was living in a [domestic violence] shelter21 after Shannon had
received a ticket from the Sheriff's Office for physically assaulting him22,23,24,25.
Shannon admitted to assaulting Retaka. 26. Fleeing family violence with his
children to provide a nonviolent environment for his children was statutory and
public policy, and constitutional. 27,28,29
NO UNDUE DELAY OR INJURY
Vacating the order sustaining contest to Retaka’s initial affidavit would not
cause undue delay or injury. 30 It would not cause him any undue delay or injury
21
1 R.R. 13:14-12 (June 11, 2012 hearing. at record “RR (VOL 01 OF 03) FLD 022614.pdf”)
22
1 R.R. 30:23-25 (June 11, 2012 hearing. at record “RR (VOL 01 OF 03) FLD 022614.pdf”)
23
06B R.R.156-56 (June 11, 2013 trial evidence “RR (VOL 06B OF 9) FLD 012314.pdf”)
24
06B R.R.161-61 (June 11, 2013 trial evidence “RR (VOL 06B OF 9) FLD 012314.pdf”)
25
C.R. at 1770 (certified copy of 06B R.R. 161-61)
26
1 R.R. 88:13-95:6 (June 11, 2012 hearing. at record “RR (VOL 01 OF 03) FLD 022614.pdf”)
27
Tex. Fam. Code § 153.001
28
Tex. Fam.Code § 153.502(a-1)
29
Tex. Const. Article I § 30(2)
30
Craddock, 1331 at S.W.2d 126
Third Amended Motion for Rehearing | Nelson v. Nelson | 01-13-00816-CV Page 6
because it will assist the appeal.31 It would not cause Shannon any undue delay or
injury because she is currently sole managing conservator. 32 It would not cause the
contest-clerk any undue delay or injury because he is not an interested party in the
case.
II. THE TRIAL COURT ERRED IN RENDERING A FINAL DIVORCE DECREE
WITHOUT PROPER SERVICE OF THE COUNTER-PETITION AND CITATION
Statement of Facts
Retaka filed an affidavit of indigence along with his original divorce
petition. Shannon responded by serving her counter-petitioner via alternative
service. Retaka used his sister’s address on the filings while he lived elsewhere.
All court-related mail sent to him at his sister’s address was returned to sender as
unknown. Retaka did not receive Shannon’s divorce papers. As a result he was
unaware of Shannon’s court actions until later. The trial court signed an order
determining that the alternative service was defective. It eventually struck
Retaka’s pleadings and jury demand and signed the final divorce decree.
Summary of Argument
The Court should make a determination as to whether the trial court truly
had jurisdictional authority to render a final judgment on the parties. When the
31
Director, State Employees Workers' Compensation Div. vs. Evans, 889 S.W.2d 266, 270 (Tex.
1994)
32
Dolgencorp. Vs. Lerma, 288 S.W.3d 922, 929 (Tex. 2009)
Third Amended Motion for Rehearing | Nelson v. Nelson | 01-13-00816-CV Page 7
trial court issued a signed order determining that Retaka was not properly served
Shannon’s counter-petition and citation, and then subsequently struck his
pleadings, Retaka did not voluntarily generally appear and participate at the final
trial on any question subject to his running objection to jurisdiction. Shannon was
still required to properly serve Retaka prior to rendition of the final judgment
because did not generally appear in the main suit and participate.
Argument
A. FUNDAMENTAL ERROR OF DUE PROCESS VIOLATION
NO PROOF OF SERVICE UPON THE FACE OF THE RECORD
The Final Decree should be reversed because there can be no judgment
without service of Shannon’s counter-petition or citation. Tex. R. Civ. P. Rule 124
Shannon’s divorce counter-petition prayed "that citation and notice be
issued as required by law" (C.R. at 56 ¶ 18). On August 17, 2012, the trial court
signed an order (Appendix Tab P; See also C.R. at 370-72 ¶¶ 5-9) with written
findings that the service address listed on the following documents were defective:
• order granting alternative service (C.R. at 245-46)
• citation (C.R. at 260); See also (C.R. at 303)
• process server's affidavit (C.R. at 261)
• return of service (C.R. at 260); See also (C.R. at 303)
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The trial court found that “Retaka, did not receive proper service and notice
of Shannon’s citation, counter-original petition for divorce, order granting
alternative service, and temporary restraining order, in accordance to the Texas
Rules of Civil Procedure.” (C.R. at 370-72 ¶ 10) (“Where citation is executed by
an alternative method as authorized by Rule 106, proof of service shall be made in
the manner ordered by the court.”) See Tex. R. Civ. P. 107. (“When a trial court
orders substituted service under Tex. R. Civ. P. Rule 106, the only authority for the
substituted service is the order itself.”) Dolly v. Aethos Commc’ns Sys., Inc., 10
S.W.3d 384, 388 (Tex. App.—Dallas 2000, no pet.); Broussard v. Davila, 352
S.W.2d 753, 754 (Tex. Civ. App.—San Antonio 1961, no writ).
Shannon then misstated this material fact to prevent the trial court
from vacating the final decree. 33 (“It seems that the basis of Mr. Nelson's
motion to vacate is a lack of notice or service of the -- of my client's counter-
petition for divorce, Your Honor. It was effective via substituted service.”)
Recitations in the judgment will not prove service when the record contains
no independent evidence of service, such as a return.” State v. Bristol Hotel Asset
Co., 65 S.W.3d 638, 642–43 (Tex. 2001) (citation omitted).
Based on the trial court’s written findings of defects in service of process,
and this court’s opinion that the trial court was justified in striking Retaka’s
33
9 R.R. 10:22-25 File name in the record is “RR (VOL 09 OF 9) FLD 012314.pdf”
Third Amended Motion for Rehearing | Nelson v. Nelson | 01-13-00816-CV Page 9
pleadings, there was no live, valid citation and petition or counter-petition on
which the trial court could render final judgment. The final judgment should be
reversed because of defective service on the “face of the record”. Gen. Elec. Co. v.
Falcon Ridge Apts., 811 S.W.2d 942, 944 (Tex.1991).
B. NO WAIVER OF SERVICE
ANCILLARY APPEARANCE IS NOT GENERAL APPEARANCE IN THE MAIN SUIT
Retaka appeared in ancillary matters on his own petition up until the day
trial court struck his pleadings on June 6, 2013. See Tex. R. Civ. P. Rule 124.
(“When a party asserts a counterclaim or a cross-claim against another party who
has entered an appearance”). However, appearing in matters ancillary and prior to
the main suit does not constitute a general appearance in the main suit. See, e.g.,
Turner v. Turner, No. 14-98-00510-CV, 1999 WL 33659, at *3 (Tex. App.—
Houston [14th Dist.], Jan. 28, 1999, no pet.) (“Here, because the temporary
injunction hearing was related to an ancillary matter which did not resolve the
issues of law or fact alleged in the underlying suit, we conclude counsel's
appearance and participation did not constitute a general appearance.”) See Cf.
Perkola v. Koelling & Assocs., Inc., 601 S.W.2d 110, 112 (Tex.Civ.App.-Dallas
1980, writ dism'd) See also •Green v. Green, 424 S.W.2d 479, 481 (Tex.Civ.App.-
Tyler 1968, no writ); •See also Walling v. Metcalfe, 863 S.W.2d 56, 58 (Tex.1993).
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A general appearance is normally in the form of an answer to the claims made in
the suit. Cotton v. Cotton, 57 S.W.3d 506, 511 (Tex. App.--Waco 2001, no pet.)
MERE PRESENCE IN THE COURTROOM IS NOT AN APPEARANCE
Retaka in no way recognized that the cause was properly pending or that the
court had jurisdiction at trial. See In Re: Texas Department of Family and
Protective Services, Realtor, Case 01–13–00623–CV (Tex. App. – Houston [1st
Dist.], Oct. 11, 2013):
To constitute an answer or appearance, one must seek judgment or
adjudication on some question; although an act may relate to a pending case,
“it does not constitute a general appearance if it in no way recognizes that
the cause is properly pending or that the court has jurisdiction, and no
affirmative action is sought from the court.” Invs. Diversified Servs., Inc. v.
Bruner, 366 S.W.2d 810, 815 (Tex. Civ. App.—Houston 1963, writ ref’d
n.r.e.), quoted in Dawson-Austin v. Austin, 968 S.W.2d 319, 322 (Tex.
1998). “The emphasis is on a request for affirmative action, which impliedly
recognizes the court’s jurisdiction over the parties, since the mere presence
of a party or his attorney in the courtroom at the time of a hearing or a trial,
where neither participates in the prosecution or defense of the action, is not
an appearance.” See Seals v. Upper Trinity Reg’l Water Dist., 145 S.W.3d
291, 297 (Tex. App.—Fort Worth 2004, pet. dism’d).
See also Cotton v. Cotton, Case 10-00-338-CV (Tex. App. – Waco [10th
Dist], Aug. 22, 2001) – citing Smith v. Amarillo Hosp. Dist., 672 S.W.2d 615, 617
(Tex.App.-Amarillo 1984, no writ). The Amarillo Court concluded that (“Smith
did not make a general appearance. He did nothing except sit at the counsel table,
at the court's request, after being called forward, apparently from the audience.
He filed no pleadings, neither took nor requested affirmative action and did not
Third Amended Motion for Rehearing | Nelson v. Nelson | 01-13-00816-CV Page 11
participate in anything that occurred. He was, at best, a silent figurehead observing
the proceedings. Thus, the trial court did not have personal jurisdiction over him
and its judgment against him is a nullity.”) Likewise, this Court’s opinion held
that Retaka did not participate in the trial.
NO VOLUNTARY GENERAL APPEARANCE IN THE MAIN SUIT
Retaka sat in the courtroom audience. When the trial court called him
forward involuntarily, he objected to announcing ready. 34 He mainly objected on
the grounds that the entire cause was in the wrong courtroom. 35 That it should have
been in Court No. 312 instead of 308. The trial court overruled his objections to
jurisdiction. It also overruled his objection to announcing ready. It then noted his
subsequent running objections on the same grounds.36 Thus any general
appearance was involuntary. The trial court acknowledged Retaka’s appearance as
involuntary when it signed the final decree as (“who appeared pro se, made a
general appearance, and appeared at trial over objection of petitioner”). (C.R. at
1523.) See St. Louis & S.F.R. Co. v. Hale, 109 Tex. 251, 206 S.W. 75 (1918)(“a
general appearance occurs when the party “invokes the judgment of the court in
any way on any question other than that of the court's jurisdiction, without being
compelled to do so by previous ruling of the court sustaining the jurisdiction.”) –
34
(6 R.R. 7:11–17:25.) File name in the record is “RR (VOL 06 OF 9) FLD 012314.pdf”
35
(C.R. at 1323-1325)
36
(6 R.R. 1 8 : 2 2 –19:22.) File name in the record is “RR (VOL 06 OF 9) FLD 012314.pdf”
Third Amended Motion for Rehearing | Nelson v. Nelson | 01-13-00816-CV Page 12
citing Accord, Toler v. Travis County Child Welfare Unit, 520 S.W.2d 834, 836
(Tex.Civ.App.-Austin 1975, writ ref'd n.r.e.); • 2 R. McDonald, Texas Civil
Practice § 9.04.C (1982).
NO PARTICIPATION IN ‘THE DECISION-MAKING EVENT’ THAT RESULTED IN
JUDGMENT ADJUDICATING THE APPELLANT'S RIGHTS
Any mere written statement that Retaka had made a general appearance for
all purposes does not rise to the level of participation at trial. See Texaco, 925
S.W.2d at 590. In Texaco, the Texas Supreme Court rejected the court of appeals'
holding that the appellant participated at trial when it made a general appearance
by announcing that it was ready for trial and announcing settlement. As stated,
supra, this Court’s opinion held that Retaka did not participate in the trial.
NO ANSWER FILED AS TO THE COUNTER-CLAIMS
Shannon admitted at the final pretrial hearing that Retaka did not file an
answer to her counter-claims. 37
C. ANY CRADDOCK REQUIREMENTS
NOT INTENTIONAL OR THE RESULT OF CONSCIOUS INDIFFERENCE
Service was Shannon’s responsibility. Personal service of Shannon’s
counter-petition was not required. Tex. R. Civ. P. Rule 124. However, she did not
37
(5 R.R. 100:6–7.) File name in the record is “RR (VOL 05 OF 9) FLD 012314.pdf”
Third Amended Motion for Rehearing | Nelson v. Nelson | 01-13-00816-CV Page 13
reattempt service in any manner under Tex. R. Civ. P. Rule 21a. See Nabelek v.
City of Houston, Case 01-06-01097-CV (Tex. App. – Houston [1st Dist.], Nov. 26,
2008) – citing Primate Constr., Inc. v. Silver, 884 S.W.2d 151, 153 (Tex. 1994)
(citation omitted). ("It is the responsibility of the one requesting service … to see
that service is properly accomplished.") See also Tex. R. Civ. P. Rule 99(a). In
Wilson v. Dunn (“Dunn actually received the suit papers and actually knew of the
pendency of the suit...Actual notice to a defendant, without proper service, is not
sufficient to convey upon the court jurisdiction”) Wilson v. Dunn No. C-7796. 800
S.W.2d 833 (1990)
Retaka had no duty to participate at trial. (“A party who has
acquired knowledge but was not properly served has no duty to participate in the
proceedings.”) See Caldwell II, 154 S.W.3d at 97 n.1. See also Wilson v. Dunn,
800 S.W.2d 833, 837 (Tex. 1990)(“[M]ere knowledge of a pending suit does not
place any duty on a defendant to act.”). He did not submit Jury questions, however
“the distinction between oral and written questioning is virtually meaningless.”
Carr v. Smith, 22 S.W.2d 3d 128 (Tex.App. –Fort Worth, 2000, pet. denied)
MERITORIOUS DEFENSE
In the event Retaka and Shannon cannot reach an agreement on decisions
regarding custody, visitation, and support (C.R. at 42 § V.5.), R e t a k a will
establish key affirmative defenses to Shannon’s claims. Tex. R. C. P. Rule 266.
Third Amended Motion for Rehearing | Nelson v. Nelson | 01-13-00816-CV Page 14
He will also remind the trial court of its pending sanction against Shannon by
contempt for perjury. (1 R.R. 56:7–57:8)38 See footnote No. 37. He will remind
the court of his own material claims (1 R.R. 8:10–24)39 See also footnote No. 38.
Above all, Retaka would address every ground in Shannon’s amended motion for
sanctions that the trial court relied on to strike his jury demand and pleadings.
NO UNDUE DELAY OR INJURY
Vacating the final divorce decree would not cause undue delay or injury. It
would not cause Retaka any undue delay or injury because it will assist the appeal.
It would not cause Shannon any undue delay or injury because she is currently sole
managing conservator.
Conclusion
The judgment and order sustaining contest to pauper’s oath was a default
judgment because notice was not received. The transcript is missing and so is the
affidavit of indigence although properly requested. Thus there is no proof that an
actual contest hearing ever occurred to rebut the “missing” affidavit. Vacating the
judgment and order sustaining the contest would effectually cause vacation of the
sanction order that struck Retaka’s jury demand and pleadings.
38
File name in the record is “RR (VOL 01 OF 01-Hearing 100212) FLD 021914.pdf”
39
File name in the record is “RR (VOL 01 OF 01-Hearing 100212) FLD 021914.pdf”
Third Amended Motion for Rehearing | Nelson v. Nelson | 01-13-00816-CV Page 15
The final divorce decree was rendered on a stricken petition and a court-
determined defectively served counter-petition. Retaka did not voluntarily
generally appear neither participated at trial. Both judgments and orders should be
vacate or reversed for lack of due process.
Relief
This Court should grant this motion for rehearing, withdraw its opinion and
judgment of March 12, 2015, and issue a new opinion and a new judgment in their
stead. This court should vacate the order sustaining contest to affidavit of
indigence, reverse the trial court's judgment and remanding the case for a new jury
trial. However, if the trial court had no authority to rule over the parties, this court
should vacate the trial court's judgment and dismiss trial cause 2012-04063 but do
not dismiss this appeal case 01-13-00816-CV.
Prayer
WHEREFORE, Appellant prays that the Court grant the relief requested
herein and such further relief, at law or in equity, to which it may be entitled.
Respectfully Submitted,
/s/ Retaka Nelson
Retaka Nelson
P.O. Box 7367
Los Angeles, CA 90007
Tel: (832) 590-9295
Email: thetakesta@gmail.com
Appellant-Petitioner, Pro Se
Third Amended Motion for Rehearing | Nelson v. Nelson | 01-13-00816-CV Page 16
Certificate of Compliance
Pursuant to Tex. R. App. P. 9.4, this is a computer-generated document that
may be subject to a word limit under this rule. I hereby certify that the number of
words in this document are 4,059. I have relied on the word count of the computer
program used to prepare the document.
In calculating the length of this document, every word and every part of the
document, including headings, footnotes, and quotations, have been counted except
the following: caption, identity of parties and counsel, statement regarding oral
argument, table of contents, index of authorities, statement of the case, statement
of issues presented, statement of jurisdiction, statement of procedural history,
signature, proof of service, certification, certificate of compliance, and appendix.
/s/ Retaka Nelson
Retaka Nelson
Certificate of Conference
Pursuant to Texas Rule of Appellate Procedure 49.12, a certificate of
conference is not required for a motion for rehearing or en banc reconsideration of
a panel's decision.
/s/ Retaka Nelson
Retaka Nelson
Third Amended Motion for Rehearing | Nelson v. Nelson | 01-13-00816-CV Page 17
Certificate of Service
I certify that a true copy of the all documents herein were served in
accordance with rule 9.5 of the Texas Rules of Appellate Procedure on each party
or that party’s lead counsel as follows:
Shannon Brochette Nelson Via Shari Goldsberry
PO Box 57765
Webster, TX 77598
Ph: (832) 240-6911
Email: sbnelson31@yahoo.com
Appellee
Shari Goldsberry Via E-Serve on 4/13/015
Texas Bar No. 24038398
Marina Bay Dr. Suite #108
League City, TX 77573
Ph: (281) 533-3030
Fx: (281) 533-3033
Email: shari@goldsberrylaw.com
Attorney for Appellee
A copy of this notice is being filed with the appellate clerk in accordance
with rule 25.1(e) of the Texas Rules of Appellate Procedure.
/s/ Retaka Nelson
Retaka Nelson
Third Amended Motion for Rehearing | Nelson v. Nelson | 01-13-00816-CV Page 18
Unsworn Declaration
(Texas Civil Practice and Remedies Code, Section 132.001)
My name is: Retaka Romeo Nelson. My date of birth is 01/05/1977, and my
mailing address is: P.O. Box 7367, Los Angeles, CA 90007, Los Angeles County,
United States of America. I declare under penalty of perjury that all information in
this unsworn declaration and first amended motion for rehearing, and the attached
documents is/are true and correct and within my personal knowledge.
Signed in Los Angeles County, CA,
On this date: 04/14/2015
/s/ Retaka Nelson
Retaka Nelson
Pursuant to Texas Civil Practice and Remedies Code Section 132.001, an unsworn
declaration may be used in lieu of a written sworn declaration, verification,
certification, oath, or affidavit required by statute or required by a rule, order, or
requirement adopted as provided by law. This provision does not apply to an oath
of office or an oath required to be taken before a specified official other than a
notary public. An unsworn declaration made under this section must be 1) in
writing, 2) signed by the person making the declaration as true under penalty of
perjury and 3) in substantially the form used above.
Third Amended Motion for Rehearing | Nelson v. Nelson | 01-13-00816-CV Page 19
Appendix
Tab Contents
A Order Sustaining Contest to Affidavit
B Disagreements on Lost Records
C First District Court Order to File Record
D Requests and Order to Supplement
E Tex. Fam. Code 153.001 and 153.502(a-1)
F Tex. R. App. P. 34.6
G Tex. R. Civ. P.266
H Tex. R. Civ. P.107
I Tex. R. Civ. P.21a
J Tex. R. Civ. P. 106
K Tex. R. Civ. P. 124
L Tex. R. Civ. P. 99(a)
M Tex. R. Civ. P. 239a
N Tex. Const. Art. I sec 30(2)
O Final Decree of Divorce
P Signed Order of Written Findings of
Defective Service of Counter-Petition and
Citation
Third Amended Motion for Rehearing | Nelson v. Nelson | 01‐13‐00816‐CV Page 20
Appendix Tab A:
Judgment and Order
Sustaining Contest to Pauper’s Oath
NO. 2012-04063
RET AKA ROMEO NELSON § IN THE DISTRICT COURT OF
§
v. § H~SCOUNTY,TEXAS
§
SHANNON BROCHETTE NELSON § 312TH JUDICIAL DISTRICT
JUDGMENT AND ORDER SUSTAINING CONTEST TO PAUPER'S OATH
BE rt REMEMBERED that on this day, 3/z. .r . , 20 I 'l, , came on to be heard the
Contest to the Affidavit of Inability to pay filing fees or post a Cost Bond of Affiant, in the above numbered and
entitled cause. The Court, after considering the evidence and the argument of counsel, finds that Affiant
RET AKA ROMEO NELSON is able to pay all filing fees, or to give security therefore, that the affidavit was
not filed in good faith and that such contest should be and is hereby sustained. Affiant was notified by certified
mail return receipt requested and regular mail.
IT IS THEREFORE, ORDERED, ADJUDGED and DECREED, that the Contest to the Affidavit of Affiant
RET AKA ROMEO NELSON to proceed in this matter without payment of the filing_ fees or any part .thereof, or
to give security therefore is SUSTAINED.
· IT IS FURTHER ORDERED that the District Clerk of Harris County shall not proceed to process any
further actions or settings on this case unless and until the Affiant RETAKA ROMEO NELSON pays in full all
filing fees in the amount of $262.00 plus any and all costs incurred in the process of this case. Affiant shall pay
the above.fees and costs on or before date ¢ p i n the event, the District Clerk of Harris County dOes
~ot receive payment for all fees and costs on or before (date) ~ the c~se shall be dismissed without
prejudice. Upon dismissal, the District Clerk of Harris County shall have a Judgment against Affiant RETAKA
ROMEO NELSON in the amount of $262.00 for all costs and filing fees, together with the legal interest rate.
'
I
259
Appendix Tab B:
Emails Regarding Disagreements on
Replacing Lost and Destroyed Records
Taka Take
Fwd: Shannon's Trial & Appellate Attorney
1 message
Taka Take Sat, Mar 29, 2014 at 6:38 PM
To: Leif Olson
Forwarded message
From: Shari Goldsberry
Date: Sun, Dec 8, 2013 at 3:40 PM
Subject: Re: Shannon's Trial & Appellate Attorney
To: thetakesta
I only represent her on appeal.
Sent from my iPhone
On Dec 8, 2013, at 3:02 PM, thetakesta wrote:
Cause No. 201204063
Appellate Case No. 011300816
Mrs. Goldsberry,
Are you both Shannon's Appellate Attorney and her Trial Attorney? Or is Mrs. Tewal still her Trial
Attorney?
Regarding Lost and Destroyed Records, as well as Original Records on Appeal, I may need to file a
motion with the trial court, and I need to know which attorney to serve trial court notices on.
Also if you are Shannon's new trial attorney, can you ask Shannon if she is interested in signing an
Agreed Motion to Seal Trial Court Records from public view.
/s/ Retaka Nelson
Date: 12/8/2013
Taka Take
Fwd: Stipulations
1 message
Taka Take Sat, Mar 29, 2014 at 6:37 PM
To: Leif Olson
Do you oppose
On Wed, Dec 4, 2013 at 2:46 PM, Shari Goldsberry wrote:
We make no agreements regarding stipulations.
Thank you,
Shari
Sent from my iPhone
Appendix Tab C:
First District Court Order to File Record
CHRIS DANIEL
HARRIS COUNTY DISTRICT CLERK
CIVIL/FAMILY POST TRIAL
DATE: October 17, 2013
FILED IN
1stCOURT
FIRST COURT OF APPEALS INFORMATION SHEET BY TRIAL COURT OF APPEALS
CLERK
HOUSTON, TEXAS
10/17/2013
Note to trial court clerk: You are expected to file the clerk’s record by the 9:00:12
original due AMIf
date.
CHRISTOPHER A.
you cannot, you should advise the Clerk of the First Court of Appeals immediately in writing, PRINE
Clerk
stating the reason and the date by which the record will be filed. Generally speaking, for good
cause shown, the Court will grant no more than two extensions from the original due date,
each extension not to exceed 30 days.
Appellate Case Number 01-13-00816-CV
Trial Court Case Number: 2012-04063
Retaka Romeo Nelson vs. Shannon Brochette Nelson
Trial Court Number 308TH
______________________________________________________________________________
Information from Trial Court Clerk
The clerk’s record will be completed and filed with the appellate court clerk by the
original due date, subject to payment arrangements being made.
XXX The clerk’s record will not be filed by the original due date. (Please state reasons below)
Reason(s): We received a correspondent by way of the runner (Scott) 10/16/2013
asking to send Clerk’s record on indigence no later than (October 8, 2013); the file has
been send to Imaged department (a box) to be imaged this week. I don’t know how long it’s
going to take to get the entire filed imaged, but as soon as they finish we will send items
pertaining to indigence Affidavit. Mr. Nelson Pauper Affidavit was denied 10/02/2013.
I believe I can file the clerk’s record by , and I request an extension.
Appellant has not made payment arrangements.
Appellant has been notified that the clerk’s record is ready.
Appellant has made payment arrangements.
Clerk’s Signature: _/S/ Patricia Tippins________________________________
Patricia Tippins Civil/Family Post Trial Clerk
Harris County District Clerk
District Clerk’s LetterOnReceipt NOAatt.wpd
COURT OF APPEALS FOR THE
FIRST DISTRICT OF TEXAS AT HOUSTON
ORDER
Appellate case name: Retaka Romeo Nelson v. Shannon Brochette Nelson
Appellate case number: 01-13-00816-CV
Trial court case number: 2012-04063
Trial court: 308th District Court of Harris County
On October 4, 2013, appellant, Retaka Romeo Nelson, filed a motion challenging
the trial court’s order sustaining a contest to his affidavit of indigence. See TEX. R. APP.
P. 20.1(j)(1). The motion was filed within 10 days after appellant filed his notice of
appeal and within 10 days after the order sustaining the contest was signed. See TEX. R.
APP. P. 20.1(j)(2). Nevertheless, the trial court clerk did not file the clerk’s record related
to indigence until October 30, 2013. See TEX. R. APP. P. 20.1(j)(3) (requiring record to
be filed within three days after motion challenging order sustaining contest is filed). As a
result, we were unable to rule on the motion within 10 days after it was filed, the motion
was granted by operation of law, and appellant is entitled to proceed without advance
payment of costs. See TEX. R. APP. P. 20.1(j)(4).
The Clerk of this Court is ORDERED to make an entry in this Court’s records
that appellant is indigent and is allowed to proceed on appeal without advance payment
of costs. See TEX. R. APP. P. 20.1(k), (n).
It is further ORDERED that the District Clerk file with this Court, within 30 days
of the date of this order and at no cost to appellant, a clerk’s record containing the items
specified in Texas Rule of Appellate Procedure 34.5(a), and that the Court Reporter file
with this Court, within 30 days of the date of this order and at no cost to appellant, the
reporter’s record. See TEX. R. APP. P. 20.1(k), 35.1(a), (c).
Appellant’s brief is ORDERED filed with this Court within 30 days after the later
of the date the clerk’s record is filed or the date the reporter’s record is filed. See TEX. R.
APP. P. 38.6(a). Appellee’s brief, if any, must be filed within 30 days after the date
appellant’s brief is filed. See TEX. R. APP. P. 38.6(b).
Appellant’s “Motion to Sign Order Pursuant to Rule 20.1(J)(4)” and “Motion to
Extend Time” are DISMISSED as moot.
It is so ORDERED.
Judge’s signature:/s/ Michael Massengale
Acting individually Acting for the Court
Date: November 5, 2013
Appendix Tab D:
Requests and Orders to Supplement Record
Taka Take
RE: Request to File Omitted Exhibits Appellate Case 01130016CV;Nelson
v. Nelson
1 message
Geneva Villanueva Thu, Mar 20, 2014 at 5:08 PM
To: Taka Take
Sorry. When I checked with the exhibit warehouse, the exhibits could not be located & I have my reporter
sheet showing I filed them.
From: Taka Take
Sent:
3/
20/2014 12:56 AM
To: Leticia Salas; Geneva Pina; Hipolita Lopez; Hipolita Lopez
Subject: Request to File Omitted Exhibits ‐ Appellate Case 01‐13‐0016‐CV;Nelson v. Nelson
TO:
REPORTER HIPOLITA G. LOPEZ, and
REPORTER GENEVA M. VILLANUEVA
CC:
REPORTER LETICIA V. SALAS
RE:
Request to Supplement Omitted Exhibits from Reporter's Record, Divorce Cause 012204063; Appellate Case 01
1300816CV
Hello, I did not see any exhibits attached to the following Reporter's Records below, which I originally requested
some months ago. Please let me know what exhibits you find as soon as possible and please file the missing
exhibits, and an index list of the omitted exhibits in the First Court of Appeals before the Appellant brief is due.
HEARING 61212 (REPORTER HIPOLITA G. LOPEZ)
RR (VOL 01 OF 2) FLD 021114
HEARING 61312 (REPORTER HIPOLITA G. LOPEZ)
RR (VOL 02 OF 2) FLD 021114
HEARING 61112 (REPORTER GENEVA M. VILLANUEVA)
RR (VOL 01 OF 03) FLD 022614
HEARING 61212 (REPORTER GENEVA M. VILLANUEVA)
RR (VOL 02 OF 03) FLD 022614
HEARING 61312 (REPORTER GENEVA M. VILLANUEVA)
RR (VOL 03 OF 03) FLD 022614
Thank you
Retaka Nelson
832909295
On Wed, Mar 19, 2014 at 4:22 AM, Leticia Salas wrote:
I will match it up and check it. Also, this volume was from the trial date 6/11/13
On Mar 19, 2014 1:09 AM, "Taka Take" wrote:
Right only a portion was copied.
On Tue, Mar 18, 2014 at 7:29 AM, Leticia Salas wrote:
Okay. I will look for it.
Are you saying the whole document was not copied? Is that what you're looking for?
On Mon, Mar 17, 2014 at 10:51 PM, Taka Take wrote:
I'll try to call you at work but here is what I'm seeking...The business records from SAFE was an exhibit
admitted into evidence at trial on 6/6/13.
Inside of the multiple pages of SAFE's business records there is a page called Harris County Sheriff's
Office Citation, which is specifically page 161 of a 234 page PDF filed with the Appellate Court. All is
inside of the PDF that contains the trial exhibits.
On Mon, Mar 17, 2014 at 7:02 AM, Leticia Salas wrote:
You will need to call me at work, as I have the transcript file at work on the computer. Can you email
me what you are talking about? I don't remember having a Volume 6B.
let me know.
Email me the portion and tell me exactly what you're talking about.
Thanks,
On Wed, Mar 12, 2014 at 7:46 PM, Taka Take wrote:
Hi I will try to call tomorrow, I could not call this morning.
However if you have an evening phone I could call it.
On Wed, Mar 12, 2014 at 7:28 AM, Leticia Salas wrote:
Call me right now, it's a good time at 7137554802
On Tue, Mar 11, 2014 at 10:04 PM, Taka Take wrote:
Mrs. Salas,
Hi, did you delete the audio recordings of the hearings?
Also thank you so much for all that you do. Do you have a phone number and preferred time
where I can I call you to ask a question about page 161 of RR (Vol 06B of 9) FLD 012314.pdf?
It is very important.
Thank you,
Taka
On Tue, Mar 11, 2014 at 2:11 PM, Leticia Salas wrote:
No I don't.
On Mar 10, 2014 5:10 PM, "Taka Take" wrote:
Mrs. Salas,
Hello do you still have a copy of audio recordings of each hearing that you have
transcribed in my divorce case? The greycolored audio recorder that I used to see in
Court 308 whenever you were reporting.
Taka
The sky's the limit. Keep reaching for the stars!
Leticia V. Salas, CSRRPR
The sky's the limit. Keep reaching for the stars!
Leticia V. Salas, CSRRPR
The sky's the limit. Keep reaching for the stars!
Leticia V. Salas, CSRRPR
Taka Take
RE: NONCONCLUSIVE LIST of Hearings by Mrs Geneva, Mrs Hipolita, and Mrs
Majors on Docket Sheet
1 message
Majors, Barbara (DCA) Fri, Nov 15, 2013 at 3:39 PM
To: thetakesta
I will contact the reporters and forward your information.
From: thetakesta [mailto:thetakesta@gmail.com]
Sent: Wednesday, November 13, 2013 10:14 PM
To: Geneva Pina; Hipolita Lopez; Majors, Barbara (DCA)
Subject: NONCONCLUSIVE LIST of Hearings by Mrs Geneva, Mrs Hipolita, and Mrs Majors on Docket Sheet
Attached is a copy of the docket sheet that shows when Geneva, and Hipolita reported. This is only to help, and
is not to be considered conclusive of all hearings reported.
I cannot read who reported on 8/2/2012? Which reporter is 8/2/2012 on the docket sheet..."record by
Con___ Addison"? Who is that?
NONCONCLUSIVE LIST of Hearings
Cause 201204063, Court 312
Retaka Nelson
COURT OF APPEALS FOR THE
FIRST DISTRICT OF TEXAS AT HOUSTON
ORDER
Appellate case name: Retaka Romeo Nelson v. Shannon Brochette Nelson
Appellate case number: 01-13-00816-CV
Trial court case number: 2012-04063
Trial court: 308th District Court of Harris County
On November 5, 2013, this Court issued an order finding appellant to be indigent and
ordered the filing of the reporter’s record by December 5, 2013, at no cost to appellant. On that
date, eight court reporters filed a joint letter requesting that this Court either (i) order appellant to
limit his record request to only those matters he intends to appeal or (ii) grant the reporters until
March 5, 2014 to prepare the record requested by appellant.
The court reporters’ request is granted, in part. There is no requirement that an indigent
appellant identify his appellate issues in advance of obtaining an appellate record — indeed, a
record is usually required to determine what issues may be viable on appeal. The remainder of
the reporter’s record shall be filed in this court no later than February 28, 2014. No further
extensions will be granted absent extraordinary circumstances.
IT IS SO ORDERED.
Judge’s signature: /s/ Michael Massengale
Acting individually
Date: January 30, 2014
Appendix Tab E:
Tex. Fam. Code § 153.001
And
Tex. Fam. Code § 153.502(a-1)
FAMILY CODE
TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE
PARENT-CHILD RELATIONSHIP
SUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP
CHAPTER 153. CONSERVATORSHIP, POSSESSION, AND ACCESS
SUBCHAPTER A. GENERAL PROVISIONS
Sec.A153.001.AAPUBLIC POLICY. (a) The public policy of this
state is to:
(1)AAassure that children will have frequent and
continuing contact with parents who have shown the ability to act in
the best interest of the child;
(2)AAprovide a safe, stable, and nonviolent environment
for the child; and
(3)AAencourage parents to share in the rights and
duties of raising their child after the parents have separated or
dissolved their marriage.
(b)AAA court may not render an order that conditions the
right of a conservator to possession of or access to a child on the
payment of child support.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 751, Sec. 25, eff. Sept. 1,
1995; Acts 1999, 76th Leg., ch. 787, Sec. 2, eff. Sept. 1, 1999.
Sec.A153.002.AABEST INTEREST OF CHILD. The best interest of
the child shall always be the primary consideration of the court in
determining the issues of conservatorship and possession of and
access to the child.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Sec.A153.003.AANO DISCRIMINATION BASED ON SEX OR MARITAL
STATUS. The court shall consider the qualifications of the parties
without regard to their marital status or to the sex of the party or
the child in determining:
(1)AAwhich party to appoint as sole managing
conservator;
1
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 561, Sec. 4, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 1390, Sec. 13, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 484 (H.B. 261), Sec. 5, eff.
September 1, 2005.
SUBCHAPTER I. PREVENTION OF INTERNATIONAL PARENTAL CHILD ABDUCTION
Sec. 153.501. NECESSITY OF MEASURES TO PREVENT INTERNATIONAL
PARENTAL CHILD ABDUCTION. (a) In a suit, if credible evidence is
presented to the court indicating a potential risk of the
international abduction of a child by a parent of the child, the
court, on its own motion or at the request of a party to the suit,
shall determine under this section whether it is necessary for the
court to take one or more of the measures described by Section
153.503 to protect the child from the risk of abduction by the
parent.
(b) In determining whether to take any of the measures
described by Section 153.503, the court shall consider:
(1) the public policies of this state described by
Section 153.001(a) and the consideration of the best interest of
the child under Section 153.002;
(2) the risk of international abduction of the child by a
parent of the child based on the court's evaluation of the risk
factors described by Section 153.502;
(3) any obstacles to locating, recovering, and returning
the child if the child is abducted to a foreign country; and
(4) the potential physical or psychological harm to the
child if the child is abducted to a foreign country.
Added by Acts 2003, 78th Leg., ch. 612, Sec. 1, eff. June 20, 2003.
Sec. 153.502. ABDUCTION RISK FACTORS. (a) To determine
whether there is a risk of the international abduction of a child
by a parent of the child, the court shall consider evidence that
the parent:
(1) has taken, enticed away, kept, withheld, or concealed
a child in violation of another person's right of possession of or
access to the child, unless the parent presents evidence that the
parent believed in good faith that the parent's conduct was
necessary to avoid imminent harm to the child or the parent;
(2) has previously threatened to take, entice away, keep,
withhold, or conceal a child in violation of another person's right
of possession of or access to the child;
(3) lacks financial reason to stay in the United States,
including evidence that the parent is financially independent, is
able to work outside of the United States, or is unemployed;
(4) has recently engaged in planning activities that
could facilitate the removal of the child from the United States by
the parent, including:
(A) quitting a job;
(B) selling a primary residence;
(C) terminating a lease;
(D) closing bank accounts;
(E) liquidating other assets;
(F) hiding or destroying documents;
(G) applying for a passport or visa or obtaining
other travel documents for the parent or the child; or
(H) applying to obtain the child's birth certificate
or school or medical records;
(5) has a history of domestic violence that the court is
required to consider under Section 153.004; or
(6) has a criminal history or a history of violating
court orders.
(a-1) In considering evidence of planning activities under
Subsection (a)(4), the court also shall consider any evidence that
the parent was engaging in those activities as a part of a safety
plan to flee from family violence.
(b) If the court finds that there is credible evidence of a
risk of abduction of the child by a parent of the child based on
the court's consideration of the factors in Subsection (a), the
court shall also consider evidence regarding the following factors
to evaluate the risk of international abduction of the child by a
parent:
Appendix Tab F:
Tex. R. App. P. 34.6
Page 40 TEXAS RULES OF APPELLATE PROCEDURE
(1) Time for Request. At any time before the court clerk for inclusion in the clerk’s record or a
clerk’s record is prepared, any party may file supplement. If the parties cannot agree, the trial
with the trial court clerk a written designation court must — on any party's motion or at the
specifying items to be included in the record. appellate court's request — determine what
constitutes an accurate copy of the missing item and
(2) Request Must be Specific. A party requesting order it to be included in the clerk’s record or a
that an item be included in the clerk’s record supplement.
must specifically describe the item so that the
clerk can readily identify it. The clerk will (f) Original Documents. If the trial court determines
disregard a general designation, such as one for that original documents filed with the trial court
“all papers filed in the case.” clerk should be inspected by the appellate court or
sent to that court in lieu of copies, the trial court
(3) Requesting Unnecessary Items. In a civil case, must make an order for the safekeeping,
if a party requests that more items than transportation, and return of those original
necessary be included in the clerk’s record or documents. The order must list the original
any supplement, the appellate court may — documents and briefly describe them. All the
regardless of the appeal's outcome — require documents must be arranged in their listed sequence
that party to pay the costs for the preparation of and bound firmly together. On any party's motion or
the unnecessary portion. its own initiative, the appellate court may direct the
trial court clerk to send it any original document.
(4) Failure to Timely Request. An appellate court
must not refuse to file the clerk’s record or a (g) Additional Copies of Clerk’s Record in Criminal
supplemental clerk’s record because of a Cases. In a criminal case, the clerk’s record must be
failure to timely request items to be included in made in duplicate, and in a case in which the death
the clerk’s record. penalty was assessed, in triplicate. The trial court
clerk must retain the copy or copies for the parties to
(c) Supplementation. use with the court’s permission.
(1) If a relevant item has been omitted from the (h) Clerk May Consult With Parties. The clerk may
clerk’s record, the trial court, the appellate consult with the parties concerning the contents of
court, or any party may by letter direct the trial the clerk’s record.
court clerk to prepare, certify, and file in the
appellate court a supplement containing the 34.6. Reporter’s Record
omitted item.
(a) Contents.
(2) If the appellate court in a criminal case orders
the trial court to prepare and file findings of (1) Stenographic Recording. If the proceedings
fact and conclusions of law as required by law, were stenographically recorded, the reporter’s
or certification of the defendant's right of record consists of the court reporter’s
appeal as required by these rules, the trial court transcription of so much of the proceedings,
clerk must prepare, certify, and file in the and any of the exhibits, that the parties to the
appellate court a supplemental clerk’s record appeal designate.
containing those findings and conclusions.
(2) Electronic Recording. If the proceedings were
(3) Any supplemental clerk’s record will be part of electronically recorded, the reporter’s record
the appellate record. consists of certified copies of all tapes or other
audio-storage devices on which the
(d) Defects or Inaccuracies. If the clerk’s record is proceedings were recorded, any of the exhibits
defective or inaccurate, the appellate clerk must that the parties to the appeal designate, and
inform the trial court clerk of the defect or certified copies of the logs prepared by the
inaccuracy and instruct the clerk to make the court recorder under Rule 13.2.
correction.
(b) Request for preparation.
(e) Clerk’s Record Lost or Destroyed. If a filing
designated for inclusion in the clerk’s record has (1) Request to Court Reporter. At or before the
been lost or destroyed, the parties may, by written time for perfecting the appeal, the appellant
stipulation, deliver a copy of that item to the trial must request in writing that the official reporter
40
TEXAS RULES OF APPELLATE PROCEDURE Page 41
prepare the reporter’s record. The request must (d) Supplementation. If anything relevant is omitted
designate the exhibits to be included. A request from the reporter’s record, the trial court, the
to the court reporter — but not the court appellate court, or any party may by letter direct the
recorder — must also designate the portions of official court reporter to prepare, certify, and file in
the proceedings to be included. the appellate court a supplemental reporter’s record
containing the omitted items. Any supplemental
(2) Filing. The appellant must file a copy of the reporter’s record is part of the appellate record.
request with the trial court clerk.
(e) Inaccuracies in the Reporter’s Record.
(3) Failure to Timely Request. An appellate court
must not refuse to file a reporter’s record or a (1) Correction of Inaccuracies by Agreement. The
supplemental reporter’s record because of a parties may agree to correct an inaccuracy in
failure to timely request it. the reporter’s record, including an exhibit,
without the court reporter's recertification.
(c) Partial Reporter’s Record.
(2) Correction of Inaccuracies by Trial Court. If
(1) Effect on Appellate Points or Issues. If the the parties cannot agree on whether or how to
appellant requests a partial reporter’s record, correct the reporter's record so that the text
the appellant must include in the request a accurately discloses what occurred in the trial
statement of the points or issues to be presented court and the exhibits are accurate, the trial
on appeal and will then be limited to those court must – after notice and hearing – settle
points or issues. the dispute. If the court finds any inaccuracy,
it must order the court reporter to conform the
(2) Other Parties May Designate Additions. Any reporter’s record (including text and any
other party may designate additional exhibits exhibits) to what occurred in the trial court, and
and portions of the testimony to be included in to file certified corrections in the appellate
the reporter’s record. court.
(3) Costs; Requesting Unnecessary Matter. (3) Correction After Filing in Appellate Court. If
Additions requested by another party must be the dispute arises after the reporter’s record has
included in the reporter’s record at the been filed in the appellate court, that court may
appellant's cost. But if the trial court finds that submit the dispute to the trial court for
all or part of the designated additions are resolution. The trial court must then proceed as
unnecessary to the appeal, the trial court may under subparagraph (e)(2).
order the other party to pay the costs for the
preparation of the unnecessary additions. This (f) Reporter’s Record Lost or Destroyed. An appellant
paragraph does not affect the appellate court's is entitled to a new trial under the following
power to tax costs differently. circumstances:
(4) Presumptions. The appellate court must (1) if the appellant has timely requested a
presume that the partial reporter’s record reporter’s record;
designated by the parties constitutes the entire
record for purposes of reviewing the stated (2) if, without the appellant's fault, a significant
points or issues. This presumption applies even exhibit or a significant portion of the court
if the statement includes a point or issue reporter's notes and records has been lost or
complaining of the legal or factual destroyed or – if the proceedings were
insufficiency of the evidence to support a electronically recorded – a significant portion
specific factual finding identified in that point of the recording has been lost or destroyed or is
or issue. inaudible;
(5) Criminal Cases. In a criminal case, if the (3) if the lost, destroyed, or inaudible portion of
statement contains a point complaining that the the reporter’s record, or the lost or destroyed
evidence is insufficient to support a finding of exhibit, is necessary to the appeal's resolution;
guilt, the record must include all the evidence and
admitted at the trial on the issue of guilt or
innocence and punishment. (4) if the lost, destroyed or inaudible portion of the
reporter's record cannot be replaced by
41
Page 42 TEXAS RULES OF APPELLATE PROCEDURE
agreement of the parties, or the lost or the rules. In subdivision 34.2, the requisites of an agreed record
destroyed exhibit cannot be replaced either by are more clearly stated. Former Rule 50(d), regarding the burden
agreement of the parties or with a copy to file a complete record, is repealed. Subdivision 34.4 is from
determined by the trial court to accurately former Rules 51(c) and 53(h). Former Rule 50(f), regarding a
duplicate with reasonable certainty the original violation of the rules, is repealed. Subparagraph 34.5(b)(3)
exhibit. allows the appellate court to tax costs against a party for
requiring unnecessary items to be included in the clerk’s record.
(g) Original Exhibits. Paragraph 34.5(c) is new and provides for supplementation of the
clerk’s record. The provisions of paragraph 34.5(d) are from
(1) Reporter May Use in Preparing Reporter’s former Rule 55(b). The provisions of paragraph 34.5(e) are from
Record. At the court reporter's request, the trial former Rule 50(e). Paragraph 34.5(h) specifically allows the
court clerk must give all original exhibits to the clerk to consult with the parties to determine the contents of the
reporter for use in preparing the reporter’s clerk’s record. Paragraph 34.6(a), defining the reporter’s record,
record. Unless ordered to include original is new. Former Rules 53(b) (Other Requests), (d) (Partial
exhibits in the reporter’s record, the court Statement), and (e) (Unnecessary Portions) are merged into
reporter must return the original exhibits to the paragraph 34.6(c). Paragraph 34.6(d) is new. Paragraph 34.6(e)
clerk after copying them for inclusion in the is from former Rule 55. Paragraph 34.6(f) is from former Rule
reporter’s record. If someone other than the 50(d). The provisions of former Rules 53(f) (Certification by
trial court clerk possesses an original exhibit, Court Reporter) and (h) (Form) are moved to the Order of the
either the trial court or the appellate court may Supreme Court and the Court of Criminal Appeals on the
order that person to deliver the exhibit to the preparation of the record. Former Rule 53(I) (Narrative
trial court clerk. Statement) is repealed. The provisions of former Rule 53(j)
(Free Statement of Facts) are moved to Rule 20. Former Rule
(2) Use of Original Exhibits by Appellate Court. If 53(k) (Duty of Appellant to File) is repealed; it is now the duty
the trial court determines that original exhibits of the court reporter to file the reporter’s record. Paragraph
should be inspected by the appellate court or 34.6(g) is from former Rule 51(d). Former Rule 53(g) is now
sent to that court in lieu of copies, the trial paragraph 34.6(I). Former Rule 53(l) is now paragraph 34.6(h).
court must make an order for the safekeeping, The need for two duplicate records in a death penalty case was
transportation, and return of those exhibits. The created by the habeas corpus provision in Code of Criminal
order must list the exhibits and briefly describe Procedure article 11.071.
them. To the extent practicable, all the exhibits
must be arranged in their listed order and Comment to 2002 change: Rule 34.5(a) is amended to
bound firmly together before being sent to the require that the record in a criminal case include the certification
appellate clerk. On any party's motion or its of defendant's right of appeal; see Rule 25.2(d). Rule 34.5(c) is
own initiative, the appellate court may direct amended to make clear that an appellate court may order the trial
the trial court clerk to send it any original court to make such a certification for inclusion in a supplemental
exhibit. clerk's record. Subparagraphs 34.6(e) and (f) are amended to
clarify the application to exhibits. The language in subparagraph
(h) Additional Copies of Reporter’s Record in Criminal (e)(2) referring to the text of the record is simplified without
Cases. In a criminal case in which a party requests substantive change. Subparagraph (e)(3) incorporates the
a reporter’s record, the court reporter must prepare a procedures specified in (e)(2). The language in subparagraph (f)
duplicate of the reporter’s record and file it with the is clarified to require agreement only as to the portion of the text
trial court clerk. In a case where the death penalty at issue, and to provide that the trial court may determine that a
was assessed, the court reporter must prepare two copy of an exhibit should be used even if the parties cannot
duplicates of the reporter’s record. agree.
(i) Supreme Court and Court of Criminal Appeals May
Set Fee. From time to time, the Supreme Court and Rule 35. Time to File Record;
the Court of Criminal Appeals may set the fee that Responsibility for Filing Record
the court reporters may charge for preparing the
reporter’s record. 35.1. Civil Cases
Notes and Comments The appellate record must be filed in the appellate court
within 60 days after the judgment is signed, except as follows:
Comment to 1997 change: Former Rules 50, 51 and 53 are
merged. Clerk’s record is substituted for transcript, and (a) if Rule 26.1(a) applies, within 120 days after the
reporter’s record is substituted for statement of facts throughout judgment is signed;
42
Appendix Tab G:
Tex. R. Civ. P. Rule 266
(b) The party upon whom rests the burden of proof on the whole case shall then introduce his
evidence.
(c) The adverse party shall briefly state the nature of his claim or defense and what said party
expects to prove and the relief sought unless he has already done so.
(d) He shall then introduce his evidence.
(e) The intervenor and other parties shall make their statement, unless they have already done
so, and shall introduce their evidence.
(f) The parties shall then be confined to rebutting testimony on each side.
(g) But one counsel on each side shall examine and cross-examine the same witness, except on
leave granted.
RULE 266. OPEN AND CLOSE - ADMISSION
Except as provided in Rule 269 the plaintiff shall have the right to open and conclude both in
adducing his evidence and in the argument, unless the burden of proof on the whole case under the
pleadings rests upon the defendant, or unless the defendant or all of the defendants, if there should
be more than one, shall, after the issues of fact are settled and before the trial commences, admit that
the plaintiff is entitled to recover as set forth in the petition, except so far as he may be defeated, in
whole or in part, by the allegations of the answer constituting a good defense, which may be
established on the trial; which admission shall be entered of record, whereupon the defendant, or the
defendants, if more than one, shall have the right to open and conclude in adducing the evidence and
in the argument of the cause. The admission shall not serve to admit any allegation which is
inconsistent with such defense, which defense shall be one that defendant has the burden of
establishing, as for example, and without excluding other defenses: accord and satisfaction, adverse
possession, arbitration and award, contributory negligence, discharge in bankruptcy, duress,
estoppel, failure of consideration, fraud, release, res judicata, statute of frauds, statute of limitations,
waiver, and the like.
RULE 267. WITNESSES PLACED UNDER RULE
(a) At the request of either party, in a civil case, the witnesses on both sides shall be sworn and
removed out of the courtroom to some place where they cannot hear the testimony as
delivered by any other witness in the cause. This is termed placing witnesses under the rule.
(b) This rule does not authorize exclusion of (1) a party who is a natural person or the spouse
of such natural person, or (2) an officer or employee of a party that is not a natural person
and who is designated as its representative by its attorney, or (3) a person whose presence
is shown by a party to be essential to the presentation of the cause.
Appendix Tab H:
Tex. R. Civ. P. Rule 107
The officer or authorized person to whom process is delivered shall endorse thereon the day and
hour on which he received it, and shall execute and return the same without delay.
RULE 106. METHOD OF SERVICE
(a) Unless the citation or an order of the court otherwise directs, the citation shall be served by
any person authorized by Rule 103 by
(1) delivering to the defendant, in person, a true copy of the citation with the date of
delivery endorsed thereon with a copy of the petition attached thereto, or
(2) mailing to the defendant by registered or certified mail, return receipt requested, a
true copy of the citation with a copy of the petition attached thereto.
(b) Upon motion supported by affidavit stating the location of the defendant's usual place of
business or usual place of abode or other place where the defendant can probably be found
and stating specifically the facts showing that service has been attempted under either (a)(1)
or (a)(2) at the location named in such affidavit but has not been successful, the court may
authorize service
(1) by leaving a true copy of the citation, with a copy of the petition attached, with
anyone over sixteen years of age at the location specified in such affidavit, or
(2) in any other manner that the affidavit or other evidence before the court shows will
be reasonably effective to give the defendant notice of the suit.
RULE 107. RETURN OF SERVICE
(a) The officer or authorized person executing the citation must complete a return of service.
The return may, but need not, be endorsed on or attached to the citation.
(b) The return, together with any documents to which it is attached, must include the following
information:
(1) the cause number and case name;
(2) the court in which the case is filed;
(3) a description of what was served;
(4) the date and time the process was received for service;
(5) the person or entity served;
(6) the address served;
(7) the date of service or attempted service;
Appendix Tab I:
Tex. R. Civ. P. Rule 21a
appear, unless the document is notarized or sworn; or
(B) an electronic image or scanned image of the signature.
(8) Format. An electronically filed document must:
(A) be in text-searchable portable document format (PDF);
(B) be directly converted to PDF rather than scanned, if possible;
(C) not be locked; and
(D) otherwise comply with the Technology Standards set by the Judicial
Committee on Information Technology and approved by the Supreme Court.
(9) Paper Copies. Unless required by local rule, a party need not file a paper copy of
an electronically filed document.
(10) Electronic Notices From the Court. The clerk may send notices, orders, or other
communications about the case to the party electronically. A court seal may be electronic.
(11) Non-Conforming Documents. The clerk may not refuse to file a document that fails
to conform with this rule. But the clerk may identify the error to be corrected and state a
deadline for the party to resubmit the document in a conforming format.
(12) Original Wills. When a party electronically files an application to probate a document
as an original will, the original will must be filed with the clerk within three business days
after the application is filed.
(13) Official Record. The clerk may designate an electronically filed document or a
scanned paper document as the official court record. The clerk is not required to keep both
paper and electronic versions of the same document unless otherwise required by local rule.
But the clerk must retain an original will filed for probate in a numbered file folder.
Comment to 2013 Change: Rule 21 is revised to incorporate rules for electronic filing, in
accordance with the Supreme Court's order - Misc. Docket No. 12-9206, amended by Misc. Docket
Nos. 13-9092 and 13-9164 - mandating electronic filing in civil cases beginning on January 1, 2014.
The mandate will be implemented according to the schedule in the order and will be completed by
July 1, 2016. The revisions reflect the fact that the mandate will only apply to a subset of Texas
courts until that date.
RULE 21a. METHODS OF SERVICE
(a) Methods of Service. Every notice required by these rules, and every pleading, plea, motion,
or other form of request required to be served under Rule 21, other than the citation to be served
upon the filing of a cause of action and except as otherwise expressly provided in these rules, may
be served by delivering a copy to the party to be served, or the party's duly authorized agent or
attorney of record in the manner specified below:
(1) Documents Filed Electronically. A document filed electronically under Rule 21 must
be served electronically through the electronic filing manager if the email address of the
party or attorney to be served is on file with the electronic filing manager. If the email
address of the party or attorney to be served is not on file with the electronic filing manager,
the document may be served on that party or attorney under subparagraph (2).
(2) Documents Not Filed Electronically. A document not filed electronically may be
served in person, by mail, by commercial delivery service, by fax, by email, or by such other
manner as the court in its discretion may direct.
(b) When Complete.
(1) Service by mail or commercial delivery service shall be complete upon deposit of the
document, postpaid and properly addressed, in the mail or with a commercial delivery
service.
(2) Service by fax is complete on receipt. Service completed after 5:00 p.m. local time
of the recipient shall be deemed served on the following day.
(3) Electronic service is complete on transmission of the document to the serving party's
electronic filing service provider. The electronic filing manager will send confirmation of
service to the serving party.
(c) Time for Action After Service. Whenever a party has the right or is required to do some act
within a prescribed period after the service of a notice or other paper upon him and the notice or
paper is served upon him by mail, three days shall be added to the prescribed period.
(d) Who May Serve. Notice may be served by a party to the suit, an attorney of record, a sheriff
or constable, or by any other person competent to testify.
(e) Proof of Service. The party or attorney of record shall certify to the court compliance with
this rule in writing over signature and on the filed instrument. A certificate by a party or an attorney
of record, or the return of the officer, or the affidavit of any other person showing service of a notice
shall be prima facie evidence of the fact of service. Nothing herein shall preclude any party from
offering proof that the document was not received, or, if service was by mail, that the document was
not received within three days from the date that it was deposited in the mail, and upon so finding,
the court may extend the time for taking the action required of such party or grant such other relief
as it deems just.
(f) Procedures Cumulative. These provisions are cumulative of all other methods of service
prescribed by these rules.
Appendix Tab J:
Tex. R. Civ. P. Rule 106
The officer or authorized person to whom process is delivered shall endorse thereon the day and
hour on which he received it, and shall execute and return the same without delay.
RULE 106. METHOD OF SERVICE
(a) Unless the citation or an order of the court otherwise directs, the citation shall be served by
any person authorized by Rule 103 by
(1) delivering to the defendant, in person, a true copy of the citation with the date of
delivery endorsed thereon with a copy of the petition attached thereto, or
(2) mailing to the defendant by registered or certified mail, return receipt requested, a
true copy of the citation with a copy of the petition attached thereto.
(b) Upon motion supported by affidavit stating the location of the defendant's usual place of
business or usual place of abode or other place where the defendant can probably be found
and stating specifically the facts showing that service has been attempted under either (a)(1)
or (a)(2) at the location named in such affidavit but has not been successful, the court may
authorize service
(1) by leaving a true copy of the citation, with a copy of the petition attached, with
anyone over sixteen years of age at the location specified in such affidavit, or
(2) in any other manner that the affidavit or other evidence before the court shows will
be reasonably effective to give the defendant notice of the suit.
RULE 107. RETURN OF SERVICE
(a) The officer or authorized person executing the citation must complete a return of service.
The return may, but need not, be endorsed on or attached to the citation.
(b) The return, together with any documents to which it is attached, must include the following
information:
(1) the cause number and case name;
(2) the court in which the case is filed;
(3) a description of what was served;
(4) the date and time the process was received for service;
(5) the person or entity served;
(6) the address served;
(7) the date of service or attempted service;
Appendix Tab K:
Tex. R. Civ. P. Rule 124
affirmatively that the affiant is competent to testify.
Should it appear from the affidavits of a party opposing the motion that he cannot for reasons
stated present by affidavit facts essential to justify his opposition, the court may order a
continuance to permit affidavits to be obtained or depositions to be taken or discovery to be
had or may make such other order as is just.
Should it appear to the satisfaction of the court at any time that any of such affidavits are
presented in violation of Rule 13, the court shall impose sanctions in accordance with that
rule.
4. If the court sustains the objection to jurisdiction, an appropriate order shall be entered. If the
objection to jurisdiction is overruled, the objecting party may thereafter appear generally for
any purpose. Any such special appearance or such general appearance shall not be deemed
a waiver of the objection to jurisdiction when the objecting party or subject matter is not
amenable to process issued by the courts of this State.
RULE 121. ANSWER IS APPEARANCE
An answer shall constitute an appearance of the defendant so as to dispense with the necessity for
the issuance or service of citation upon him.
RULE 122. CONSTRUCTIVE APPEARANCE
If the citation or service thereof is quashed on motion of the defendant, such defendant shall be
deemed to have entered his appearance at ten o'clock a.m. on the Monday next after the expiration
of twenty (20) days after the day on which the citation or service is quashed, and such defendant
shall be deemed to have been duly served so as to require him to appear and answer at that time, and
if he fails to do so, judgment by default may be rendered against him.
RULE 123. REVERSAL OF JUDGMENT
Where the judgment is reversed on appeal or writ of error for the want of service, or because of
defective service of process, no new citation shall be issued or served, but the defendant shall be
presumed to have entered his appearance to the term of the court at which the mandate shall be filed.
RULE 124. NO JUDGMENT WITHOUT SERVICE
In no case shall judgment be rendered against any defendant unless upon service, or acceptance or
waiver of process, or upon an appearance by the defendant, as prescribed in these rules, except
where otherwise expressly provided by law or these rules.
When a party asserts a counterclaim or a cross-claim against another party who has entered an
appearance, the claim may be served in any manner prescribed for service of citation or as provided
in Rule 21(a).
Appendix Tab L:
Tex. R. Civ. P. Rule 99(a)
(c) Counterclaim Exceeding Opposing Claim. A counterclaim may or may not diminish or
defeat the recovery sought by the opposing party. It may claim relief exceeding in amount
or different in kind from that sought in the pleading of the opposing party, so long as the
subject matter is within the jurisdiction of the court.
(d) Counterclaim Maturing or Acquired After Pleading. A claim which either matured or
was acquired by the pleader after filing his pleading may be presented as a counterclaim by
amended pleading.
(e) Cross-Claim Against Co-Party. A pleading may state as a cross-claim any claim by one
party against a co-party arising out of the transaction or occurrence that is the subject matter
either of the original action or of a counterclaim therein. Such cross-claim may include a
claim that the party against whom it is asserted is or may be liable to the cross-claimant for
all or part of a claim asserted in the action against the cross-claimant.
(f) Additional Parties. Persons other than those made parties to the original action may be
made parties to a third party action, counterclaim or cross-claim in accordance with the
provisions of Rules 38, 39 and 40.
(g) Tort shall not be the subject of set-off or counterclaim against a contractual demand nor a
contractual demand against tort unless it arises out of or is incident to or is connected with
same.
(h) Separate Trials; Separate Judgments. If the court orders separate trials as provided in
Rule 174, judgment on a counterclaim or cross-claim may be rendered when the court has
jurisdiction so to do, even if the claims of the opposing party have been dismissed or
otherwise disposed of.
RULE 98. SUPPLEMENTAL ANSWERS
The defendant's supplemental answers may contain special exceptions, general denial, and the
allegations of new matter not before alleged by him, in reply to that which has been alleged by the
plaintiff.
SECTION 5. CITATION
RULE 99. ISSUANCE AND FORM OF CITATION
a. Issuance. Upon the filing of the petition, the clerk, when requested, shall forthwith issue
a citation and deliver the citation as directed by the requesting party. The party requesting
citation shall be responsible for obtaining service of the citation and a copy of the petition.
Upon request, separate or additional citations shall be issued by the clerk. The clerk must
retain a copy of the citation in the court’s file.
b. Form. The citation shall (1) be styled "The State of Texas," (2) be signed by the clerk under
seal of court, (3) contain name and location of the court, (4) show date of filing of the
petition, (5) show date of issuance of citation, (6) show file number, (7) show names of
Appendix Tab M:
Tex. R. Civ. P. Rule 239a
RULE 238. CALL OF APPEARANCE DOCKET
On the appearance day of a particular defendant and at the hour named in the citation, or as soon
thereafter as may be practicable, the court or clerk in open court shall call, in their order, all the
cases on the docket in which such day is appearance day as to any defendant, or, the court or clerk
failing therein, any such case shall be so called on request of the plaintiff's attorney.
RULE 239. JUDGMENT BY DEFAULT
Upon such call of the docket, or at any time after a defendant is required to answer, the plaintiff may
in term time take judgment by default against such defendant if he has not previously filed an
answer, and provided that the return of service shall have been on file with the clerk for the length
of time required by Rule 107.
RULE 239a. NOTICE OF DEFAULT JUDGMENT
At or immediately prior to the time an interlocutory or final default judgment is rendered, the party
taking the same or his attorney shall certify to the clerk in writing the last known mailing address
of the party against whom the judgment is taken, which certificate shall be filed among the papers
in the cause. Immediately upon the signing of the judgment, the clerk shall mail written notice
thereof to the party against whom the judgment was rendered at the address shown in the certificate,
and note the fact of such mailing on the docket. The notice shall state the number and style of the
case, the court in which the case is pending, the names of the parties in whose favor and against
whom the judgment was rendered, and the date of the signing of the judgment. Failure to comply
with the provisions of this rule shall not affect the finality of the judgment.
RULE 240. WHERE ONLY SOME ANSWER
Where there are several defendants, some of whom have answered or have not been duly served and
some of whom have been duly served and have made default, an interlocutory judgment by default
may be entered against those who have made default, and the cause may proceed or be postponed
as to the others.
RULE 241. ASSESSING DAMAGES ON LIQUIDATED DEMANDS
When a judgment by default is rendered against the defendant, or all of several defendants, if the
claim is liquidated and proved by an instrument in writing, the damages shall be assessed by the
court, or under its direction, and final judgment shall be rendered therefor, unless the defendant shall
demand and be entitled to a trial by jury.
Appendix Tab N:
Tex. Const. Art. I § 30(2)
Sec.A29.AAPROVISIONS OF BILL OF RIGHTS EXCEPTED FROM POWERS
OF GOVERNMENT; TO FOREVER REMAIN INVIOLATE. To guard against
transgressions of the high powers herein delegated, we declare that
everything in this "Bill of Rights" is excepted out of the general
powers of government, and shall forever remain inviolate, and all
laws contrary thereto, or to the following provisions, shall be
void.
A
Sec.A30.AARIGHTS OF CRIME VICTIMS. (a)AA crime victim has
the following rights:
(1)AAthe right to be treated with fairness and with
respect for the victim ’s dignity and privacy throughout the
criminal justice process; and
(2)AAthe right to be reasonably protected from the
accused throughout the criminal justice process.
(b)AAOn the request of a crime victim, the crime victim has
the following rights:
(1)AAthe right to notification of court proceedings;
(2)AAthe right to be present at all public court
proceedings related to the offense, unless the victim is to testify
and the court determines that the victim ’s testimony would be
materially affected if the victim hears other testimony at the
trial;
(3)AAthe right to confer with a representative of the
prosecutor ’s office;
(4)AAthe right to restitution; and
(5)AAthe right to information about the conviction,
sentence, imprisonment, and release of the accused.
(c)AAThe legislature may enact laws to define the term
"victim" and to enforce these and other rights of crime victims.
(d)AAThe state, through its prosecuting attorney, has the
right to enforce the rights of crime victims.
(e)AAThe legislature may enact laws to provide that a judge,
attorney for the state, peace officer, or law enforcement agency is
not liable for a failure or inability to provide a right enumerated
10
Appendix Tab O:
Final Decree of Divorce
NO. 2012-04063
IN THE MATTER OF § IN THE DISTRICT CO y.
THE MARRIAGE OF §
§
C-HNAX
RETAKA ROMEO NELSON A/KIA §
TAKE JONES §
AND § 308TH JUDICIAL DISTRICT \FJR£,
SHANNON BROCHETTE NELSON §
§
AND IN THE INTEREST OF §
KMN AND § HARRIS COUNTY, TEXAS
APN, CIDLDREN §
FINAL DECREE OF DIVORCE
On June 11, 2013 the Court heard and rendered the following judgment in this case.
Appearances
Petitioner/Counter-Respondent, RETAKA ROMEO NELSON A/KIA TAKE JONES,
who appeared pro '5• made a general appearance, and appeared at trial. OtJ � 0 ��Qfl'�rf
c:J p- r-t-r l rAW .tr. f�
Respondent/Counter-Petitioner, SHANNON BROCHETIE NELSON, appeared through
attorney of record, D. Michelle Tewal, and announced ready for trial.
Also appearing was Attorney Jolanda Jones, appointed by the Court as amicus attorney to
assist the Court in protecting the best interests of the children the subject of this suit, who
announced ready for trial.
Record
The record of testimony was duly reported by the court reporter for the 308th Judicial
District Court.
FILED
Chris Danlel
Dl1trlat Clerk
JUN 2 8 2013
0Tlme1_.,.,4i�wnu==•
:}'f' : ii!-- ===--
1523
Jurisdiction and Domicile
The Court finds that the pleadings of Respondent are in due form and contain all the
allegations, information, and prerequisites required by law. The Court, after receiving evidence,
finds that it has jurisdiction of this case and of all the parties and that at least sixty days have
elapsed since the date the suit was filed.
The Court further finds that, at the time this suit was filed, Respondent had been a
domiciliary of Texas for the preceding six-month period and a resident of the county in which
this suit was filed for the preceding ninety-day period. All persons entitled to citation were
properly cited.
Jury
A jury request was made by Petitioner, but was ultimately 111&iwd aftca .tbe reftttest was
�ly stru v-.R/"
� �y the Court, and questions of fact and of law were submitted to the Court. D
. "G<.f-ecn'91'V' 'i-- f�;,·n�r· �
Divorce
�
IT IS ORDERED AND DECREED that SHANNON BROCHETTE NELSON,
Respondent, is granted a divorce from RETAKA ROMEO NELSON AIK/A TAKE JONES,
Petitioner, because of cruel treatment toward Respondent by Petitioner of a nature that renders·
further living together insupportable, and the marriage between them is dissolved on the ground
of cruelty.
Children of the Marriage
The C�urt finds that Petitioner and Respondent are
the parents of the following children:
Name: KMN
Sex: Female
Birth date: February 12, 2006
2
1524
Home state: Texas
Social Security number: XXX-XX- --
Driver's license number and issuing state: n/a
Name: APN
Sex: Female
Birth date: January 20, 2009
Home state: Texas
Social Security number: XXX-XX- ___
Driver's license number and issuing state: n/a
The Court finds no other children of the marriage are expected.
Parenting Plan
The Court finds that the provisions in this decree relating to the rights and duties of the
parties with relation to the children, possession of and access to the children, child support, and
optimizing the development of a close and continuing relationship between each party and the
children constitute the parenting plan established by the Court.
Conservatorship
The Court, having considered the circumstances of the parents and of the children, finds
that the following orders are in the best interest of the children.
IT IS ORDERED that SHANNON BROCHETTE NELSON is appointed Sole Managing
Co�servator and RETAKA ROMEO NELSON AIK/A T � JONES is appointed Possessory
MICHEi J .E
Conservator of the following children: KMN and APN.
3
1525
IT IS ORDERED that, at all times, SHANNON BROCHETTE NELSON, as a parent
sole managing conservator, shall have the following rights:
1. the right to receive information from any other conservator of the children
concerning the health, education, and welfare of the children;
2. the right to confer with the other parent to the extent possible before making a
decision concerning the health, education, and welfare of the children;
3. the right of access to medical, dental, psychological, and educational records of
the children;
4. the right to consult with a physician, dentist, or psychologist of the children;
5. the right to consult with school officials concerning the children's welfare and
educational status, including school activities;
6. the right to attend school activities;
7. the right to be designated on the children's records as a person to be notified in
case of an emergency;
8. the right to consent to medical, dental, and surgical treatment during an
emergency involving an immediate danger to the health and safety of the children; and
9. the right to manage the estates of the children to the extent the estates have been
created by the parent or the parent's family.
IT IS ORDERED that, at all times, RETAKA ROMEO NELSON A/K/A TAKE JONES,
as a parent possessory conservator, shall have the following rights:
1. the right to receive information from any other conservator of the children
concerning the health, education, and welfare of the children;
2. the right to confer with the other parent to the extent possible before making a
decision concerning the health, education, and welfare of the children;
3. the right to consult with a physician, dentist, or psychologist of the children;
4. the right to consult with school officials concerning the children's welfare and
educational status, including school activities;
4
1526
5. the right to be designated on the children's records as a person to be notified in
case of an emergency;
6. the right to consent to medical, dental, and surgical treatment during an
emergency involving an immediate danger to the health and safety of the children; and
7. the right to manage the estates of the children to the extent the estates have been
created by the parent or the parent's family.
IT IS ORDERED that, at all times, SHANNON BROCHETTE NELSON, as a parent
sole managing conservator shall have the following duties:
1. the duty to inform the other conservator of the children in a timely manner of
significant information concerning the health, education, and welfare of the children; and
2. the duty to inform the other conservator of the children if the conservator resides
with for at least thirty days, marries, or intends to marry a person who the conservator knows is
registered as a sex offender under chapter 62 of the Code of Criminal Procedure or is currently
charged with an offense for which on conviction the person would be required to register under
that chapter. IT IS ORDERED that this information shall be tendered in the form of a notice
made as soon as practicable, but not later than the fortieth day after the date the conservator of
the children begins to reside with the person or on the tenth day after the date the marriage
occurs, as appropriate. IT IS ORDERED that the notice must include a description of the
offense that is the basis of the person's requirement to register as a sex offender or of the offense
with which the person is charged. WARNING: A CONSERVATOR COMMITS AN
OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR
FAILS TO PROVIDE THIS NOTICE.
IT IS ORDERED that, at all times, RETAKA ROMEO NELSON AIK/A TAKE JONES,
as a parent possessory conservator, shall have the following duties:
1. the duty to inform the other conservator of the children in a timely manner of
significant information concerning the health, education, and welfare of the children; and
2. the duty to inform the other conservator of the children if the conservator resides
with for at least thirty days, marries, or intends to marry a person who the conservator knows is
registered as a sex offender under chapter 62 of the Code of Criminal Procedure or is currently
charged with an offense for which ori conviction the person would be required to register under
that chapter. IT IS ORDERED that this information shall be tendered in the form of a notice
made as soon as practicable, but not later than the fortieth day after the date the conservator of
the children begins to reside with the person or on the tenth day after the date the marriage
occurs, as appropriate. IT IS ORDERED that the notice must include a description of the
offense that is the basis of the person's requirement to register as a sex offender or of the offense
5
1527
with which the person is charged. WARNING: A CONSERVATOR COMMITS AN
OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR
FAILS TO PROVIDE THIS NOTICE.
IT IS ORDERED that, during her periods of possession, SHANNON BROCHETTE
NELSON, as a parent sole managing conservator, shall have the following rights and duties:
1. the duty of care, control, protection, and reasonable discipline of the children;
2. the duty to support the children, including providing the children with clothing,
food, shelter, and medical and dental care not involving an invasive procedure;
3. the right to consent for the children to medical and dental care not involving an
invasive procedure; and
4. the right to direct the moral and religious training of the children.
IT IS ORDERED that, during his periods of possession, RETAKA ROMEO NELSON
A/KIA TAKE JONES, as a parent possessory conservator, shall have the following rights and
duties:
1. the duty of care, control, protection, and reasonable discipline of the children;
2. the duty to support the children, including providing the children with clothing,
food, shelter, and medical and dental care not involving an invasive procedure;
3. the right to consent for the children to medical and dental care not involving an
invasive procedure; and
4. the right to direct the moral and religious training of the children.
IT IS ORDERED that SHANNON BROCHETTE NELSON, as parent sole managing
conservator, shall have the following exclusive rights and d�ty:
1. the right to_ designate the primary residence of the children wi�out regard to
geographic restriction;
2. the right to consent to medical, dental, and surgical treatment involving invasive
procedures;
6
1528
3. the right to consent to psychiatric and psychological treatment of the children;
4. the right to receive and give receipt for periodic payments for the support of the
children and to hold or disburse these funds for the benefit of the children;
5. the right to represent the children in legal action and to make other decisions of
substantial legal significance concerning the children;
6. the right to consent to marriage and to enlistment in the armed forces of the
United States;
7. the right to make decisions concerning the children's education;
8. except as provided by section 264.0111 of the Texas Family Code, the right to the
services and earnings of the children;
9. except when a guardian of the children's estates or a guardian or attorney ad litem
has been appointed for the children, the right to act as an agent of the children in relation to the
children's estates if the children's action is required by a state, the United States, or a foreign
government; and
10. the duty to manage the estates of the children to the extent the estates have been
created by community property or the joint property of the parents.
Possession and Access
1. Stair Step Visitation
A. Phase 1:
RETAKA ROMEO NELSON a/k/a TAKE JONES shall have visitation with the
children through the SAFE Program beginning on June 22, 2013 from 10:00 a.m. to 6:00
p.m. and on Saturdays following the first, third, and fifth Friday of each month thereafter
from 10:00 a.m. to 6:00 p.m. for a total of sixteen (16) visits. RETAKA ROMEO
NELSO!':l a/k/a TAKE JONES shall be responsible for all costs associated with said
visits.
7
1529
B. Phase 2:
Following the completion of all sixteen ( 1 6) visits of Phase 1 , RETAKA ROMEO
NELSON a/k/a TAKE JONES shall have visitation with the children on Saturdays
following the first, third, and fifth Friday of each month from 1 0:00 a.m. to 6:00 p.m. for
a total of sixteen ( 16) visits. Said visits shall be unsupervised.
C. Phase3:
Following the completion of all sixteen ( 16) visits of Phase 2, RETAKA ROMEO
NELS ON a/k/a TAKE JONES shall have visitation with the children on Saturdays and
Sundays following the first, third, and fifth Friday of each month from 10:00 a.m. to 6:00
p.m. on each day respectively for a total of nine (9) visits, including visitation on both
days. Said visits shall be unsupervised.
D. Phase4:
Following the completion of all nine (9) visits of Phase 3, including visitation on
both days respectively, RETAKA ROMEO NELSON a/k/a TAKE JONES shall have
visitation with the children beginning on Saturday at 9:00 a.m. and ending on Sunday at
10:00 a.m. following the first, third, and fifth Friday of each month. Said visits shall be
unsupervised.
E. General Terms and Conditions
1. All visits in each phase must be completed in order for RETAKA
ROMEO NELSON a/k/a TA� JONES to graduate to the next
phase.
2. Surrender of Child by SHANNON BROCHETTE NELSON for
Phases 2-4- SHANNON BROCHETTE NELS ON is ORDERED to
8
1530
surrender the child to RETAKA ROMEO NELSON a/k/a TAKE
JONES at the beginning of each period of RETAKA ROMEO
NELSON a/k/a TAKE JONES' possession at a location to be
designated by SHANNON BROCHETTE NELSON.
3. Return of Child by RETAKA ROMEO NELSON a/k/a TAKE
JONES for Phases 2-4 - RETAKA ROMEO NELSON a/k/a
TAKE JONES is ORDERED to return the child to the location to
be designated by SHANNON BROCHETTE NELSON at the end
of each period of possession.
4. Surrender of Child by RETAKA ROMEO NELSON a/k/a TAKE
JONES for Phases 2-4- RETAKA ROMEO NELSON a/k/a TAKE
JONES is ORDERED to surrender the child to SHANNON
BROCHETTE NELSON, if the child is in RETAKA ROMEO
NELSON a/k/a TAKE JONES' possession or subject to RETAKA
ROMEO NELSON a/k/a TAKE JONES' control, at the beginning
of each period of SHANNON BROCHETTE NELSON's
exclusive periods of possession, at the location to be designated by
SHANNON BROCHETTE NELSON at the end of each period of
possession.
5. Return of Child by � HANNON BROCHETTE NELSON for
Phases 2-4-SHANNON BROCHETTE NELSON is ORDERED to
return the child to RETAKA ROMEO NELSON a/k/a TAKE
JONES, if RETAKA ROMEO NELSON a/k/a TAKE JONES is
9
153 1
entitled to possession of the child, at the end of each of SHANNON
BROCHETTE NELSON's exclusive periods of possession, at
the location to be designated by SHANNON BROCHETTE
NELSON .
6. Personal Effects - Each conservator is ORDERED to return with
the child the personal effects that the child brought at the
beginning of the period of possession.
7. Inability to Exercise Possession - Each conservator is ORDERED
to give notice to the person in possession of the child on each
occasion that the conservator will be unable to exercise that
conservator's right of possession for any specified period.
2. Duration
The periods of possession ordered above apply to each child the subject of this
suit while that child is under the age of eighteen years and not otherwise emancipated.
3. Noninterference with Possession
Except as expressly provided herein, IT IS ORDERED that neither conservator
shall take possession of the children during the other conservator's period of possession
unless there is a prior written agreement signed by both conservators or in case of an
emergency.
4. Termination of Orders
The provisions of this decree relating to conservatorship, possession, or access
terminate on the remarriage of RETAKA ROMEO NELSON AIK/A TAKE JONES to
SHANNON BROCHETTE NELSON unless a nonparent or agency has been appointed
10
1532
conservator of the children under chapter 153 of the Texas Family Code.
Child Support
Statement on Guidelines
In accordance with Texas Family Code section 154.130, the Court makes the following
findings and conclusions regarding the child support order made in open court in this case on
June 11, 2013:
1. The amount of child support required by the guidelines of $634.00 per month is
appropriate in this case as demonstrated by RETAKA ROMEO NELSON a/k/a TAKE JONES's
previous testimony regarding his current income of $3,000. 00 per month.
Child Support Due Beginning July 1. 2013
ITIS ORDERED that RET AKA ROMEO NELSON a k a TAKE JONES pay to
S ANNO N BROC ETTE NELSON for the support of K M N and A P N three hundred
fifty-eight dollars ($358.00) being due and payable on July 1, 2013. Said amount equals the
guideline child support amount minus the sum of two hundred seventy-six dollars ($276.00) that
RET AKA ROMEO NELSON a k a TAKE JONES is obligated to pay the SAFE program.
Child Support Due Beginning August 1. 2013
IT IS ORDERED that RETAKA ROMEO NELSON a/k/a TAKE JONES pay to
S ANNO N BROC ETTE NELSON for the support of K M N and A P N six hundred dollars
($600.00) per month, with th� first payment being due and payable on August 1, 2013 and a like
payment being due and payable on the first day of each month thereafter through July 31, 2014.
Said amount equals the guideline child support amount minus a credit of thirty-four dollars
($34.00) per month that RETAKA ROMEO
11
1533
NELSON a/kla TAKE JONES may apply toward the SAFE program.
Child Support Due Beginning August 1. 2014
IT IS ORDERED that RETAKA ROMEO NELSON a/k/a TAKE JONES pay to
SHANNON BROCHETTE NELSON for the support of KMN and
APN six hundred thirty-four dollars ($634.00) per month, with the first
payment being due and payable on August 1, 2014 and a like payment being due and payable on
the fust day of each month thereafter until the fust month following the date of the earliest
occurrence of one of the events specified below:
1. any child reaches the age of eighteen years or graduates from high school,
whichever occurs later, subject to the provisions for support beyond the age of eighteen years set
out below;
2. any child marries;
3. any child dies;
4. any child enlists in the armed forces of the United States and begins active service
as defined by section 101 of title 10 of the United States Code; or
5. any child's disabilities are otherwise removed for general purposes.
Thereafter, RETAKA ROMEO NELSON AIKJA TAKE JONES is ORDERED to pay to
SHANNON BROCHETTE NELSON child support of five hundred and seven dollars ($507.00)
per month, due and payable on the 1st day of the first month immediately following the date of
the earliest occurrence of one of the events specified above for the oth�r child and a like sum of
five hundred and seven dollars ($507.00) due and payable on the 151 day of each month thereafter
until the next occurrence of one of the events specified above for the other child.
12
1534
If the child is eighteen years of age and has not graduated from high school, IT IS
ORDERED that RETAKA ROMEO NELSON NK/A TAKE JONES's obligation to pay child
support to SHANNON BROCHETTE NELSON shall not terminate but shall continue for as
long as the child is enrolled-
1. under chapter 25 of the Texas Education Code in an accredited secondary school
in a program leading toward a high school diploma or under section 130.008 of the Education
Code in courses for joint high school and junior college credit and is complying with the
minimum attendance requirements of subchapter C of chapter 25 of the Education Code or
2. on a full-time basis in a private secondary school in a program leading toward a
high school diploma and is complying with the minimum attendance requirements imposed by
that school.
Material and Substantial Change
If RETAKA ROMEO NELSON NK/A TAKE JONES obtains employment as a
pharmacist or becomes employed utilizing his doctorate degree in pharmacy, the Court will
consider this fact to be a material and substantial change in circumstances to modify child
support accordingly.
Withholding from Earnings
IT IS ORDERED that any employer of RETAKA ROMEO NELSON NK/A TAKE
JONES shall be ordered to withhold from earnings for child support from the disposable e�ngs
of RETAKA ROMEO NELSON NK A TAKE .JONES for the support of KMN and APN.
IT IS FURTHER ORDERED that all amounts withheld from the disposable earnings of
RETAKA ROMEO NELSON NK/A TAKE JONES by the employer and paid in accordance
13
1535
with the order to that employer shall constitute a credit against the child support obligation.
Payment of the full amount of child support ordered paid by this decree through the means of
withholding from earnings shall discharge the child support obligation. If the amount withheld
from earnings and credited against the child support obligation is less than 100 percent of the
amount ordered to be paid by this decree, the balance due remains an obligation of RETAKA
ROMEO NELSON A/KIA TAKE JONES, and it is hereby ORDERED that RETAKA ROMEO
NELSON A/KIA TAKE JONES pay the balance due directly to the state disbursement unit
specified below.
On this date the Court signed an Employer's Wage Withholding Order.
Payment
IT IS ORDERED that all payments shall be made through the state disbursement unit at
Texas Child Support Disbursement Unit, P.O. Box 659791, San Antonio, Texas 78265-9791,
and thereafter promptly remitted to SHANNON BROCHETTE NELSON for the support of the
children. IT IS ORDERED that each party shall pay, when due, all fees charged to that party by
the state disbursement unit and any other agency statutorily authorized to charge a fee.
Change of Employment
IT IS FURTHER ORDERED that RETAKA ROMEO NELSON A/KIA TAKE JONES
shall notify this Court and SHANNON BROCHETTE NELSON by U.S. certified mail, return
receipt requested, of any change of address and of any termination of employment. This notice
shall be given no later than seven days after _the change of address or the termination of
employment. This notice or a subsequent notice shall also provide the current address of
RETAKA ROMEO NELSON A/KIA TAKE JONES and the name and address of his current
employer, whenever that information becomes available.
14
1536
Clerk's Duties
IT IS ORDERED that, on the request of a prosecuting attorney, the title N-D agency, the
friend of the Court, a domestic relations office, SHANNON BROCHEITE NELSON, RETAKA
ROMEO NELSON AIK/A TAKE JONES, or an attorney representing SHANNON
BROCHETTE NELSON or RETAKA ROMEO NELSON AIK/ A TAKE JONES, the clerk of
this Court shall cause a certified copy of the Income Withholding for Support to be delivered to
any employer.
Health Care
1. IT IS ORDERED that RETAKA ROMEO NELSON AIK/A TAKE JONES and
SHANNON BROCHEITE NELSON shall each provide medical support for each child as set
out in this order as additional child support for as long as the Court may order RETAKA
ROMEO NELSON A/KIA TAKE JONES and SHANNON BROCHEITE NELSON to provide
support for the child under sections 154.001 and 154.002 of the Texas Family Code. Beginning
on the day RETAKA ROMEO NELSON AIK/A TAKE JONES and SHANNON BROCHEITE
NELSON's actual or potential obligation to support a child under sections 154.001 and 154.002
of the Family Code terminates, IT IS ORDERED that RETAKA ROMEO NELSON AIK/A
TAKE JONES and SHANNON BROCHEITE NELSON are discharged from the obligations set
forth in this medical support order with respect to that child, except for any failure by a parent to
fully comply with those obligations before that date.
2. Definitions -
"Health Insurance" means insurance coverage that provides basic health-care services,
including usual physician services, office visits, hospitalization, and laboratory, X-ray, and
emergency services, that may be provided through a health maintenance organization or other
15
1537
private or public organization, other than medical assistance under chapter 32 of the Texas
Human Resources Code.
"Reasonable cost" means the total cost of health insurance coverage for all children for
which RETAKA ROMEO NELSON AIKIA TAKE JONES is responsible under a medical
support order that does not exceed 9 percent of RETAKA ROMEO NELSON AIK/A TAKE
JONES' annual resources, as described by section 154.062(b) of the Texas Family Code.
"Reasonable and necessary health-care expenses not paid by insurance and incurred by or
on behalf of a child" include, without limitation, any copayments for office visits or prescription
drugs, the yearly deductible, if any, and medical, surgical, prescription drug, mental health-care
services, dental, eye care, ophthalmological, and orthodontic charges. These reasonable and
necessary health-care expenses do not include expenses for travel to and from the health-care
provider or for nonprescription medication.
"Furnish" means:
a. to hand deliver the document by a person eighteen years of age or older
either to the recipient or to a person who is eighteen years of age or older
and permanently resides with the recipient;
b. to deliver the document to the recipient by certified mail, return receipt
requested, to the recipient's last known mailing or residence address; or
c. to deliver the document to the recipient at the recipient's last known
m�g or residence address using any person or entity wh�se principal
business is that of a courier or deliverer of papers or documents either
within or outside the United States.
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1538
3. Findings on Health Insurance Availability- Having considered the cost,
accessibility, and quality of health insurance coverage available to the parties, the Court finds:
Health insurance is available or is in effect for the children through SHANNON
BROCHETTE NELSON's employment or membership in a union, trade association, or other
organization at a reasonable cost of $132.00 per month.
IT IS FURTHER FOUND that the following orders regarding health-care coverage are in
the best interest of the children.
4. Provision of Health-Care Coverage -
As child support, SHANNON BROCHETTE NELSON is ORDERED to continue to
maintain health insurance for each child who is the subject of this suit that covers basic health
care services, including usual physician services, office visits, hospitalization, laboratory, X-ray,
and emergency services.
SHANNON BROCHETTE NELSON is ORDERED to maintain such health insurance in
full force and effect on each child who is the subject of this suit as long as child support is
payable for that child. SHANNON BROCHETTE NELSON is ORDERED to convert any group
insurance to individual coverage or obtain other health insurance for each child within fifteen
days of termination of her employment or other disqualification from the group insurance.
SHANNON BROCHETTE NELSON is ORDERED to exercise any conversion options or
acquisition of new health insurance in such a n:ianner that the resulting insurance equals or
exceeds that in ef�ect immediately before the change.
SHANNON BROCHETTE NELSON is ORDERED to furnish RETAKA ROMEO
NELSON A/KIA TAKE JONES a true and correct copy of the health insurance policy or
certification and a schedule of benefits within 30 days of the signing of this order. SHANNON
17
1539
BROCHETIE NELSON is ORDERED to furnish RETAKA ROMEO NELSON A/KIA TAKE
JONES the insurance cards and any other forms necessary for use of the insurance within 30
days of the signing of this order. SHANNON BROCHETIE NELSON is ORDERED to
provide, within three days of receipt by her, to RETAKA ROMEO NELSON A/KIA TAKE
JONES any insurance checks, other payments, or explanations of benefits relating to any
medical expenses for the children that RETAKA ROMEO NELSON A/KIA TAKE JONES paid
or incurred.
Pursuant to section 1504.051 of the Texas Insurance Code, IT IS ORDERED that if
SHANNON BROCHETIE NELSON is eligible for dependent health coverage but fails to apply
to obtain coverage for the children, the insurer shall enroll the children on application of
RETAKA ROMEO NELSON A/KIA TAKE JONES or others as authorized by law.
RETAKA ROMEO NELSON A/KIA TAKE JONES is ORDERED to pay SHANNON
BROCHETIE NELSON cash medical support, as additional child support, of one hundred
thirty-two dollars ($132.00) per month, with the fust installment being due and payable on July
1, 2013 and a like installment being due and payable on or before the 1st day of each month until
the termination or modification of current child support for all children under this order.
IT IS ORDERED that the cash medical support provisions of this order shall be an
obligation of the estate of RETAKA ROMEO NELSON A/KIA TAKE JONES and shall not
terminate on his death.
RETAKA ROMEO NELSON A/KIA TAKE JONES �s allowed to discontinue payment
of cash medical support, for the time RETAKA ROMEO NELSON A/KIA TAKE JONES is
providing coverage, if-
a health insurance for the child becomes available to RETAKA ROMEO
18
1540
NELSON A/K/A TAKE JONES at a reasonable cost;
b. RETAKA ROMEO NELSON A/K/A TAKE JONES enrolls the child in
the insurance plan; and
c. RETAKA ROMEO NELSON A/K/A TAKE JONES provides
SHANNON BROCHETTE NELSON and the title N-D agency the
information required under section 154.185 of the Texas Family Code.
Pursuant to section 154.183(c) of the Texas Family Code, the reasonable and necessary
health-care expenses of the children that are not reimbursed by health insurance are allocated as
follows: RETAKA ROMEO NELSON A/KJA TAKE JONES is ORDERED to pay 50 percent
and SHANNON BROCHETTE NELSON is ORDERED to pay 50 percent of the unreimbursed
health-care expenses if, at the time the expenses are incurred, SHANNON BROCHETTE
NELSON is providing health insurance as ordered.
The party who incurs a health-care expense on behalf of a child is ORDERED to submit
to the other party all forms, receipts, bills, statements, and explanations of benefits reflecting the
uninsured portion of the health-care expenses within thirty days after he or she receives them.
The nonincurring party is ORDERED to pay his or her percentage of the uninsured portion of the
health-care expenses either by paying the health-care provider directly or by reimbursing the
incurring party for any advance payment exceeding the incurring party's percentage of the
uninsured portion of the health-care expenses within thirty days after the nonincurring party
receives the forms, receipts, bills, statements, and explanations of benefits.
These provisions apply to all unreimbursed health-care expenses of any child who is the
subject of this suit that are incurred while child support is payable for that child.
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154 1
The parties may submit all forms, receipts, bills, statements, and explanations of benefits
reflecting the uninsured portion of the health-care expenses incurred on behalf of the children to
each other via mail, email, or facsimile. Submission through any of these mediums will be
deemed proper notice.
5. Secondary Coverage - IT IS ORDERED that if a party provides secondary health
insurance coverage for the children, both parties shall cooperate fully with regard to the handling
and filing of claims with the insurance carrier providing the coverage in order to maximize the
benefits available to the children and to ensure that the party who pays for health-care expenses
for the children is reimbursed for the payment from both carriers to the fullest extent possible.
6. Compliance with Insurance Company Requirements - Each party is ORDERED
to conform to all requirements imposed by the terms and conditions of the policy of health
insurance covering the children in order to assure the maximum reimbursement or direct
payment by the insurance company of the incurred health-care expense, including but not limited
to requirements for advance notice to any carrier, second opinions, and the like. Each party is
ORDERED to use "preferred providers," or services within the health maintenance organization,
if applicable. Disallowance of the bill by a health insurer shall not excuse the obligation of
either party to make payment. Excepting emergency health-care expenses incurred on behalf of
the children, if a party incurs health-care expenses for the children using "out-of-network"
health-care providers or services, or fails to follow the health insurance company procedures or
requirements, that party shall pay all s.uch health-care expenses incurred absent ( 1) written
agreement of the parties allocating such health-care expenses or (2) further order of the Court.
7. Claims - Except as provided in this paragraph, the party who is not carrying the
health insurance policy covering the children is ORDERED to furnish to the party carrying the
20
1542
policy, within fifteen days of receiving them, any and all forms, receipts, bills, and statements
reflecting the health-care expenses the party not carrying the policy incurs on behalf of the
children. In accordance with section 1204.25 1 and 1504.055(a) of the Texas Insurance Code, IT
IS ORDERED that the party who is not carrying the health insurance policy covering the
children, at that party's option , may file any claims for health-care expenses directly with the
insurance carrier with and from whom coverage is provided for the benefit of the children and
receive payments directly from the insurance company. Further, for the sole purpose of section
1204.25 1 of the Texas Insurance Code, RETAKA ROMEO NELSON A/KJA TAKE JONES is
designated the managing conservator or possessory conservator of the children.
The party who is carrying the health insurance policy covering the children is
ORDERED to submit all forms required by the insurance company for payment or
reimbursement of health-care expenses incurred by either party on behalf of a child to the
insurance carrier within fifteen days of that party's receiving any form, receipt, bill, or statement
reflecting the expenses.
8. Constructive Trust for Payments Received - IT IS ORDERED that any insurance
payments received by a party from the health insurance carrier as reimbursement for health-care
expenses incurred by or on behalf of a child shall belong to the party who paid those expenses.
IT IS FURTHER ORDERED that the party receiving the insurance payments is designated a
con�tructive trustee to receive any insurance checks or payments for health-care expenses paid
by the other party, and th� party carrying the policy shall endorse and forward the checks or
_
payments, along with any explanation of benefits received, to the other party within three days of
receiving them.
9. WARNING - A PARENT ORDERED TO PROVIDE HEALTH INSURANCE
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1543
OR TO PAY THE OTHER PARENT ADDIDONAL CHILD SUPPORT FOR THE COST OF
HEALTH INSURANCE WHO FAILS TO DO SO IS LIABLE FOR NECESSARY MEDICAL
EXPENSES OF THE CHILDREN, WITHOUT REGARD TO WHETHER THE EXPENSES
WOULD HAVE BEEN PAID IF HEALTH INSURANCE HAD BEEN PROVIDED, AND FOR
THE COST OF HEALTH INSURANCE PREMIUMS OR CONTRIBUTIONS, IF ANY, PAID
ON BEHALF OF THE CHILDREN.
Miscellaneous Child Support Provisions
No Credit for Informal Payments
IT IS ORDERED that the child support as prescribed in this decree shall be exclusively
discharged in the manner ordered and that any direct payments made by RETAKA ROMEO
NELSON A/K/A TAKE JONES to SHANNON BROCHETTE NELSON or any expenditures
incurred by RETAKA ROMEO NELSON A/K/A TAKE JONES during RETAKA ROMEO
NELSON A/K/A TAKE JONES's periods of possession of or access to the children, as
prescribed in this decree, for food, clothing, gifts, travel, shelter, or entertainment are deemed in
addition to and not in lieu of the support ordered in this decree.
Support as Obligation of Estate
IT IS ORDERED that the provisions for child support in this decree shall be an
obligation of the estate of RETAKA ROMEO NELSON A/K/A TAKE JONES and shall not
terminate on the death of RETAKA ROMEO NELSON A/K/A TAKE JONES. Payments
received for �e benefit of the children, including payments fr�m the Social Security
Administration, Department of Veterans Affairs or other governmental agency or life insurance
proceeds, annuity payments, trust distributions, or retirement survivor benefits, shall be a credit
22
1544
against this obligation. Any remaining balance of the child support is an obligation of RETAKA
ROMEO NELSON A/KIA TAKE JONES's estate.
Termination of Orders on Remarriage of Parties but Not on Death of Obligee
The provisions of this decree relating to current child support terminate on the remarriage
of RETAKA ROMEO NELSON A/KIA TAKE JONES to SHANNON BROCHETTE NELSON
unless a nonparent or agency has been appointed conservator of the children under chapter 153
of the Texas Family Code. An obligation to pay child support under this decree does not
terminate on the death of SHANNON BROCHETTE NELSON but continues as an obligation to
KMN and APN.
Required Notices
NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS: YOU MAY
USE REASONABLE EFFORTS TO ENFORCE THE TERMS OF ClllLD CUSTODY
SPECIFIED IN TIDS ORDER. A PEACE OFFICER WHO RELIES ON THE TERMS
OF A COURT ORDER AND THE OFFICER'S AGENCY ARE ENTITLED TO THE
APPLICABLE IMMUNITY AGAINST ANY CLAIM, CIVIL OR OTHERWISE,
REGARDING THE OFFICER'S GOOD FAITH ACTS PERFORMED IN THE SCOPE
OF THE OFFICER'S DUTIES IN ENFORCING THE TERMS OF THE ORDER THAT
RELATE TO ClllLD CUSTODY. ANY PERSON WHO KNOWINGLY PRESENTS
FOR ENFORCEMENT AN ORDER THAT IS INVALID OR NO LONGER IN EFFECT
COMMITS AN OFFENSE THAT MAY BE PUNISHABLE BY CONFINEMENT IN JAIL
FOR AS LONG AS TWO YEARS AND A FINE OF AS MUCH AS $10,000.
WARNINGS TO PARTIBS: FAILURE TO OBEY A COURT ORDER FOR ClllLD
SUPPORT OR FOR POSSESSION OF OR ACCESS TO A ClllLD MAY RESULT IN
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1545
FURTHER LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF
COURT. A FINDING OF CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN
JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION,
AND A MONEY JUDGMENT FOR PAYMENT OF ATTORNEY'S FEES AND COURT
COSTS.
FAILURE OF A PARTY TO MAKE A CHILD SUPPORT PAYMENT TO THE
PLACE AND IN THE MANNER REQUIRED BY A COURT ORDER MAY RESULT IN
THE PARTY'S NOT RECEIVING CREDIT FOR MAKING THE PAYMENT.
FAILURE OF A PARTY TO PAY CHILD SUPPORT DOES NOT JUSTIFY
DENYING THAT PARTY COURT-ORDERED POSSESSION OF OR ACCESS TO A
CHILD. REFUSAL BY A PARTY TO ALLOW POSSESSION OF OR ACCESS TO A
CHILD DOES NOT JUSTIFY FAILURE TO PAY COURT-ORDERED CHILD
SUPPORT TO THAT PARTY.
Division ofMarital Estate
The Court finds that the following is a just and right division of the parties' marital estate,
having due regard for the rights of each party and the children of the marriage.
Property to Husband
IT IS ORDERED AND DECREED that the husband, RETAKA ROMEO NELSON
A/KIA TAKE JONES, is awarded the following as his sole and separate property, and the wife is
divested of all right, title, interest, and claim in and_ to that property:
H-1. All household furniture, furnishings, fixtures, goods, art objects, collectibles,
appliances, and equipment in the possession of the husband or subject to his sole control.
24
1546
H-2. All clothing, jewelry, and other personal effects in the possession of the husband
or subject to his sole control.
H-3. All sums of cash in the possession of the husband or subject to his sole control,
including funds on deposit, together with accrued but unpaid interest, in banks, savings
institutions, or other financial institutions, which accounts stand in the husband's sole name or
from which the husband has the sole right to withdraw funds or which are subject to the
husband's sole control.
H-4. All sums, whether matured or unmatured, accrued or unaccrued, vested or
otherwise, together with all increases thereof, the proceeds therefrom, and any other rights
related to any profit-sharing plan, retirement plan, Keogh plan, pension plan, employee stock
option plan, 401(k) plan, employee savings plan, accrued unpaid bonuses, disability plan, or
other benefits existing by reason of the husband's past, present, or future employment.
H-5. All individual retirement accounts, simplified employee pensions, annuities, and
variable annuity life insurance benefits in the husband's name.
H-6. All policies of life insurance (including cash values) insuring the husband's life.
H-7. All brokerage accounts, stocks, bonds, mutual funds, and securities registered in the
husband's name, together with all dividends, splits, and other rights and privileges in connection
with them.
H-8. The 2006 Mercedes __ motor vehicle, vehicle identification number
_______,, together with all prepaid insurance, keys, and title documents.
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1547
Property to Wife
IT IS ORDERED AND DECREED that the wife, SHANNON BROCHETTE NELSON,
is awarded the following as her sole and separate property, and the husband is divested of all
right, title, interest, and claim in and to that property:
W-1. All household furniture, furnishings, fixtures, goods, art objects, collectibles,
appliances, and equipment in the possession of the wife or subject to her sole control.
W-2. All clothing, jewelry, and other personal effects in the possession of the wife or
subject to her sole control.
W-3. All sums of cash in the possession of the wife or subject to her sole control,
including funds on deposit, together with accrued but unpaid interest, in banks, savings
institutions, or other financial institutions, which accounts stand in the wife's sole name or from
which the wife has the sole right to withdraw funds or which are subject to the wife's sole
control.
W-4. The sums, whether matured or unmatured, accrued or unaccrued, vested or
otherwise, together with all increases thereof, the proceeds therefrom, and any other rights
related to any profit-sharing plan, retirement plan, Keogh plan, pension plan, employee stock
option plan, 401(k) plan, employee savings plan, accrued unpaid bonuses, disability plan, or
other benefits existing by reason of the wife's past, present, or future employment.
W-5. The individual retirement accounts, simplified �mployee pensions, annuities, and
variable annuity life insuran� benefits in the wife's name.
W-6. All policies of life insurance (including cash values) insuring the wife's life.
26
1548
W-7. All brokerage accounts, stocks, bonds, mutual funds, and securities registered in the
wife's name, together with all dividends, splits, and other rights and privileges in connection with
them.
W-8. The 201 l Nissan Versa motor vehicle, vehicle identification number _____
_ , together with all prepaid insurance, keys, and title documents.
W-. The 2004 Saab 95 ARC motor vehicle, vehicle identification number
YS3ED49A743003729, together with all prepaid insurance, keys, and title documents, which is
currently is Husband's possession and control, and which shall be returned to wife at 950
Gemini, Suite 6, Houston, Texas 77058 by no later than June 14, 2013 at 3:00 p.m.
W-10. In the case that the 2004 Saab 95 ARC is no longer in Husband's possession and
control and/or not returned to wife by June 14, 2013 as above, Wife is awarded a judgment of
$2,000. 00 against Husband as reimbursement for the vehicle to equalize the community estate.
Division of Debt
Debts to Husband
IT IS ORDERED AND DECREED that the husband, RETAKA ROMEO NELSON
A/KIA TAKE JONES, shall pay, as a part of the division of the estate of the parties, and shall
indemnify and hold the wife and her property harmless from any failure to so discharge, these
items:
H-1. The balance due, including principal, interest, and all other charges, on the
promissory note �iven as part of the purchase price of and secured by a lien on the 2006
Mercedes motor vehicle awarded to husband.
H-2. The following debts, charges, liabilities, and obligations:
a. Federal income tax for the previous year: 2012
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1549
Husband shall pay 100% of any and all amounts, including principal,
interest, and penalties, assessed against the parties, jointly or individually,
due to Husband's fraudulent joint filing for tax year 2012.
H-3. All debts, charges, liabilities, and other obligations incurred solely by the husband
from and after January 20, 2012 unless express provision is made in this decree to the contrary.
H-4. All encumbrances, ad valorem taxes, liens, assessments, or other charges due or
to become due on the real and personal property awarded to the husband in this decree unless
express provision is made in this decree to the contrary.
H-5. In the case that the 2004 Saab 95 ARC is no longer in Husband's possession and
control and/or not returned to wife by June 14, 2013 as above, Wife is awarded a judgment of
$2,000. 00 against Husband as reimbursement for the vehicle to equalize the community estate.
Debts to Wife
IT IS ORDERED AND DECREED that the wife, SHANNON BROCHETTE NELSON,
shall pay, as a part of the division of the estate of the parties, and shall indemnify and hold the
husband and his property harmless from any failure to so discharge, these items:
W-1. The balance due, including principal, interest, and all other charges, on the
promissory note given as part of the purchase price of and secured by a lien on the 2011 Nissan
Versa motor vehicle awarded to wife.
W-2. All debts, charges, liabilities, and other obligations incurred solely by the wife
from an� after January 20, 2012 unless express provision is mad� in this decree to the contrary.
W-3. All encumbrances, ad valorem taxes, liens, assessments, or other charges due or
to become due on the real and personal property awarded to the wife in this decree unless
express provision is made in this decree to the contrary.
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1550
Notice
IT IS ORDERED AND DECREED that each party shall send to the other party, within
three days of its receipt, a copy of any correspondence from a creditor or taxing authority
concerning any potential liability of the other party.
Judgments to Equalize the Community Estate
A. IT IS ORDERED that SHANNON BROCHETTE NELSON is granted a
judgment to equalize the community estate, against RETAKA ROMEO NELSON
A/K/A TAKE JONES of two thousand dollars ($2,000.00) as reimbursement for
the 2004 Saab 95 ARC, such judgment bearing interest at six (6) percent simple
interest per year from the date this order is signed, for which let execution issue.
B. IT IS ORDERED that SHANNON BROCHETTE NELSON is granted a
judgment to equalize the community estate, against RETAKA ROMEO NELSON
AIKIA TAKE JONES of seven thousand five hundred dollars ($7,500.00) as
reimbursement for the 2012 federal income tax liability assessed against
SHANNON BROCHETTE NELSON, such judgment bearing interest at six (6)
percent simple interest per year from the date this order is signed, for which let
execution issue.
Judgment for Attorney's Fees As Additional Child Support
The Court finds that SHANNON BROCHETTE NELSON has incurred $22,800.00 as
attorney's fees, expenses, and costs, which were necessary as support for SHANNON
BROCHETTE NELSON and the children the subject of this suit. IT IS ORDERED that good
cause exists to award SHANNON BROCHETTE NELSON a judgment, as additional child
support, in the amount of $22,800.00 for attorney's fees, expenses, and costs, with interest at 6
29
155 1
percent per year compounded annually from the date this Final Decree of Divorce is signed until
paid. The judgment, for which let execution issue, is awarded against RETAKA ROMEO
NELS ON A/K/A TAKE JONES, and RETAKA ROMEO NELSON A/K/A TAKE JONES is
ORDERED to pay the fees, expenses, costs, and interest to SHANNON BROCHETTE
NELS ON for the support of the children, in installments of $300.00 per month beginning
September 1, 2013 and the first of each month thereafter until paid in full. SHANNON
BROCHETTE NELSON may enforce this judgment for fees, expenses, and costs in her own
name by any means available for the enforcement of a judgment for debt.
Withholding from Earnings
IT IS ORDERED that any employer of RETAKA ROMEO NELSON A/K/A TAKE
JONES shall be ordered to withhold from earnings for attorneys fees child support from the
disposable earnings of RETAKA ROMEO NELSON A/K/A TAKE JONES for the support of
KELLY MICHELLE NELSON and ALEXIS PAIGE NELSON.
IT IS FURTHER ORDERED that all amounts withheld from the disposable earnings of
RETAKA ROMEO NELSON A/K/A TAKE JONES by the employer and paid in accordance
with the order to that employer shall constitute a credit against the child support obligation.
Payment of the full amount of child support ordered paid by this decree through the means of
withholding from earnings shall discharge the child support obligation. If the amount withheld
from earnings and credited against the child support obligation is less than 100 percent of the
amount ordered to be paid by this decree, the balance due remains an obligation of RETAKA
ROMEO NELSON A/K/A TAKE JONES, and it is hereby ORDERED that RETAKA ROMEO
NELSON A/K/A TAKE JONES pay the balance due directly to the state disbursement unit
specified below.
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1552
On this date the Court signed an Employer's Wage Withholding Order.
Payment
IT IS ORDERED that all payments shall be made through the state disbursement unit at
Texas Child Support Disbursement Unit, P.O. Box 65979 1, San Antonio, Texas 78265-979 1,
and thereafter promptly remitted to SHANNON BROCHETIE NELSON for the support of the
children. IT IS ORDERED that each party shall pay, when due, all fees charged to that party by
the state disbursement unit and any other agency statutorily authorized to charge a fee.
Attorney's Fees on Appeal to Court of Appeals
IT IS FURTHER ORDERED AND DECREED that SHANNON BROCHETIE
NELSON is awarded a judgment of ten thousand dollars ($ 1 0,000.00) against RETAKA
ROMEO NELSON AIK/A TAKE JONES for attorney's fees on appeal for the benefit of
attorney, D. Michelle Tewal of Hegwood & Associates, P.C. or her respective counsel. The
judgment shall bear interest at 6 percent per year compounded annually from the date of
judgment, for which let execution issue.
IT IS FURTHER ORDERED AND DECREED that the judgment of attorney's fees on
appeal rendered against RETAKA ROMEO NELSON AIK/A TAKE JONES is conditioned on
the pursuit of an ultimately unsuccessful appeal to the Court of Appeals.
Attorney's Fees on ARpeal to SuRreme Court of Texas
IT IS FURTHER ORDERED AND DECREED that SHANNON BROCHETIE
NELSON is awarded a j�dgment of ten thousand dollars ($ 10,000.00) again�t RETAKA
ROMEO NELSON AIK/A TAKE JONES for attorney's fees on appeal for the benefit of
attorney, D. Michelle Tewal of Hegwood & Associates, P.C. or her respective counsel. The
judgment shall bear interest at 6 percent per year compounded annually from the date of
31
1553
judgment, for which let execution issue.
IT IS FURTHER ORDERED AND DECREED that the judgment of attorney's fees on
appeal rendered against RETAKA ROMEO NELSON A/K/A TAKE JONES is conditioned on
the pursuit of an ultimately unsuccessful appeal to the Supreme Court of Texas.
Amicus Attorney Fees
The Court finds that Attorney Jolanda Jones has satisfactorily discharged all of the
attorney duties and obligations under chapter 1 07 of the Texas Family Code, and IT IS
ORDERED that Attorney Jolanda Jones is hereby discharged and relieved of any further rights,
duties, and responsibilities in this case. The Court finds that the fees are necessaries for the
benefit of the children. IT IS FURTHER ORDERED that Attorney Jolanda Jones is awarded a
judgment, for which let execution issue, of $ 1 8,0 16.50 as additional legal fees, expenses, and
costs, with interest at 6 percent per year compounded annually from the date this Final Decree of
Divorce is signed until paid, for services rendered as amicus attorney from April 28, 201 3
through the entry of this Decree. These fees are taxed as costs, and RETAKA ROMEO
NELSON AIK/A TAKE JONES is ORDERED to pay $14,69 1.25 of said fees and applicable
interest and SHANNON BROCHETTE NELSON is ORDERED to pay $3,325.25 and
applicable interest of said fees to Attorney Jolanda Jones. RETAKA ROMEO NELSON A/K/A
TAKE JONES is ORDERED to pay his balance in installments of $300.00 per month beginning
September l , 2013 and the first of each month thereafter until paid in full via wage or income
�ithholding order. SHANNON BROCHETTE NELSO� is ORDERED to pay by cash, cashier's
check, or money order on or before October 1, 2013. Attorney Jolanda Jones may enforce this
order for fees in the attorney's own name.
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1554
Withholding from Earnings
IT IS ORDERED that any employer of RETAKA ROMEO NELSON NKIA TAKE
JONES shall be ordered to withhold from earnings for attorneys fees as child support from the
disposable earnings of RETAKA RO EO NELSON NKIA TAKE JONES for the support of
APNJ .E
MICHEi
KMN and
IT IS FURTHER ORDERED that all amounts withheld from the disposable earnings of
RETAKA ROMEO NELSON NKIA TAKE JONES by the employer and paid in accordance
with the order to that employer shall constitute a credit against the child support obligation.
Payment of the full amount of child support ordered paid by this decree through the means of
withholding from earnings shall discharge the child support obligation. If the amount withheld
from earnings and credited against the child support obligation is less than 100 percent of the
amount ordered to be paid by this decree, the balance due remains an obligation of RETAKA
ROMEO NELSON NKIA TAKE JONES, and it is hereby ORDERED that RETAKA ROMEO
NELSON NKIA TAKE JONES pay the balance due directly to the state disbursement unit
specified below.
On this date the Court signed an Employer's Wage Withholding Order.
Payment
IT IS ORDERED that all payments shall be made through the state disbursement unit at
Texas Child Support Disbursement Unit, P.O. Box 659791, San Antonio, Texas 78265-979 1,
and thereafter promptly remitted to Attorney Jolanda Jones at Law Office of Jolanda Jones, PO
Box 8312, Houston, Texas 77288.
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1555
Treatment/Allocation of Community Income for Year of Divorce
IT IS ORDERED AND DECREED that, for the calendar year 201 3, each party shall file
an individual income tax return in accordance with the Internal Revenue Code.
IT IS ORDERED AND DECREED that for calendar year 201 3, each party shall
indemnify and hold the other party and his or her property harmless from any tax liability
associated with the reporting party's individual tax return for that year unless the parties have
agreed to allocate their tax liability in a manner different from that reflected on their returns.
IT IS ORDERED AND DECREED that each party shall furnish such information to the
other party as is requested to prepare federal income tax returns for 201 3 within thirty days of
receipt of a written request for the information, and in no event shall the available information be
exchanged later than March 1, 2014. As requested information becomes available after that date,
it shall be provided within ten days of receipt.
IT IS ORDERED AND DECREED that all payments made to the other party in
accordance with the allocation provisions for payment of federal income taxes contained in this
Final Decree of Divorce are not deemed income to the party receiving those payments but are
part of the property division and necessary for a just and right division of the parties' estate.
No Alimony
IT IS ORDERED AND DECREED that no provision of this decree shall be construed as
alimony under the Internal Revenue Code, except as this decree expressly provides for payment
of maintenance or alimony under the Internal Reven�e Code.
34
1556
Transfer and Delivery ofProperly
Direction to Deliver Property
RETAKA ROMEO NELSON AIK/A TAKE JONES is ORDERED to deliver to
SHANNON BROCHETTE NELSON on June 14, 201 3 by no later than 3:00 p.m at Hegwood &
Associates, P.C., 950 Gemini, Suite 6, Houston, Texas 77058 these items:
1. 2004 Saab 95 ARC together with all keys, insurance policies, registration papers,
and title documents or
Permanent Injunctions as to Persons
The Court finds that, because of the conduct of RETAKA ROMEO NELSON AIK/A
TAKE JONES, a permanent injunction against him should be granted as appropriate relief
because there is no adequate remedy at law.
The permanent injunction granted below shall be effective immediately and shall be
binding on RETAKA ROMEO NELSON AIK/A TAKE JONES; on his agents, servants,
employees, and attorneys; and on those persons in active concert or participation with them who
receive actual notice of this order by personal service or otherwise.
IT IS ORDERED AND DECREED that RETAKA ROMEO NELSON AIK/A TAKE
JONES is permanently enjoined from:
1. Committing family violence, including physical, mental, emotional, verbal or
cyber abuse of any nature, as well as stalking, as defined by section 7 1 .004 of the
Texas Family Code.
2. Doing any act that is intended to result in physical harm, bodily injury, assault, or
sexual assault against Kelly Michelle Nelson, Alexis Paige Nelson, or Shannon
Brochette Nelson.
35
1557
3. Doing any act that is a threat that reasonably places KMN
APN, or Shannon Brochette Nelson in fear of imminent physical
harm, bodily injury, assault, or sexual assault.
4. Committing abuse of a child of the family or household as defined by Texas
Family Code section 26 1 .00 l ( l )(C), (E), and (G).
5. Communicating directly with KMN, APN, or
Shannon Brochette Nelson in a threatening or harassing manner.
6. Communicating a threat through any person to KMN, APN,
or Shannon Brochette Nelson.
7. Communicating with the children outside of the SAFE Program or
communicating negative comments about Shannon Brochette Nelson to the
children or asking the children questions regarding Shannon Brochette Nelson,
Morris Edwards, Amanda Norris, PhD., Octavia Jones-Reed, and Chris Jones.
8. Communicating to KMN or APN to not obey
Shannon Brochette Nelson or other adults.
9. On the basis of good cause shown, engaging in conduct directed specifically
toward KMN, APN, or Shannon Brochette
Nelson, including following KMN, APN, or
Shannon Brochette Nelson, that is reasonably likely to harass, annoy, alarm,
abuse, torment •. or embarrass KMN, APN, or
Shannon Brochette Nelson.
10. Accessing Shannon Brochette Nelson's wireless and/or wired internet network in
any manner, including but not limited to remote, wired, or wireless access.
36
1558
1 1. Accessing Shannon Brochette Nelson's cellular and/or wireless and/or wired
phone services or data storage via iCloud or any other virtual or actual storage
medium in any manner, including but not limited to remote, wired, or wireless
access.
1 2. Accessing Shannon Brochette Nelson's wireless and/or wired electronic devices
and accounts, remotely or otherwise, including but not limited to cell phone,
computer, modem, router, hard drive, cable box, global positioning satellite
device, personal digital assistant, tablet pc, digital camera, smart television,
gaming systems, DVD/Blueray player.
� 3. Going to or near the residences or places of employment or business or school of
KMN, APN, or Shannon Brochette Nelson. The
Court specifically prohibits Respondent from going to or near the following
addresses, but not limited to: 2323 West Bay Area Blvd. #7 16, Webster, Texas
77598; 3001 West Bay Area Blvd., Friendswood, Texas 77546; 2903
Friendswood Link Rd., Webster, Texas 77598; 2000 Garth Rd., Baytown Texas
77520 and specifically requires Respondent to maintain at least one ( 1 ) mile from
the above-listed addresses.
14. Going to or near, or w ithin one ( 1 ) mile of, any location w here KMN,
APN, or . Shannon Brochette Nelson is know n by
Resp�ndent to be and further prohibited from remaining wi�n one ( 1 ) mile after
Respondent becomes aw are of KMN, APN, or
Shannon Brochette Nelson's presence.
37
1559
15. Going t o o r near the residences, caregivers, child-care facilities, o r schools where
KMN and APN normally attend or in which
KMN and APN normally reside or are cared for.
The Court specifically prohibits Respondent from going to or near 2323 West Bay
Area Blvd. #7 16, Webster, Texas 77598; 3001 West Bay Area Blvd.,
Friendswood, Texas 77546; 2903 Friendswood Link Rd., Webster, Texas 77598;
6327 Tautenhahn, Houston, Texas 77016 and specifically requires Respondent to
maintain at least one ( 1 ) mile from the above-listed addresses.
16.
Removing KMN and/or APN from the possession of any school where KMN or
APN attend or from the possession and/or care of Shannon Brochette Nelson,
Octavia Jones-Reed, and/or Chris Jones.
17. Possessing a firearm or ammunition, unless Respondent is a peace officer, as
defined by section 1 .07 of the Texas Penal Code, actively engaged in employment
as a sworn, full-time paid employee of a state agency or political subdivision.
18. Removing KMN and/or APN or causing or
directing someone else to remove said children outside of Harris county and
contiguous counties for any reason.
Service of Writ
IT IS ORDERED that RETAKA ROMEO NELSON AIK/A TAKE JONES shall be
deemed to be duly served with the writ of injunction.
38
1560
Change ofRespondent 's Name
IT IS ORDERED AND DECREED that SHANNON BROCHETIE NELSON's name is
changed to SHANNON BROCHETIE JONES.
Court Costs
IT IS ORDERED AND DECREED that costs of court are to be borne by the party who
incurred them.
Resolution of Temporary Orders
Discluuge from Discovery Retention Requirement
IT IS ORDERED AND DECREED that the parties and their respective attorneys are
discharged from the requirement of keeping and storing the documents produced in this case in
accordance with rule 1 9 1 .4(d) of the Texas Rules of Civil Procedure. or/�,�� � I
DI' 'J'V"' I C {Qt'.e.I 01. d1 J,' �/ ('fJ[Jrtt/ J h 1/( 61' /HIA 1\,.//l. V
Indemnification
/)--ec. ,�64" 1/1 GJ..e)/S-"
Each party represents and warrants that he or she has not incurred any outstanding debt,
obligation, or other liability on which the other party is or may be liable, other than those
described in this decree. Each party agrees �d IT IS ORDERED that if any claim, action, or
proceeding is hereafter initiated seeking to hold the party not assuming a debt, an obligation, a
liability, an act, or an omission of the other party liable for such debt, obligation, liability, act or
omission of the other party, that other party will, at his or her sole expense, defend the party not
assuming the debt, obligation, liability, act, or omission of the other party against any such claim
or demand, whether or not well founded, and will indemnify the party not assuming the debt,
39
156 1
obligation, liability, act, or omission of the other party and hold him or her harmless from all
damages resulting from the claim or demand.
Damages, as used in this provision, includes any reasonable loss, cost, expense, penalty,
and other damage, including without limitation attorney's fees and other costs and expenses
reasonably and necessarily incurred in enforcing this indemnity.
IT IS ORDERED that the indemnifying party will reimburse the indemnified party, on
demand, for any payment made by the indemnified party at any time after the entry of the
divorce decree to satisfy any judgment of any court of competent jurisdiction or in accordance
with a bona fide compromise or settlement of claims, demands, or actions for any damages to
which this indemnity relates.
The parties agree and IT IS ORDERED that each party will give the other party prompt
written notice of any litigation threatened or instituted against either party that might constitute
the basis of a claim for indemnity under this decree.
Clarifying Orders
Without affecting the finality of this Final Decree of Divorce, this Court expressly
reserves the right to make orders necessary to clarify and enforce this decree.
ReliefNot Granted
IT IS ORDERED AND DECREED that all relief requested in this case and not expressly
granted is denied. This is a final judgment, for which let execution and all Writs and processes
-- - -·- · · · -·- ·
necessary to enforce this judgment issue. '.fhis judgment finally disposes of all claims and all
parties and is appealable.
40
1562
Date ofJudgment
JUN 2 6 Z0.13
SIGNED on --------"
ii1(9B'PRESIDING
J
APPROVED AS TO FORM ONLY:
Hegwood & Associates, P.C.
Kimberly A. Hegwood
State Bar No. 00798248
950 Gemini, Suite 6
Houston, Texas 77058
Tel: (28 1 ) 2 1 8-0880
Fax: (28 1 ) 938- 1 785
Attorney for Shannon Brochette Nelson
State B o.
PO Box 83 2
HOUSTON, TX 77288
Tel: (7 1 3) 874- 1 1 1 1
Fax: (888) 874-8076
Amicus Attorney for Kelly Michelle Nelson and Alexis Paige Nelson
41
1563
APPROVED AND CONSENTED TO AS TO
BOTH FORM AND SUBSTANCE:
RETAKA ROMEO NELSON a/k/a TAKE JONES
42
1564
Appendix Tab P:
Signed Order of Written Findings of
Defective Service of Counter-Petition and
Citation
NO. 2012-04063
IN THE MATTER OF § IN THE DISTRICT COURT
THE MARRIAGE OF §
§
RETAKA ROMEO NELSON §
AND § 312TH JUDICIAL DISTRICT
SHANNON BROCHETTE NELSON §
§
AND IN THE INTEREST OF §
KELLY MICHELLE NELSON AND § HARIUSCOUNTY,TEXAS
ALEXIS PAIGE NELSON, CHILDREN §
ORDER ON MOTION TO SET ASIDE OR DISSOLVE RESPONDENT'S
DEFAULT TEMPORARY ORDERS
On JlUle 11, 2012 the Court heard and GRANTED Petitioner's motion to set aside or
dissolve Respondent's default temporary orders signed and entered on April 4, 2012 for
Respondent, SHANNON BROCHETTE NELSON, against Petitioner, RETAKA RQEo
-~
r-1'!!:;
NELSON. . ~~.~ :::
A n'Pearances
·- ....
.._. l: u; (.!:J
r. ~uc ~
Petitioner/Counter-Respondent, RETAKA ROMEO NELSON appeared in~ and
through Lead Counsel, Edward C. Burwell, and announced ready.
KespomtentJCounter-l'etJ.tJ.oner, :StlANNUN tlKUCH.t-11 t- Nt-L:SUN appeared m person
and through attorney of record, D. Michelle Tewal, and announced ready.
Defective Service of Process
The Court finds that setVice of process ofthe defaulttemporary orders signed and entered
on April 4, 2012 for SHANNON BROCHETTE NELSON, against RETAKA ROMEO
NELSON, contains multiple defectives.
The Court finds that the service address listed on the Order Granting Alternative Service
on RETAKA ROMEO NELSON for SHANNON BROCHETTE NELSON, is defective.
RET AKA ROMEO NELSON AND SHANNON BROCHE'ITE NELSON
IN THE INTEREST OF KELLY MICHELLE NELSON AND ALEXIS PAIGE NELSON
ORDER ON MOTION TO SET ASIDE OR DISSOLVE RESPONDENT'S DEFAULT TEMPORARY ORDERS
1
RECORDER'S MEMORANDUM
This Instrument Is of poor quality
at the time of imaging
370
.....
·I
The Court finds that the service address listed on the Citation executed on RETAKA
ROMEO NELSON for SHANNON BROCHETTE NELSON, is defective.
The Court finds that the service address listed on the Process Server's Affidavit executed
on RETAKA ROMEO NELSON for SHANNON BROCHETTE NELSON, is defective.
The Court finds that the service address listed on the Return of Service executed on
RETAKA ROMEO NELSON for SHANNON BROCHETTE NELSON, is defective.
The Court finds that Petitioner, RETAKA ROMEO NELSON, did not receive proper
service and notice of Respondent's Citation, Counter-Original Petition for Divorce, Order
Granting Alternative Service, and Temporary Restraining Order, in accordance to the Texas
Rules ofCivil Procedure.
On June 11, 2012 the Court ORDERED that the default temporary orders signed and
entered on April 4, 2012 for Respondent, SHANNON BROCHETTE NELSON, against
Petitioner, RETAKA ROMEO NELSON, is void and set aside, as evidenced by the June 11,
2012 entry on the General Order ofthe Court, and by signature below.
oz...,
SIGNED this t1- day of ikbt2Y
u
'20_\_.
RET AKA ROMEO NELSON AND SHANNON BROCHETTE NELSON
IN THE INTEREST OF KELLY MICHELLE NELSON AND ALEXIS PAIGE NELSON
ORDER ON MOTION TO SET ASIDE OR DISSOLVE RESPONDENT'S DEFAULT TEMPORARY ORDERS
2
371
AGREED AS TO FORM ONLY
RET AKA ROMEO NELSON
ProSe Petitioner/Counter-Respondent
3007 Woodland Hills Dr.# 219, Kingwood, TX 77339
Tel: (832) 590-9295/ Alt (415) 446-9395
Fax:~-
(888) 633- ~~
D. ~
State Bar No. 06618
95 Gemini, Suite 6
Houston, TX 77058
Tel: (281) 218-0880
Fax: (281) 938-1785
Attorney for Respondent/Counter-Petitioner,
Shannon Brochette Nelson
Nathene Caldwell
State Bar No. 22050800
Assistant Attorney General
Child Support Division
Child Support Unit 0608E
450 N. Sam Houston, Suite 190
Houston, TX 77060
Tel: (218) 820-1200
Fax: (281) 445-3301
AGREED AND CONSENTED TO AS BOTH FORM AND SUBSTANCE
SHANNON BROCHETTE NELSON
Counter-Petitioner/Respondent
.--"'
~..-oz.__
RETAKA ROMEO NELSON
Pro Se Petitioner/Counter-Respondent
RET AKA ROMEO NELSON AND SHANNON BROCHETIE NELSON
IN THE INTEREST OF KELLY MICHELLE NELSON AND ALEXIS PAIGE NELSON
ORDER ON MOTION TO SET ASIDE OR DISSOLVE RESPONDENT'S DEFAULT TEMPORARY ORDERS
3
372
Retaka Romeo Nelson v. Shannon Brochette Nelson
Combined Opinion