ACCEPTED
04-15-00597-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
10/19/2015 2:43:55 AM
KEITH HOTTLE
CLERK
04-15-00597-CV
FILED IN
4th COURT OF APPEALS
IN SAN ANTONIO, TEXAS
THE FOURTH COURT OF APPEALS
10/19/2015 2:43:55 AM
BEXAR COUNTY, TEXAS KEITH E. HOTTLE
Clerk
JULIA ANN HERNANDEZ
Appellant
v.
JAQUELINE GOEDE
Appellee
On Appeal from the County Court at Law No. 10
of Bexar County, Texas
Cause No. 2015CV00194
The Honorable David J. Rodriquez, Judge Presiding
APPELLANT RESPONSE TO COURT ORDER
Chris Carmona
Texas Bar No. 24072022
P.O. Box 7137
Houston, Texas 77248
Tel. (832)444-4293
Fax (832)460-2724
COUNSEL FOR APPELLANT
NO ORAL ARGUMENT REQUESTED
TO THE HONORABLE FOURTH COURT OF APPEALS:
Julia Ann Hernandez files this Response in support of her timeliness of
Motion for New Trial and Notice of Appeal. Julia Ann Hernandez timely filed a
Motion for New Trial on September 25, 2015. As shown on the attached exhibits
[Exhibits A-E], the Bexar county clerk incorrectly rejected the original filing for
nonqualified reasons under Tex. R. Civ P. 21(f)(8) on June 26, 2015. Julia Ann
Hernandez immediately refiled with the requested change by the clerk on June 26,
2015. The clerk’s record should reflect that there was a rejected filing on June 25,
2015 and the timeline for the appeal should be counted as of the time the rejected
filing was submitted. It would have been impractical and impossible to re-file on
June 25, 2015, when the County clerk did not reject the original filing until June 26,
2015. Because the original filing was on June 25, 2015, this Court should consider
the Motion for New Trial filed by Julia Ann Hernandez timely filed for all purposes
related to the appeal. Because the Motion for new trial was timely filed, the Notice
of Appeal filed by Julia Ann Hernandez on September 9, 2015 is within the
allowable time to file an appeal under Tex. R. Civ. P 329b and Tex. R. App. P. 26.1.
CONCLUSION
Julia Ann Hernandez timely filed her Motion for New Trial extending the time
allowable to file the Notice of Appeal, and therefore this appeal should be able to
proceed.
PRAYER
Julia Ann Hernandez respectfully prays that the Court (1) deem her Motion
for New Trial timely, (2) deem her Notice of Appeal timely, (3) grant any available
extensions necessary to perfect the her appeal and (3) grant all other appropriate
relief to Appellant.
Respectfully submitted,
By: /s/Chris Carmona
Chris Carmona
Attorney at Law
SBN: 24072022
Law Office of Chris Carmona
PO Box 7137
Houston, TX 77248
832-444-4293 ph
832-460-2724 fax
Email:
chris@carmonalawoffice.com
CERTIFICATE OF SERVICE
I CERTIFY THAT THE FOREGOING RESPONSE TO COURT ORDER WAS
ELECTRONICALLY FILED WITH THE CLERK OF THE COURT USING THE
ELECTRONIC CASE FILING SYSTEM OF THE COURT. I ALSO CERTIFY THAT A
TRUE AND CORRECT COPY OF THE FOREGOING WAS SERVED BY
ELECTRONIC MAIL ON APPELLEE’S COUNSEL OF RECORD.
/s/Chris Carmona
CHRISTOPHER CARMONA
SERVED ON:
CLARISSA RODRIGUEZ
Denton, Navarro, Rocha, Bernal, Hyde & Zech, P.C.
2517 N. Main
San Antonio, TX 78217
210/227-3243
210/225-4481 (f)
clarissa.rodriguez@rampage-sa.com
Chris Carmona
From: No-Reply@eFileTexas.gov
Sent: Thursday, June 25, 2015 2:29 PM
To: Chris Carmona FILED IN
Subject: eFileTexas.gov - Filing Submitted - 5825528 4th COURT OF APPEALS
SAN ANTONIO, TEXAS
10/19/2015 2:43:55 AM
KEITH E. HOTTLE
Clerk
Filing Submitted
Envelope Number: 5825528
The filing below has been submitted to the clerks office for review. Please allow up to 24 business
hours for clerk office processing.
Filing Details
Court Bexar County
Date/Time Submitted: 6/25/2015 2:28:10 PM
Filing Type: Motion for New Trial
Activity Requested: EFileAndServe
Filed By: Chris Carmona
Fee Details
This envelope is pending review and fees may change.
Case Fee Information $1.88
Payment Service Fees $1.88
Motion for New Trial $65.00
Court Fees $65.00
Total: $66.88 (The envelope still has pending filings and the fees are subject to change)
Document Details
Lead File: Motion for New Trial.pdf
Lead File Page Count: 2
https://efile.txcourts.gov/ViewDocuments.aspx?FID=e165039f-42b7-
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Chris Carmona
From: No-Reply@eFileTexas.gov
Sent: Thursday, June 25, 2015 2:29 PM
To: Chris Carmona FILED IN
Subject: eFileTexas.gov – Notification of Service - 5825528 4th COURT OF APPEALS
SAN ANTONIO, TEXAS
10/19/2015 2:43:55 AM
KEITH E. HOTTLE
Clerk
Notification of Service
Envelope Number: 5825528
This is a notification of service for the filing listed. Please click the link below to retrieve the submitted
document.
Filing Details
Case Number 2015CV00194
Case Style
Date/Time Submitted 6/25/2015 2:28:10 PM
Filing Type Motion for New Trial
Filed By Chris Carmona
Other Service Contacts not associated with a party on the case:
Clarissa Rodriguez (clarissa.rodriguez@rampage-sa.com)
Service Contacts
Chris Carmona (chris@carmonalawoffice.com)
Christy Burke (christy.burke@rampage-sa.com)
Document Details
https://efile.txcourts.gov/ViewServiceDocuments.aspx?ADMIN=0&SID=42af9960-
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NO. 2015CV00194
JULIA ANN HERNANDEZ § IN THE COUNTY COURT
FILED IN
Plaintiff, § 4th COURT OF APPEALS
§ SAN ANTONIO, TEXAS
V. § AT LAW NO. 10 10/19/2015 2:43:55 AM
§ KEITH E. HOTTLE
JAQUELINE R. GOEDE § Clerk
Defendant. § OF BEXAR COUNTY, TEXAS
Motion for New Trial
This Motion for New Trial is brought by JULIA ANN HERNANDEZ, Movant, who
shows in support:
1. On May 26, 2015 a judgment was signed by this Court in this case.
2. A new trial should be granted to Movant because the evidence is legally and
factually insufficient to support this Court’s judgment. Specifically, the evidence is legally and
factually insufficient to support this Court’s judgment based on the following:
a. This Court erred in its interpretation of Chapter 27 of the Texas Civil
Practices Remedies Code. More specifically, this Court failed to follow the code and the
burden of proof that Defendant had in establishing a viable defense. More over, this Curt
erred in switching the burden of proof back to Plaintiff to prove its claim by clear and
convincing evidence without first having Defendant establish their case as required in
Chapter 27.
b. Additionally, this Court erred in grating Attorney’s Fees to Defendant
where no fees had been borne or incurred. The law is well settled that attorneys fees can
only be granted when the costs were actually incurred or the party becomes liable for the
legal fees. There was no proof in the record that showed or proved that the Defendant
incurred or became liable for attorneys fees and as such, this Court erred by granting
attorneys fees to Defendant.
The above errors amounted to such a denial of Movant’s rights as was reasonably calculated to
cause and probably did cause rendition of an improper judgment in the case. Tex. R. App. P.
44.1(a)(1).
3. The granting of a new trial would not injure Defendant, but would injure Movant.
4. Justice will not be properly served unless a new trial is granted.
JULIA ANN HERNANDEZ, prays that the Court set aside the judgment signed on May
26, 2015 and grant a new trial.
LAW OFFICE OF CHRIS CARMONA
PO Box 7137
Houston, Texas 77248
Tel: 832-444-4293
Fax: 832-460-2724
By: /s/ Chris Carmona
CHRIS CARMONA
State Bar No. 24072022
Attorney for Plaintiffs
Notice of Hearing
The above motion is set for hearing on ___________________ at ______ __. .M. in
County Court of Law Number 10 of Bexar County.
SIGNED on ____________________ 2015.
__________________________
Judge or Clerk
Certificate of Service
I certify that a true copy of the above was served on each attorney of record or party in
accordance with the Texas Rules of Civil Procedure on June 25, 2015.
/s/ Chris Carmona
CHRIS CARMONA
Attorney for Movant
Chris Carmona
From: Chris Carmona
Sent: Thursday, June 25, 2015 3:12 PM
To: Clarissa Rodriguez FILED IN
Subject: Hernandez v Goede 4th COURT OF APPEALS
Attachments: Motion for New Trial.pdf SAN ANTONIO, TEXAS
10/19/2015 2:43:55 AM
KEITH E. HOTTLE
Please find attached Ms. Hernandez' Motion for New Trial filed today. Clerk
Regards,
Chris Carmona
Attorney at Law
Law Office of Chris Carmona
ph. 832-444-4293
fax 832-460-2724
chris@carmonalawoffice.com
THIS ELECTRONIC MAIL TRANSMISSION AND ANY ATTACHMENTS HERETO CONTAIN INFORMATION FROM LAW OFFICE OF CHRIS CARMONA, WHICH
IS CONFIDENTIAL AND PRIVILEGED. THE INFORMATION IS INTENDED FOR THE SOLE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT IS
ADDRESSED. IF YOU ARE NOT THE INTENDED RECIPIENT, YOUR USE, DISSEMINATION, FORWARDING, PRINTING OR COPYING OF THIS
INFORMATION IS PROHIBITED, AND WE COUNT ON YOUR UNDERSTANDING AND COOPERATION IN THIS. IF YOU HAVE RECEIVED THIS E-MAIL IN
ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE OR RETURN E-MAIL AND DELETE THIS E-MAIL. THANK YOU VERY KINDLY.
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Chris Carmona
From: No-Reply@eFileTexas.gov
Sent: Friday, June 26, 2015 8:58 AM
To: Chris Carmona FILED IN
Subject: eFileTexas.gov – Filing Returned - 5825528 4th COURT OF APPEALS
SAN ANTONIO, TEXAS
10/19/2015 2:43:55 AM
KEITH E. HOTTLE
Clerk
Filing Returned
Envelope Number: 5825528
The filing below which has been previously served to you has been returned for further action from
the filer.
Return Reason(s) from Clerk's Office
Return Reason(s) Incorrect Formatting - TRCP 21 (f)(8)
Please contact the Setting Clerks for hearing dates at 335-3179 and
Return Comment
resubmit filing. Thank You! Linda
Filing Details
Court Bexar County
Case Number 2015CV00194
Case Style
Date/Time Submitted 6/25/2015 2:28:10 PM
Activity Requested Motion for New Trial
Filed By Chris Carmona
Service Contacts $$$allcontacts
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