Retaka Romeo Nelson v. Shannon Brochette Nelson ( 2015 )

ACCEPTED 01-13-00816-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 7/6/2015 2:21:11 AM CHRISTOPHER PRINE CLERK NO. 01-13-00816-CV In The FILED IN 1st COURT OF APPEALS First District Court of Appeals of Texas HOUSTON, TEXAS at Houston 7/6/2015 2:21:11 AM 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 EMERGENCY MOTION TO STAY EN BANC RECONSIDERATION TO THE HONORABLE FIRST DISTRICT COURT OF APPEALS: Appellant requests this court stay consideration of his pending motion for en banc reconsideration, pending the outcome of his 1) pending motion to remand for lost or destroyed records, and 2) his pending motion for leave to supplement. The remand and supplement motions would be mooted by this court’s premature ruling on the pending en banc motion for reconsideration. Appellant would be harmed if he is precluded from the relief within both motions, which are both subject to inclusion into the pending motion for en banc reconsideration by amendment or supplementation. This motion was filed in good faith to establish due-order-of- pleadings, and not for the sake of delay or harassment. 1 Conclusion This court should grant Appellant’s emergency request to stay consideration of his pending motion for en banc reconsideration, so that it can first consider his pending motion to remand for lost or destroyed records, and his pending motion for leave to supplement, in due-order-of-pleadings. 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 Certificate of Compliance Pursuant to Tex. R. App. P. 9.4, I hereby certify that the number of words in this document are 408. I have relied on the word count of the computer program used to prepare the document. /s/ Retaka Nelson Retaka Nelson 2 Certificate of Conference In that Shannon’s appellate counsel is opposed to Appellant’s pending motion to remand for lost or destroyed records, and his pending motion for leave to supplement, it is suffice to infer that she opposes this motion to stay. /s/ Retaka Nelson Retaka Nelson Certificate of Service I certify that a true copy of all documents herein was served in accordance with Tex. R. App. P. 9.5 on each party as follows: Shari Goldsberry Via E-Serve on 7/6/2015 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, Shannon Nelson /s/ Retaka Nelson Retaka Nelson 3