Alan L. Hamilton, Individually and as Successor Trustee of the Hamilton Family Trust, and as Independent of the Estate of Maurine P. Hamilton v. Daniel Davila, III ( 2015 )

ACCEPTED
03-15-00357-CV
5924920
THIRD COURT OF APPEALS
AUSTIN, TEXAS
7/2/2015 3:26:08 PM
JEFFREY D. KYLE
CAUSE NO. D-l-GN-13-001230 CLERK
ALAN L. HAMILTON, INDIVIDUALLY § IN THE DISTRICT COURT
AND AS SUCCESSOR TRUSTEE OF THE § RECEIVED IN
HAMILTON FAMILY TRUST AND AS § 3rd COURT OF APPEALS
AUSTIN, TEXAS
INDEPENDENT EXECUTOR OF THE § 7/2/2015 3:26:08 PM
ESTATE OF MAURINE P. HAMILTON, § JEFFREY D. KYLE
PLAINTIFF § Clerk
§
VS. § 353RD JUDICIAL DISTRICT
§
DANIEL DAVILA III, §
DEFENDANT. § TRAVIS COUNTY, TEXAS
PLAINTIFF'S DESIGNATION OF ITEMS TO BE INCLUDED IN CLERK'S RECORD
TO: VELVA L. PRICE, District Clerk, Rm 302 Courthouse, 1000 Guadalupe Street, P.O.
Box 1748, Austin, Texas 78767-1748 (Attn: Shaun Glasson)
Under Texas Rule of Appellate Procedure 34.5, Plaintiff Alan L.Hamilton (herein at
times referred to as "Alan Hamilton" or "PLAINTIFF"), and files this designation of
items to be included in the Clerk's Record in the appeal of the final judgment in the
above case.
REQUEST FOR MANDATORY ITEMS
Plaintiff designates the following mandatory items specified in Texas Rule of Appellate
Procedure 34.5 for inclusion in the sworn record:
1) all pleadings on which the summary judgment proceedings were held;
2) the court's docket sheet;
3) the court's order that is being appealed namely, the Final Judgment dated March 9,2015;
4) any post-order motions and the court's orders thereon;
5) all notices of appeal; and
PlaintifFs Designation of Items to be Included in Clerk's Record
Page 1 of 3
6) all requests for preparation of the Clerk's Record.
REQUEST FOR ADDITIONAL ITEMS
In addition. Plaintiff designates the items hsted below, all of which are specifically
described in the attached spreadsheet, to make them readily identifiable:
7) Judges Notes
8) EVERYTHING in court record, 45 documents including Judge's Notes and this
document. See attached spreadsheet with complete clerk's court record hsting with:
a) numbered documents,
b) dates filed,
c) filed by,
d) document titles,
e) number of pages and
f) estimated start page for each docimient in court record
Under Texas Rule of Appellate Procedure 37.3, Plaintiff will pay for the preparation of
the Clerk's Record.
Respectfijlly submitted.
Alan L Hamilton, Plaintiff, Pro Se, Appellant
9902 Childress Dr
Austin, Texas 78753
512-832-6384
AlanHamilton@ProBaitCourt. com
PlaintifTs Designation of Items to be Included in Clerk's Record
Page 2 of 3
CERTIFICATE OF SERVICE
On %^c> iS~ , a copy of the foregoing instalment was served, in comphance
with Texas Rules of CivU Procedure 21 and 21a, on the following in the manner listed below:
Counselfor Appellee/Defendant:
Attomey for: Daniel Davila, HI
Attomey's name: Robert M Smith
Attomey's address COKINOS, BOSIEN & YOUNG
10999 West ffl-10. Suite 800
San Antonio, Texas
(210) 293-8700 office
(210) 293-8733 fax
Type of Service:
_U.S. Mail, Certified Return Receipt Request No..
_U.S. Mail, First Class.
_Hand delivery by [name of delivery service]:
_Facsimile transmission to fax number 210-293-8733 before 5 p.m
X via wwvv.Greenfiling.com "file and serve" - www.eFileTexas.gov
Signature:
Alan L Hamilton, Plaintiif, Pro Se, Appellant
9902 Childress Dr
Austin, Texas 78753
512-832-6384
AlanHamilton(a)ProBaitCourt. com
Plaintifrs Designation of Items to be Included in Clerk's Record
Page 3 of 3
D-1-GN-13-001230-Designation of Clerk's Record spreadsheet
Case:D-1-GN-13-001230 with (45) documents
FILED start page # pgs
DOC # FILED DATE BY: CATEGORY DESCRIPTION ADDITIONAL INFO # total notes details
Appeals Cover page Appeal Cover page 1 1 Shaun estimate
Index Index 2 2 Shaun estimate
1 4/12/2013 PL1 PET-PL ORIGINAL PETITION/APPLICATION PLAINTIFF'S ORIGINAL PETITION 4 7
2 4/17/2013 PL1 SRVPROCESS EXE SERVICE OF CITATION DANIEL DAVILA III 11 1
DEFENDANT'S ORIGINAL ANSWER TO
3 5/6/2013 DF1 ANS-RESP ORIGINAL ANSWER 12 2
PLAINTIFF'S ORIGINAL PETITION
DEFENDANT'S FIRST AMENDED
4 5/22/2013 DF1 ANS-RESP AMENDED/SUPPLEMENTED ANSWER ANSWER TO PLAINTIFF'S ORIGINAL 14 4
ANSWER
5 8/9/2013 PL1 MOTION MTN:SUB & OR WITHDRAW COUNSEL MOTION TO WITHDRAW AS ATTORNEY 18 2
OF RECORD
6 8/9/2013 PL1 ORD ORD:SUB & OR WITHDRAW COUNSEL ORDER IN MOTION TO WITHDRAW AS 20 3
ATTORNEY OF RECORD
7 9/24/2013 DF1 SRVPROCESS EXE SERVICE OF SUBPOENA SYLVIA LYNN HAMILTON 23 11 #9 in AMP
DEFENDANT DANIEL DAVILA III'S FIRST
MOTION TO STRIKE OBJECTIONS AND
COMPEL COMPLETE DISCOVERY
8 9/25/2013 DF1 MOTION MTN:OTHER MOTION RESPONSES FROM PLAINTIFF ALAN L 34 10 #7 in AMP
HAMILTON INDIVIDUALLY AND AS
SUCCESSOR
9 9/25/2013 DF1 NOTICE NTC:HEARING/SETTING NOTICE OF HEARING 44 2 #8 in AMP
10 9/26/2013 DF1 NOTICE NTC:HEARING/SETTING AMENDED NOTICE OF HEARING 46 2 #10 in AMP
11 9/30/2013 DF1 SRVPROCESS EXE SERVICE OF SUBPOENA SYLVIA LYNN HAMILTON 48 11 #11 in AMP
ORDER REGARDING DEFENDNAT
DANIEL DAVILA, III'S FIRST MOTION TO
STRIKE OBJECTIONS AND COMPEL
12 10/30/2013 ORD ORD:OTHER ORDER 59 2 #12 in AMP
COMPLETE DISCOVERY REPSONSES
FROM PLAINTIFF, ALAN L. HAMILTON,
INDIVIDUALLY AND SUCCESSOR
1
D-1-GN-13-001230-Designation of Clerk's Record spreadsheet
Case:D-1-GN-13-001230 with (45) documents
FILED start page # pgs
DOC # FILED DATE BY: CATEGORY DESCRIPTION ADDITIONAL INFO # total notes details
DEFENDANT DANIEL DAVILA, III'S
MOTION FOR RULE 215 SANCTIONS
REGARDING PLAINTIFF, ALAN L.
13 11/25/2013 DF1 MOTION MTN:COMPEL/SANCTIONS 61 10 #14 in AMP
HAMILTON, INDIVIDUALLY AND AS
SUCCESSOR TRUSTEE OF THE
HAMILTON FAMILY TRUST AND AS
14 11/25/2013 DF1 NOTICE NTC:HEARING/SETTING NOTICE OF HEARING 71 2 #13 in AMP
DEFENDANT DANIEL DAVILA, III'S
15 11/26/2013 DF1 MOTION MTN:OTHER MOTION MOTION FOR TRIAL SETTING AND 73 8 #15 in AMP
ENTRY OF DOCKET CONTROL ORDER
3pgs in AMP, 4 pgs
16 1/29/2014 OTHER RULE 203.2 CERTIFICATE SYLVIA LYNN HAMILTON 81 3 downloaded. #16 in AMP
DEFENDANT DANIEL DAVILA, III'S
TRADITIONAL AND NO-EVIDENCE 459 pgs in AMP, 11
MOTIONS FOR SUMMARY JUDGMENT original Motion to #29 blank pgs not scanned
17 1/29/2015 DF1 MOTION !MTN:OTHER MOTION AS TO PLAINTIFF, ALAN L. HAMILTON, 84 459 due to no Bates#s, 468
INDIVIDUALLY, AS SUCCESSOR MemOpp pgs in served copy. #17
TRUSTEE OF THE HAMILTON FAMILY in AMP.
TRUST
18 1/29/2015 DF1 NOTICE NTC:OTHER NOTICE NOTICE OF HEARING 543 2 #18 in AMP
BEFORE
www.greenfiling.com
19 3/3/2015 PL1 MOTION MTN:OTHER MOTION MOTION FOR CONTINUANCE 545 48 scanned in on #21 in AMP
3/6/2015-day AFTER
Continuance hearing
DEFENDANT DANIEL DAVILA III'S
20 3/4/2015 DF1 ANS-RESP OTHER ANSWER/RESPONSE RESPONSE TO PLAINTIFF'S MOTION 593 35 #19 in AMP
FOR CONTINUANCE
21 3/5/2015 DF1 OTHER OTHER FILING LETTER WITH PROPOSED ORDER 628 2 #20 in AMP
22 3/9/2015 OTHER EXHIBITS RECEIPT EXHIBITS RECEIPT 630 1 #32 in AMP
LETTER FROM: ALAN L. HAMILTON W/
23 3/9/2015 PL1 OTHER OTHER FILING CD ATTACHED ************SENT TO FILE 631 1 #34 in AMP
ROOM********* RT
ORDER DENYING PLAINTIFF'S MOTION
24 3/9/2015 ORD ORD:OTHER ORDER 632 1 #22 in AMP
FOR CONTINUANCE
2
D-1-GN-13-001230-Designation of Clerk's Record spreadsheet
Case:D-1-GN-13-001230 with (45) documents
FILED start page # pgs
DOC # FILED DATE BY: CATEGORY DESCRIPTION ADDITIONAL INFO # total notes details
ORDER GRANTING DEFENDANT DANIEL
DAVILA, III'S TRADITIONAL AN D NO-
25 3/9/2015 ORD ORD:JUDGMENT EVIDENCE MOTIONS FOR SUMMARY 633 2 #26 in AMP
JUDGMENT AS TO PLAINTIFF, ALAN L.
HAMILTON, INDIVIDUALLY, AS
SUCCESSOR TRUSTEE OF THE
PLAINTIFFS MEMORANDUM OF
OPPOSITION TO DEFENDANT DANIEL
DAVILA IIIS FIRST MOTION TO STRIKE
26 3/16/2015 PL1 ANS-RESP OBJECTIONS/SPECIAL EXCEPTIONS 635 56 #23 in AMP
OBJECTIONS AND COMPEL COMPLETE
DISCOVERY RESPONSES FROM
PLAINTIFF ALAN L HAMILTON
Form Number L60-46417 Issued by BARI
27 3/17/2015 NOTICE JUDGMENT NOTICE MAILED HENSON (5601) JUDGMENT NOTICE 691 1 #24 in AMP
MAILED
Form Number L60-46418 Issued by BARI
28 3/17/2015 NOTICE JUDGMENT NOTICE MAILED HENSON (5601) JUDGMENT NOTICE 692 1 #25 in AMP
MAILED
start MemOpp to MSJ - note: filed in 5 parts due to www.greenfiling.com envelope size limits = 30MB
PLAINTIFFS MEMORANDUM OF
OPPOSITION TO: DEFENDANT DANIEL
DAVILA IIIS MOTION FOR TRADITIONAL 3/25/2015 -
AND NO EVIDENCE SUMMARY
29 3/25/2015 PL1 ANS-RESP OBJECTIONS/SPECIAL EXCEPTIONS JUDGMENT AS TO PLAINTIFF ALAN L 693 17 Answer/Response - #27 in AMP
Part1
HAMILTON INDIVIDUALLY AND AS
SUCCESSOR TRUSTEE OF THE
HAMILTON FAMILY TRUST
3/25/2015 -
30 3/25/2015 PL1 OTHER !OTH:OTHER FILING GREEN FILING ERROR NOTE TO TRAVIS 710 56 Answer/Response - #28 in AMP
COUNTY DISTRICT COURT CLERK
Part2
OPPOSITION TO SUMMARY JUDGMENT 3/25/2015 -
FOR DEFENDANT CONTRADICTING Answer/Response -
31 3/25/2015 PL1 OTHER !OTH:OTHER FILING 766 20 #29 in AMP
EVIDENCE EXHIBITS - TABLE OF Part3 - contains Exhibit
CONTENTS AA
3/25/2015 -
32 3/25/2015 PL1 OTHER !OTH:OTHER FILING EXHIBIT BB 786 39 Answer/Response - #30 in AMP
Part4
3/25/2015 -
33 3/25/2015 PL1 OTHER !OTH:OTHER FILING EXHIBIT CC 825 141 Answer/Response - #31 in AMP
Part5
end MemOpp to MSJ
3
D-1-GN-13-001230-Designation of Clerk's Record spreadsheet
Case:D-1-GN-13-001230 with (45) documents
FILED start page # pgs
DOC # FILED DATE BY: CATEGORY DESCRIPTION ADDITIONAL INFO # total notes details
PLAINTIFFS MOTION TO VACATE
DEFENDANTS SUMMARY JUDGMENT
34 4/7/2015 PL1 MOTION MTN:OTHER MOTION ORDER OBTAINED WITH A 966 21 #33 in AMP
FRAUDULENT AND PREJURING MOTION
35 5/8/2015 PL1 NOTICE NTC:OTHER NOTICE NOTICE OF HEARING 987 3 #35 in AMP
DEFENDANT DANIEL DAVILA, III'S
RESPONSE AND OBJECTIONS TO
"PLAINTIFF'S MOTION TO VACATE
36 5/22/2015 DF1 ANS-RESP OTHER ANSWER/RESPONSE DEFENDANT'S SUMMARY JUDGMENT 990 108 #36 in AMP
ORDER OBTAINED WITH A
FRAUDULENT AND PERJURING
MOTION"
LETTER-ALAN L HAMILTON (WITH
37 5/28/2015 PL1 OTHER OTHER FILING ORDER FORWARDED TO CLERK OF 1098 5 #37 in AMP
THE 353RD COURT)
DVD EVIDENCE SUBMISSION
SUPPORTING PLAINTIFF'S
38 5/29/2015 PL1 OTHER OTHER FILING MEMORANDUM OF OPPOSITION TO 1103 4 #38 in AMP
DEFENDANT'S MOTION TO COMPEL
DISCOVERY (DVD 2)
DVD EVIDENCE SUBMISSION
SUPPORTING PLAINTIFF'S
39 5/29/2015 PL1 OTHER OTHER FILING MEMORANDUM OF OPPOSITION TO 1107 6 #39 in AMP
DEFENDANT'S MOTION TO COMPEL
DISCOVERY (DVD 3)
ORDER ON PLAINTIFF'S MOTION TO 4 pgs in AMP, 5 pgs
40 6/3/2015 ORD !ORD:OTHER ORDER 1113 4
VACATE SUMMARY JUDGMENT ORDER downloaded. #40 in AMP
41 6/5/2015 PL1 NOTICE NTC:NOTICE OF APPEAL NOTICE OF APPEAL 1117 2
REQUEST FOR PREPARATION OF THE
42 6/5/2015 PL1 OTHER OTHER FILING RECORD FOR AN APPEAL 1119 2
43 6/9/2015 OTHER OTHER FILING LETTER FROM COURTLAND CROCKER 1121 1
44 6/30/2015 Judges Notes/Comments 1122 1 Shaun estimate
Plaintiff's Designation of Items to be Included
45 7/2/2015 PL1 in Clerk's Record 1123 8
4
D-1-GN-13-001230-Designation of Clerk's Record spreadsheet
Case:D-1-GN-13-001230 with (45) documents
FILED start page # pgs
DOC # FILED DATE BY: CATEGORY DESCRIPTION ADDITIONAL INFO # total notes details
Court Docket Record Docket Record 1131 4 Shaun estimate
Court Cost Record Bill of Cost 1135 1 Shaun estimate
Clerks Record Page Clerks Record 1136 1 Shaun estimate
1136 total
Cost estimate at $1/pg $1136
Notation note: AMP refers to the AARO (Attorneys Access to Records Online) Pro Se portal substitute
Finally implemented in Apr/May 2015, 17 months after first request for Pro Se "Equal Access" to online court records (still no document names, only dates and num pgs scanned)
Got a call in April 2015, that newly District Clerk Velva L Price was passionate about public access and had ordered that Pro Se parties be given equal access to online court records
Worked with Victor and Rick Booth at Travis County Clerk's Office on implementation and testing of new Pro Se portal
5