Haven Chapel United Methodist Church v. William Michael Leebron II, E.J. King and Brazoria County Commissioner's Court ( 2015 )

ACCEPTED 14-15-00397-cv FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 7/13/2015 1:40:12 PM CHRISTOPHER PRINE CLERK IN THE FOURTEENTH COURT OF APPEALS FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS HOUSTON DIVISION 7/13/2015 1:40:12 PM CHRISTOPHER A. PRINE Clerk HAVEN CHAPEL UNITED METHODIST CHURCH VS. NO. 14-15-00397-CV WILLIAM MICHAEL LEEBRON II AND BRAZORIA COUNTY COMMISSIONER’S COURT MOTION TO REINSTATE APPEAL TO THE HONORABLE JUDGES OF SAID COURT: COMES NOW, HAVEN CHAPEL UNITED METHODIST CHURCH and files this Motion to Reinstate Appeal and in support thereof would show the following: This Court issued an order and judgment after Appellant filed a Motion to Transfer Documents to this cause from a Mandamus action sought as it pertains to the cause herein. (See Exhibit A, attached and incorporated by reference, the same as if fully copied and set forth herein). Appellant is unaware whether the Court of Appeals had knowledge that this Motion had been filed at the time of the rendition of its judgment. Appellant’s Motion was filed on July 06, 2015 and the dismissal was issued on July 07, 2015. (See Exhibit B, attached and incorporated by reference, the same as if fully copied and set forth herein.) Appellant did not pursue its appeal because it had filed for Mandamus Relief in this cause for which it believed it was entitled. Mandamus was just recently denied in Cause No. 14-15-00500-CV. (See Exhibit C, attached and incorporated by reference, the same as if fully copied and set forth herein. Moreover, Appellant notified the court of same by letter dated June 03, 2015 and requested that this cause remain open until final judgment was rendered in this cause or by virtue of a ruling on the mandamus. (See Exhibit D, attached and incorporated by reference, the same as if fully copied and set forth herein. Additionally, since the trial court has disposed of the other party, Marlene Mouchette, Appellee’s Motion to Dismiss is now moot, as judgment has rendered as to all parties. (See Exhibit E, attached and incorporated by reference, the same as if fully copied and set forth herein). This Motion is sought in the interest of justice and in the interests of judicial economy, as well as financial economy as same prevents the opening of a brand new cause since the matter has now become final. WHEREFORE PREMISES CONSIDERED, Appellant, Haven Chapel United Methodist Church prays that this Honorable Court reinstate this appeal for the reasons set forth herein. Respectfully submitted, /s/ Veronica L. Davis Veronica L. Davis 226 N. Mattson West Columbia, Texas 77486 (979) 345-2953 vld57atal@yahoo.com CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this Motion shall be sent to all opposing counsel by efiling on this the 7th/13th day of July, 2015. /s/ Veronica L. Davis