City of Diboll, Texas v. Louie Lawson, Representative of the Estate of Carolyn Burns ( 2015 )

FILE COPY THE SUPREME COURT OF TEXAS Post Office Box 12248 Austin, Texas 78711 (512)463-1312 Friday, October 30, 2015 FILED IN CO'JST 0= APPEALS Ms. Reba Squyres Clerk 12»i Court erf toe&te District Angelina County District Court P. O. Box 908 Lufkin, TX 75902-0908 RE: Case Number: 15-0037 Court of Appeals Number: 12-13-00344-CV Trial Court Number: CV-01271-12-3 Style: LOUIE LAWSON, REPRESENTATIVE OF THE ESTATE OF CAROLYN BURNS v. CITY OF DIBOLL, TEXAS Dear Ms. Squyres: The judgment of the Supreme Court of Texas is final in the above referenced cause and the enclosed mandate was issued today. Enclosed with the mandate is a certified copy of our cost bill showing charges and payments as reflected by the record for your use in settlement between the parties. Sincerely, Blake A. Hawthorne, Clerk by Monica Zamarripa, Deputy Clerk cc: Ms. Cathy S. Lusk (DELIVERED VIA E-MAIL) Sammy Johnson II (DELIVERED VIA E-MAIL) Mr. Robert T. Cain Jr. (DELIVERED VIA E-MAIL) FILE COPY FILED INCOu" 0- APPEALS iah Court of AMcais District IN TFIE SUPREME COURT OF TEXKS" NO. 15-0037 LOUIE LAWSON, REPRESENTATIVE OF THE ESTATE OF CAROLYN BURNS, Petitioner v. CITY OF DIBOLL, TEXAS, Respondent MANDATE To the Trial Court of Angelina County, Greetings: Before our Supreme Court on September 18, 2015, the Cause, upon petition for review, to revise or reverse your Judgment. No. 15-0037 in the Supreme Court of Texas No. 12-13-00344-CV in the Twelfth Court of Appeals No. CV-01271-12-3 in the 159th District Court of Angelina County, Texas, was determined; and therein our said Supreme Court entered its judgment or order in these words: THE SUPREME COURT OF TEXAS, having heard this cause on petition for review from the Court of Appeals for the Twelfth District, and having considered the appellate record and counsel's briefs, but without hearing oral argument under Texas Rule of Appellate Procedure 59.1, concludes that the court of appeals' judgment should be reversed. IT IS THEREFORE ORDERED, in accordance with the Court's opinion, that: 1) The court of appeals' judgment is reversed; 2) The case is remanded to the trial court for further proceedings consistent with this Court's opinion; and 3) Louie Lawson shall recover, and the City of Diboll, Texas, shall pay, the costs incurred in this Court. Copies of this Court's judgment and opinion are certified to the Court of Appeals for the Twelfth District and to the District Court of Angelina County, Texas, for observance. Page 1 of 2 FILE COPY Wherefore we command you to observe the order of our said Supreme Court in .this behalf, and in all things to have recognized, obeyed, and executed. BY ORDER OF THE SUPREME COURT OF THE STATE OF TEXAS, with the seal thereof annexed, at the City of Austin, this the 30th day of October, 2015. Blake A. Hawthorne, Clerk By Monica Zamarripa, Deputy Clerk Page 2 of 2 FILE COPY FILED IN COuRT 0* APPEALS 12Hi Court of Apoaals District IN THE SUPREME COURT OF TEXAS NO. 15-0037 LOUIE LAWSON, REPRESENTATIVE OF THE ESTATE OF CAROLYN BURNS, PETITIONER V. CITY OF DIBOLL, TEXAS, RESPONDENT No. CV-01271-12-3 in the 159th District Court, Angelina County BILL OF COSTS Petition for Review Type of Fee Charges Paid By Miscellaneous Motion $10.00 $10.00 PaidbyCityofDiboll Petition for Review Filed $145.00 $145.00 Paid by Louis Lawson Clerk's Record $163.00 Unknown 1 Volume Reporter's Record $125.00 Unknown 1 Volume Balance of costs owing to the Supreme Court of Texas: 0.00 Louie Lawson shall recover, and the City of Diboll, Texas, shall pay, the costs incurred in this Court. I, BLAKE A. HAWTHORNE, CLERK of the Supreme Court of Texas, do hereby certify that the above and foregoing is a true and correct copy of the cost bill of the Supreme Court of Texas, showing the charges and payments, in the above numbered and styled cause, as the same appears of record in this office. Page 1 of 2 FILB.COPY with the seal thereof annexed, at the City of Austin, this the 30th day of October, 2015. BLAKE A. HAWTHORNE, Clerk A^.rt. By Monica Zamarripa, Deputy Clerk Page 2 of 2