Reynaldo Morales v. Travelers Indemnity Company of Connecticut ( 2014 )

PAUPERS OATH
CAUSE No. 01-14-00429-CV
IN THE COURT OF APPEALS
FIRST DISTRICT OF TEXAS
DBCHzou
IN HOUSTON
eta* ARR"*
STATE OF MISSOURI
county of Iane^
AFFIDAVIT OF MOTION REINSTATE CASE
BEFORE ME The undersigned authority on this day personally
appeared (LgMnflicb (fDfm\fTL MofakSwho being by me duly sworn on oath
state.
TO THE HONORABLE COURT:
Iln requesting that the MOTION FOR NEW TRIAL the
statement made in this af fi davit ,__are true and correct.
friDf) §ks
SUSCRIBED AND SWORN TO BEFORE ME SgbfinlAft ^IfWfllg^.^n^ this H^
day of OrtobpY" 20 \L\
L
Notary Public State of Missouri
PRINTED NAME
My Commision Expires.
-W(XK4 "21 9oi?
SHIRLEY L POWELL
Notary Pubte - State ofMissouri
My Commission Expires January 27,2018
Taney County
Commission 914868663
CAUSE No, 01-14-00429-CV
REYNALDO MORALES. IN THE COURT OF APPEALS
Appellant,
vs. FIRST DISTRICT OF TEXAS
TRAVELERS INDEMNITY CO. OF
AT HOUSTON
CONNECTICUT,
Appellee,
TO THE HONORABLE JUDGE OF SAID COURT£
COMES NOW, Reynaldo Morales the appellant in the above,
entitled and numbered cause, and files this Motion to Reinstate of-
Case and would respectfully show the Court the following;
BACKGROUND
This is a workers compensation case.Plaintiff sustained an
injury of my employment on March 17, 2000. I was assigned claim number
00166 571 by the division of Workers Compensation. A dispute arose between
Plaintiff and Defendant about the extent of Plaintiffs compensable
injury, a hearing was held before the Division of Workers Compensation
on December 10th, 2008, to determine whether Plaintiff* compensable
injury of March 17 2000, included cervical and lumbar radiculopathy,
herniated disps at C4-5 and C5-6,herniated discs at L4-5and L5-S1 and
instability of lumbar spine.The hearing officer issued a written decision
for i-ibs Appeal.
The hearing officer ruled that Plaintiffs compensable injury of
Marctri 17 2000 did not include cervical and lumbar radilucopathy, herniated-
tfiscss at C4^5, C5-6 and L4-5 LS ^i . ^ •
5,L5-Sl,and instability of lumbar sPine,the
i©F3
Reazon of this decision was ,because never were presented and disscused
all the proofs of this damages in front of the hearing officer.
Plaintiff originally filed suit on September 11, 2009 and it was
assigned cause number DC-09-12253-B,The case was set in the 44th-
Judicial District Court of Dallas County. Following a hearing on Defendants
mot ion,Judge Carlos Cortes entered judgment*
On April 5th 2010 Judge Carlos Cortes signed the judgment
and the same time LOCKED the petition of the Defendant.
And the Judge Carlos Cortes gave an opportunity to show up at court
on September 7th 2010,. The Plaintiff never showed up at court the
Plaintiff he had not plenty money for his bus ticket and the case was
Disaissed for want of Prosecution.
On December 20th 2010 the plaintiffs case was sent by mistake to
192th Judicial District Court With Judge Craig Smith following a hearing
on Defendants Motion Judge Craig Smith entered judgment in favor of
Defendant on May 9th 2011. The Plaintiff filed a motion to reinstate of
Case and the case was sent back to the 44th Judicial Court with Judge
Carlos Cortes.
WHERE, PREMISES CONSIDERED, APP6.V.JANT Reynaldo Morales PRAYS
to the Court granst this MOTION REINSTATE OF CASE, and order that
the Kppe\a.&mt takes the benefits he deserves by law of this Law-
Suit and the same time a final Hearing.
VERY TRULY YOURS
ALDO MORALES
CERTIFICATE OF SERVICE
This is to certify that I have forwarded a true and correct
copy of the foregoin instrument,A?PELUvAlTS MOTION TO REINSTATE
OF CASE on this day of Ik-tU OP htt^BE*, lbV\
as follows;
BY CERTIFIED MAIL.
Jfa lh&££
EVNALDO MORAL?
JaFf
CERTIFICATE OF CONFERENCE.
FOR MOTION TO REINSTATE CASE.
CAUSE No, 01-14-00429-CV
REYNALDO MORALES. IN THE COURT OF APPEALS
Appellant,
vs. FIRST DISTRICT OF TEXAS
TRAVELERS INDEMNITY CO. OF
AT HOUSTON
CONNECTICUT,
Appellee,
CERTIFICATE OF CONFERENCE FOR MOTION TO REINSTATE CASE FOR
NEW TRIAL
TO THE HONORABLES JUDGES OF SAID COURT:
Comes now Reynaldo Morales, in the above and numbered cause, and files
this Certificate of Conference for Motion to Reinstate Case for New Trial,
and respectfully show to the Court the following:
BACKGROUND
ON September 11th 2009, The Plaintiff filed a Law-Suit and it was assigned cause-
No. DC-o9-12253-B, the Case was set in the 44th Judicial DC of Dallas County.
Following a hearing on Defendants Motion, Judge Carlos Cortez entered judgment
ON April 5th 2010 Judge CARLOS Cortez signed the judgment. After that the Plaintiff
filed a MOTION TO REINSTATE OF CASE and it was MOTION FOR NEW TRIAL on February 27th 2012,
and the MOTION was DENIED. ON February 7th 2013 PLAINTIFF filed in an Original Petition,
Cause No DC-1300-310 in the 101th Judicial District Court, in Dallas County Texas,
on May 10th 2013, the Court grants Defendants Motion for Summary Judgment, by a,
SUBMISSION JUDGMENT SIGNED BY JUDGE MARTIN LOWY FROM THE lQlst JUDICIAL DISTRICT-
4
COURT OF DALLAS COUNTY TEXAS. (See the Legal pages Attached).
lof2
S^J&flfl EmR(vt\n*J
This LAW-SUTT BELONGS TO THE CAUSE NO.DC-09-12253-B in the
44th Judicial District Court of Dallas County, Texas,with Judge Carlos Cortez.
there was another change to do something, it was on 101st Judicial District,-
Court in Dallas County with Judge MARTIN LOWY CAUSE No. DC-13-00310.
I DISAGREE with the process during those four years I had been at District-
Court. The Statute of Limitations Period has EXPIRED.
TO THE HONORABLE FIRST COURT OF APPEALS, THE Appellant Reynaldo Morales, PRAYS
TO be Granted with this MOTION for NEW TRIAL it is PENDING ON the CAUSE -
No. DC-09-12253-B and it was Motion to Reintate . Case for New Trial
and was DENIED on February 27th 2012 by Judge Carlos Cortez in the 44th District-
Court of Dallas County Texas.
WHEREFORE, PREMISES CONSIDERED, The Appellant REYNALDO MORALES PRAYS to the
HONORABLE FIRST COURT OF APPEALS grants an opportunity, to show up at court, and
Appellant takes everything by the way of this DISPOSITION OR LAW-SUTT.
CERTIFICATE OF SERVICE
This is that, on this day of: ta.cz^ivg TJ^-frU 2014, I forwarded a tru and correct-
copy of the foregoing letter, with the proposed Appellants cCertificate of cConferen-
ce for Motion to Reinstate Case for New Trial.
RESPECTFULLY SUBMITTED.
lor 2.
VIA US MAIL FEBRUARY 7TH, 2012,
Cleric of the court
44th Judcial District
600 Commerce St
Dailas, TX 75202
Re; Cause No DC-09- 12253*
Reynaldo Morales v. Travelers Indemnity of Connecticut
In the 44th-B Judicial Court of Dallas County, Texas
Dear Sr. Christopher R. Lowe;
This letter serves as notification that Plaintiffs
Motion to reinstate Case in the above-referenced case
has been ordered set for hearing on February 27th 2012
at 10;30 am. in the 44th Judicial Court of Dallas County
located at 600 Commerce St Dallas TX 75202
VERY TRULY YOURS,
VIA CERTIFIED Wltm"""^-"*^
DAVID KLOSTERBOER AND ASSOCIATES.
130IE. COLLINS BLVD, SUITE 490
RICHARDSON , TEXAS 75081.
SENDER: COMP1.E - ECfION COMPLETE THIS SECTION ON DELIVERY:
a Complete items 1.2;and 3.Also complete A. Signs
item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse t^/^/K^c^1J3 Addressee
so thatwecanreturn the cardto you.
• Attach this card tothe back ofthemailplece, B, Received by(Printed Name) Jlvery ;
or on the front ifspace permits.
1. Article D. Is delivery address different fromitem17
IfYES, enterdelivery address below: D No
3. Type
'Certified Mail D Express Mail
• Registered D Return Receipt forMerchandise
D Insured Mail D C.O.D.
4. Restricted Delivery? (Extra Fee) Q Yes
72. Article
Artipla Number
Klnmhsr '
(Transfer from service label} 7011 0110 DDQg S54T 8270
i-of b
PS Form 3811, February 2004 DomesticReturn Receipt I02595-02-M-1540
4RE
'000349
CAUSE NO. PC-13-00310
REYNALDO MORALES, § IN THE DISTRICT COURT
PLAINTIFF, §
§
VS. § 101ST JUDICIAL DISTRICT
§
TRAVELERS INDEMNITY CO. OF §
CONNECTICUT, §
DEFENDANT. § DALLAS COUNTY, TEXAS
JUDGMENT
A hearing/was held on the ((/ day of
Defendant's Motion for Summary Judgment.
y*eeofdt-€3«istepfagrR.-Luwi. Plaintiff, pro se; alscrappeapedfHaving considered Defendant'
Motion, Plaintiffs Response, and the pleadings on file in this matter, the Court finds the motion
tobe meritorious. The court grants Defendant's Motion for Summary Judgment
The court therefore enters judgment as follows:
It is hereby ORDERED, ADJUDGED, AND DECREED, that Plaintiff take nothing by
way of this suit;
IT IS FURTHER ORDERED that all taxable court costs aretaxed against Plaintiff.
All relief not otherwise granted is denied.
Signed this [Q day of /^L^a
JUDGE PRESIDING
JUDGMENT Page 1 of 1
loFfc
TAMPERING WITH THIS LABEL
NULLIFIES THE CERTIFICATION
Texas Dc
Division of V
7551 Metro Centei i/mt, hub iw - nusuu, icaos /0/H4-1UHU
512-804-4000 • 512-804-4001 fax • www.tdi.state.tx.us
STATE OF TEXAS
COUNTY OF TRAVIS
CERTDJICATION OF SPECIFIED INSTRUMENTS
The Commissioner of the Division of Workers' Compensation* as the chief administrative and executive
officer and custodian of records of the Division of Workers' Compensation has delegated to the undersigned
the authority to certify the authenticity of documents filed with or maintained by or within the custodial
authority ofthe Division ofWorkers' Compensation (DWC) ofthe Texas Department of Insurance.
Therefore, I, Tiffany Duarte, Chief Clerk of Proceedings for Hearings hereby certify that the attached
documents are true and correct copies of the documents described below. I further certified that the
documents described below are filed with or maintained by or within the custodial authority of the Division
of Workers' Compensation of the Texas Department of Insurance.
Record File on docket number 00-166571-05: Reynaldo Morales
v. Travelers Indemnity Company Of Connecticut
I FURTHER CERTIFY that these records are kept by the DWC in the regularcourse of business and it was
in the regular course of business of the DWC for an employee or representative of the DWC to make the
records or to transmit the information thereof to be included in such records; and the records were made at
or near the time or reasonably soon thereafter.
IN TESTIMONY WHEREOF, witness my hand and seal of office in Austin, Texas on June 25, 2010.
Rod Bordelon
S if} .♦• jA Commissioner of the Division of Workers' Compensation
Tiffany Duarte
Chief Clerk of Pro
Do notremove anyofthe attached records or detach thiscertification page. These actions nullify the certification.
"-. Tl"""^
WI303HNHflU8r
rj3 b
(T? $
* l & &
T* (/> 0
< o -K
0\ XL
:>
0
00
Mmmnm -J
s S F
SOI ON01M35
Gt£'0)O>-n3
Oo 2- •rZDG
-t at -h
OP O X
a
30fG
-. Rji ,«+i.^--7p.-_:, .-
VI •*-
.;•>"
i,IhI,i,[iIiIiiIi»«,Ii1i«II«t,,,,1IiIii,iI,i,hII,I1I
CO
63
a
D1
Qui cm ,
so
PH
If v.l
"^VC5^?*:*?
4M* - . . .. i£&»»o-%«C« *
¥7iHffi?'
AUSTIN, TEXAS
claimant Reeinaldn Morales
§
§
§ DOCKET NO.
CARRIER
CLAIMANT'S REQUEST rnp ppV[nv
TO THE HONORABLE MEMBERS OF THE APPEALS PANEL:
ii.
infe T* ^0n8iOfF/f Numb<*-L because
t= my head. Thu happen kssociteres.
KtT; BAufaMi IV. Qq\££>
I^Vioks S6UT To \
Bvy CtenFfcb kMw- ^eTV)P.o K^£lp^ jjp lQfermgQ-QOQg-2.0? 3.1?
1551 -Aero Cw^ie*. ^ ^lTi 10°
Hoosroi) T#*s, 77002-.
Court of Appeals
First District
301 Fannin Street
Houston, Texas 77002
RE: Court of Appeals Number: 01-14-00429-CV
Trial Court Case Number: 2013-54065
Style: Reynaldo Morales vs HD Architectural Products and Travelers Indemnity Co. of Connec
ticut.
Dear Clerk
Enclosed you find, a request for Re-hearing of Motion to Reinstate of Case for New Trial,
Certificate of Conference for New Trial, Affidavit of Motion to Reinstate of Case for New Trial
and a money order fee for the cost of the Motion.
Thank You, for handling this matter for us.
VERY TRULY YOURS
iSfPf-if
Visit ups.com® of call 1-800-J»ICK-JJPS®J1-800-742-5877) Apply shipping do
to schedule a pickup or find a drop off (otatiofrftear your —
Domestic Shipments Do not use this enve
• To qualify for the Letter rate, UPS Express Envelopes may only Contain .1BILB0X PLUS
correspondence, urgent documents; and/or electronic media, and must 117-336-4405 0.3 LBS LTR 1 OF 1 f. UPS Ground
rlfilLBOX PLUS
weigh 8 oz. or less. UPS Express. Envelopes containing items other than 3000 GREEN PIOUNTfiIN DR. S107
UPS Standard
those listed or weighing more than 8 oz. vyjH be billed by weight. 3RP1NS0N HO 65616
UPS 3 Day Select9
International Shipments SHIP TO: UPSWorldwide Exp
• The UPS Express Envelope may be used only for documents ofnocommercja COURT OF APPEALS fVs^Dfsteict- o
value. Certain countries consider electronic media as documents. Visit 417-336-4405 CO.
ups.com/importexportto verify if your shipment is classified as.a document.I 301' FANNIN ST
• to qualify for theLetter rate> the UPS Express Envelope must weigh 8 oz. or lesr HOUSTON TX 77002
UPS Express Envelopesweighing more than 8!oz. will be billed by weight. \
• • . '' I
Note: Express Envelopesare not recommended for shipments of electronic me<
containing sensitive personal information or breakable items. Do notsend cash;
or cash equivalent.
[IPS NEXT DAY AIR SAVER
•ROCKING B: 12 05W 77F 13 9840 8856 IP
PS
ULL.ING: P/P
teference No.l: 0159671
xol i4..aa.:ii NV45 57.OP 13/281 3B
International Shipping Notice —Carriage hereunder may besubject tothe rules relating*>:liability and other terms and/or conditions established by the Convention.fortheiUnitlcatipn of Certain Rules Relating toInternational Carriage by Air (the "Warsaw Convention")
Contract for theInternational Carriage ofGoods:by Road (the "CMRConveiiliMQJfcgiMaMn^ with theExport Administration Regulations. Diversion contrary toUS. I-jw prohibited.
1/10 PAC United P