Irma Leah Estrada-Davis A/K/A Leah Estrada-Davis v. the Gloria Lopez Estrada Family Trust, Alexander Estrada, Trustee ( 2015 )

ACCEPTED
02-14-00295-cv
SECOND COURT OF APPEALS
FORT WORTH, TEXAS
7/17/2015 5:51:29 PM
DEBRA SPISAK
CLERK
NO. 2012-PR02459-1-2 and
NO. 2012-PR02459-1-2- A RECEIVED IN
2nd COURT OF APPEALS
FORT WORTH, TEXAS
07/17/2015 5:51:29 PM
DEBRA SPISAK
THE “PURPORTED” GLORIA LOPEZ § IN THE PROBATE COURT Clerk
ESTRADA FAMILY TRUST, ALEXANDER §
ESTRADA, “PURPORTED” TRUSTEE §
§
Plaintiff, §
§ NUMBER 2
V. §
§
IRMA LEAH ESTRADA-DAVIS §
A/K/A LEAH ESTRADA-DAVIS §
§
Defendant § TARANT COUNTY, TEXAS
REQUEST FOR SUPPLEMENTAL CLERK’S RECORD
Now comes Irma Leah Estrada Davis, formerly Defendant/Counter-
Plaintiff in the above Cause within the Probate Court; and who now is an
Appellant in the 2nd Court of Appeals’ Case No. # 02-14-00295-CV and
No. # 02-14-00296-CV; and she now respectfully requests for this Probate
Court Clerk and the Probate Court Reporters to kindly prepare and file the
following items in a Supplemental Record and promptly forward them to the
Court of Appeals.
This request is made in addition to previous requests made for such
record and pursuant to an Order from the 2nd Court of Appeals on October
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16, 2014 stating: “we order the trial court clerk and court reporter to prepare
and file the record of the contest (to the Affidavit of Indigency) and the
hearing on the (Indigence) contest…”
Pursuant to Rules 34.5(a), (b), (c) and 35.3; and 35.5(a), the clerk and Court
Reporter is requested to prepare a supplemental record of the following proceedings in
this case for inclusion in the appellate record and please forward these to the Second
Court of Appeals for filing in the case numbers as indicated above.
The following information is important and critical to this case and is not
requested for delay but is purposeful and necessary for true justice and fairness to be
accomplished; and should be included in the Clerk’s Record and the Court Reporter’s
Record for the 2nd Court of Appeals:
1. The Authenticated Digital Video Disc – Video Depo which is Included inside
the Envelope attached to Irma Leah Estrada Davis’ Affidavit dated January 3,
2013 – which directly corresponds with the Transcribed pages of same, located
in (Clerk’s Record Vol. 1 page 182 - 206)
2. November 2, 2012 – Defendant’s First Request for Production
3. December 7, 2012 – Plaintiff’s Certificate of Written Discovery
4. December 12, 2012 – (1st) Motion for Summary Judgment
5. December 12, 2012 - Correspondence from Staff Attorney
6. December 17, 2012 - Waiver of Citation (2) Estela Monteleone & Joe D.
Estrada
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7. December 21, 2012 – Notice of Death
8. January 4, 2013 - Summary Judgment Hearing
9. Feb. 1, 2013 - I.L.E. Davis’ Motion to Set Aside and for New Trial
10. February 28, 2013 – Motion to Mediate
11. April 9, 2013 – Response to Plaintiff’s Motion for Contempt; Defendant’s
Motion to Set Aside Contempt Order and for Rehearing and/or New Trial;
and Defendant’s Motion for Sanctions
12. April 12, 2013 - Inability to complete service to Leah E. Davis
13. April 12, 2013 - Inability to complete service to Leah E. Davis through
Attny of Record, David Courtade
14. April 12, 2013 - Notice of Trespass, Inability to complete service to Leah
E. Davis,
15. April 16, 2013 – Hearing setting Letter – Set for May 1, 2013 @ 9:30 am
16. April 16, 2013 – Motion Hearing (2:00 pm) (COURTADE) Motion for
New Trial
17. April 17, 2013 - Trial Jury Request; and Order Setting Aside Summary
Judgment and granting New Trial
18. May 1, 2013 – CANCELLED – Motion Hearing (COURTADE)
Response to Motion for Contempt/ Motion to Set Aside Order for
Contempt; Request for De Novo Hearing. RESET BY COURT
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19. May 2, 2013 - Notice of Appeal
20. May 6, 2013 - Defendant Irma Leah Estrada-Davis’ Counter- Motion
21. May 8, 2013 – Correspondence to Judge Morrisett From David Courtade:
Objection to Proposed Order; and Agreed Order Granting Motion for
Temporary Injunction
22. May 8, 2013 - Motion for Summary Judgment
23. May 9, 2013 – Correspondence - Doc. ID# 75
24. May 10, 2013 – Request for De Novo Hearing Doc. ID# 76
25. May 16, 2013 - Defendant’s Response to Motion for Contempt
26. May 24, 2013 - Notice of Appeal; Request for De Novo Hearing Doc. ID# 77
27. MAY 29, 2013 - Amended Answer - Doc. ID# 79
28. June 18, 2013 – Rule 11 Agreement
29. July 5, 2013 - Defendant I.L.E. Davis’ Response to Plaintiff’s 2nd Motion
for Contempt;
30. July 5, 2013 - Defendant I. L. E. Davis’ Supplemental Cumulative
Motion for Sanctions
31. July 5, 2013 - Defendant’s Response to Plaintiff’s Motion for Sanctions
for failure to appear for deposition
32. July 9, 2013 - Defendant’s Response to Plaintiff’s Motion for Sanctions
for Failure to Attend Deposition
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33. July 9, 2013 - G. L. Estrada’s Trust Response to Defendant’s Response
to Summary Motion for Summary Judgment
34. August 7, 2013 – Defendant’s Motion to Compel Accounting, for
Contempt and for Sanctions
35. August 14, 2013 - Order to Compel Accounting of the Trustee of G. L.
Estrada Family Trust
36. August (21 and 22) 2013 - Notice of Filing; Alexander Estrada Notice of
Filing ?
37. August 26, 2013 – Correspondence to Ct. from Attorney
38. September 12, 2013 - Status Conference Hearing
39. October 21, 2013 - Motion for Continuance
40. October 22, 2013 - Objection to Motion for Continuance
41. October 28, 2013 - Motion for New Trial
42. November 18, 2013 - Notice of Eviction
43. November 27, 2013 - Counter Claim of Defendant Irma Leah Estrada
Davis Severed into “A” case
44. January 17, 2014 - Correspondence to Counsel from Court Administrator
Re: Judge’s decision on postponing hearing
45. January 21, 2014 – Plaintiff’s Reply to Defendant’s Response to Motion
for Turn Over and/or Petition for Eviction
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46. January 23, 2014 - Defendant / Counter-Plaintiff’s Reply to
Contingent Response of Plaintiff
47. February 2, 2014 - Motion to Quash Notice of Intent to take Oral
Deposition of Leah Estrada
48. February 3, 2014 – Motion to Enforce Court Order
49. February 20, 2014 - Defendant I. L. E. Davis’ Motion for Dismissal;
50. February 20, 2014 - Defendant’s Photos of Gloria L. Estrada
signing Holographic Will
51. February 20, 2014 - Order to Enforce Court Order
52. February 26, 2014 - Correspondence from Irma Leah Estrada
53. March 24, 2014 - Defendant’s Motion to Set Aside Order Granting
Motion for Sanctions …contempt…contact info
54. May 5, 2014 – Plaintiff’s Response to Motion to Set Aside
55. June 10, 2014 - Response of A. David Courtade to Plaintiff’s
Supplemental Motion for Sanctions and/or Contempt
56. ]une 10, 2014 – Order
57. June 10, 2014 – Final Judgment
58. June 11, 2014 – Correspondence of Opposing Party and Counsel
59. June 14, 2014 – Correspondence of Defendant Estrada-Davis to
Court Coordinator
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60. Filed in “A” Case = September 23, 2014 - Contest Affidavit of
Indigence
61. Correspondence of Irma Leah Estrada Davis’s e-mail to Tina Clay (
The Final Supportive Evidence – The PDF Document which included
the reference to the below Audio Recordings that were asked to be
delivered to Judge Ferchill before the morning Hearing on November
17, 2014 )
62. Please forward separately, the two Audio Recordings made in the
presence of Gloria L. Estrada and Leah Estrada of: (… one is
Attorney Bakuts, and the other is his paralegal, Cindy Adler stating
their own unique interpretations of what G.L.Estrada’s Will is…)
those Audio recordings were e-mailed to Tina Clay – (to forward to
Judge Ferchill) on November 17, 2014 - at
TAClay@tarrantcounty.com) & again emailed to Jim Politz (via e-
mail to : jrpolitz@tarrantcounty.com) for inclusion to the Probate
Record and now, to be forwarded to 2nd Appeals Court.
63. November 17, 2014 - Miscellaneous Probate Hearing (on
Defendant/Counter-Plaintiff’s Indegency status)
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Additionally, any and all proceedings or hearing information about
family related Cause No. 2013 PRO 0404-2
1. February 25, 2013 – (3:15 p.m.) Probate of Will Hearing
PRAYER
WHEREFORE, Appellant respectfully prays that this Request be granted
and that the Clerk of this Probate Court and the Court Reporter of these
Hearings please properly prepare the above described documents and file
such Supplemental Record to be included in this case for the Second
Appeals Court, and for all such other and further relief to which Appellant
would be justly entitled. Thank you in advance.
Respectfully submitted,
/S/ Irma Leah Estrada-Davis
Irma Leah Estrada Davis a/k/a
Leah Estrada Davis
Executrix of Gloria Lopez
Estrada’s Estate Appointed by
Grantor, Gloria Estrada herself
LeahnowLaw@gmail.com
(936) 899-0313
PRO SE
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CERTIFICATE OF SERVICE
I hereby certify that on this 16th day of July 2015, a true and correct copy of
the foregoing instrument was served on attorney David Bakutis, for Plaintiff and on
Defendant’s previous attorney, A. David Courtade (via e-file) in accordance with
the Texas Rules of Court.
/S/ Irma Leah Estrada Davis
Irma Leah Estrada-Davis
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