Progressive County Mutual Insurance Company and Donald James Wilkins v. Predistell Robinson and Maenetta Robinson ( 2015 )

ACCEPTED
01-15-00572-CV
6/29/2015
FIRST COURT 11:33:52 PM
OF APPEALS
Chris Daniel - District Clerk Harris County
HOUSTON, TEXAS
Envelope No. 5872126
7/2/2015 6:08:58 AM
By: Michelle Wojcik
CHRISTOPHER PRINE
Filed: 6/29/2015 11:33:52 PM CLERK
CAUSE NO. 2013-41593
FILED IN
PREDISTELL ROBINSON AND § 1st COURT
IN THE DISTRICT OF APPEALS
COURT OF
HOUSTON, TEXAS
MAENETTA ROBINSON § 7/2/2015 6:08:58 AM
§ CHRISTOPHER A. PRINE
Plaintiffs, § Clerk
§
v. § HARRIS COUNTY, TEXAS
§
PROGRESSIVE COUNTY MUTUAL §
INSURANCE COMPANY AND §
DONAL JAMES WILKINS §
§
Defendants. § 80TH JUDICIAL DISTRICT
NOTICE OF APPEAL
To the Honorable District Judge:
1. Defendants Progressive County Mutual Insurance Company and Donald James
Wilkins file this Notice of Appeal pursuant to Tex. R. App. P. 25.1(c) and 26.1(a).
2. The 80th District Court of Harris County, Texas, signed a Final Judgment on May
29, 2015, in Cause No. 2013-41593 in favor of plaintiffs Predistell Robinson and Maenetta
Robinson and against defendants Progressive County Mutual Insurance Company and
Donald James Wilkins.
3. No timely post-judgment motion was filed.
4. From the Final Judgment entered on May 29, 2015; the granting of plaintiffs’ First
Amended Motion to Tax Attorney’s Fees as Costs; and from all other related adverse
rulings entered against them in Cause No. 2013-41593, defendants Progressive County
Mutual Insurance Company and Donald James Wilkins desire to appeal to the First or
Fourteenth Court of Appeals, sitting in Houston, based on the designation by the Harris
County District Clerk.
5. This appeal is from a final judgment and therefore this is NOT an accelerated
appeal.
6. An unofficial copy of the Final Judgment entered on May 29, 2015, is attached.
Respectfully Submitted,
MILLS SHIRLEY L.L.P.
By: /s/ George W. Vie III
George W. Vie III
State Bar No. 20579310
gvie@millsshirley.com
2228 Mechanic Street, Suite 400
Galveston, Texas 77550
(713) 571-4232
Fax (713) 893-6095
Attorneys for Appellants
2
Certificate of Service
I hereby certify that on June 29, 2015, a true and correct copy of this document was
served by e-service on opposing counsel:
John Riley Friesell
john.friesell@sbcglobal.net
Friesell Westerlage, PLLC
The Niels Esperson Building
808 Travis St., 24th Floor
Houston, Texas 77002
Attorney for Plaintiffs
4819-8710-6853, v. 1
3
CAUSE NO. 2013-41593
PREDISTELL ROBINSON AND § IN THE DISTRICT COURT OF
MAENETTA ROBINSON §
§
Plaintiffs, §
§
v. § HARRIS COUNTY, TEXAS
§
PROGRESSIVE COUNTY MUTUAL §
INSURANCE COMPANY AND §
DONAL JAMES WILKINS §
§
Defendants. § 80TH JUDICIAL DISTRICT
APPENDIX IN SUPPORT OF
NOTICE OF APPEAL
MILLS SHIRLEY L.L.P.
By: /s/ George W. Vie III
George W. Vie III
State Bar No. 20579310
gvie@millsshirley.com
2228 Mechanic Street, Suite 400
Galveston, Texas 77550
(713) 571-4232
Fax (713) 893-6095
Attorneys for
Defendants/Appellants
4843-1127-6069, v. 1
Appendix – Exhibit A
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NO. 2013-41593
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PREDISTELL ROBINSON, § IN THE DISTRICT COURT OF
AND MAENETTA §
ROBINSON, PLAINTIFFS, §
§
v. § HARRIS COUNTY, TEXAS
§
PROGRESSIVE COUNTY MUTUAL
INSURANCE COMPANY, AND
DONALD JAMES WILKINS
§
§
§ (J~*
DEFENDANTS § 80Tl! &ICIAL DISTRICT
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FINAL JUDGMENT Q~
On August 18, 2014, this case was called for trial."~tiff Predistell Robinson appeared
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in person and announced ready for trial. Plaintiff ~a Robinson appeared through counsel
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and announced ready for trial. Defendants Progr~e County Mutual Insurance Company and
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Donald James· Wilkins appeared in person an~ounced ready for trial.
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After a jury was impaneled and@J~rn, it heard the evidence and arguments of counsel.
In response to the jury charge, the ~made findings that the Court received, filed, and entered
of record. The questions sub``Qo the jury and the jury's fmdings are attached as Exhibit A
and incorporated by ref`` Plaintiffs filed a motion for judgment notwithstanding the
verdict. ~
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The Com~by RENDERS judgment for Plaintiffs.
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1. Acc~}sly, the Court orders that Plaintiffs recover the following from Progressive
County Mutual Insurance Company.
FILED
a. Actual damages in the amount of $26,000.00. Chris Daniel
District Cler~
MAY 29 2015 "t:t;:£f?"'
Time:
Harris county, loJU'lri f) ,~ •
BY.--``--=---=~--,......_..,
- -- -- - -
RECORDER'S MEMORANDUM
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This instrument is of poor quality
Deputy
at the time of 1magmg
b. Pre-judgment interest on the actual damages awarded at the rate of 18% from
April 30, 2012 until the date of this judgment, in the amount of $14,270.79.
c. Court costs.
d. Reasonable and necessary attorney fees taxed as court costs under Texas
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Insurance Code § 542.060(b) in the amount of $39,650.
e. Post-judgment interest on all of the above at the ,~e. of 5% compounded
``-
n``~ts
annually, from the date this judgment is entered until all ``uu are paid in full.
2. This judgment finally disposes of all claims and part~d is appealable.
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Signed on M(A.. z,, , 2015. Qif@~
1
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