Rufina Reyes Yanez v. American General Life Insurance Company ( 2015 )

ACCEPTED
04-15-00548-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
11/23/2015 5:20:26 PM
KEITH HOTTLE
CLERK
CAUSE NO. 04-15-00548-CV
IN THE COURT OF APPEALS FILED IN
4th COURT OF APPEALS
FOURTH COURT OF APPEALS DISTRICTSAN ANTONIO, TEXAS
11/23/2015 5:20:26 PM
KEITH E. HOTTLE
SAN ANTONIO, TEXAS Clerk
RUFINA REYES YANEZ,
Appellant
v.
AMERICAN GENERAL LIFE INSURANCE COMPANY,
Appellee
MOTION FOR THE COURT TO TAKE MANDATORY JUDICIAL
NOTICE
TO THE HONORABLE COURT OF APPEALS:
Comes Now Appellant, RUFINA REYES YANEZ, asking the Honorable
Court of Appeals to take judicial notice of a document filed by Appellant, included
herein and entitled Motion For Extension of Time To File Appellant's Brief, which
establishes that Appellant's appeal should not have been dismissed for want of
prosecution.
1. RUFINA REYES YANEZ is appealing the summary judgment
rendered against her and in favor of AMERICAN GENERAL LIFE INSURANCE
COMPANY on July 21, 2015.
Page 11
2. On October 28, 2015, the Court of Appeals entered an order
dismissing the appeal for want of prosecution. Appellant filed a motion to reinstate
the appeal. The Court of Appeals had previously accepted Appellant's Notice of
Appeal provided Appellant paid the filing fee. Appellant has not met those
conditions. Verburgt v Domer, 959 S.W. 2d 615,616-617 (Tex. 1997).
3. As to the findings that Appellant failed to prosecute her appeal
RUFINA REYES YANEZ enters a plea of non est factum. Rule 201 of the Texas
Rules of Evidence makes is mandatory that the Court of Appeals take judicial
notice of its own records and of the attached Exhibit A.
4. On September 3, 2015, Appellant filed her notice of Appeal. On
September 18, 2015, the District Clerk filed an incomplete Clerk's Record that did
not comply with Rule 34.5(a) of the Texas Rules of Appellate Procedure. The
Court of Appeals accepted the record without directing of Appeals accepted the
record without directing the District Clerk to comply with Rule 34.5(a). See Rule
34.5(d) of the Rules of Appellate Procedure.
The Clerk's Record did not include a copy of the Court Docket Sheet, the
motion for mandatory judicial notice filed on July 10, 2015, the Advisory to the
Court, and other relevant documents. Attached as Exhibit B is a copy of the letter
to the District Clerk asking for a Supplementary Clerk's Record.
Page 12
5. In Exhibit A, attached Appellant made it lucidly clear that she was
asking for an extension of time to file Appellant's Brief and for leave to file her
notice of appeal. Rule 201 of the Texas Rules of Evidence compels the Court of
Appeals to take notice of the adjudication facts contained in Exhibit A.
6. PRAYER. Premises considered, Appellant RUFINA REYES
YANEZ asks the Honorable Court of Appeals to take mandatory judicial notice of
Exhibit A and to reinstate her appeal.
Respectfully submitted,
;
A
Attorney At Law
State Bar No. 20211100
1519 Washington St, Suite # 1.
Laredo, Texas 78040
Telephone No. (956) 726-1638
Email: armandotrevinolaw@hotmail.com
Attorney For Appellant
Subscribed and sworn to before me on the 23 rd day of November, 2015, by
Armando Trevifio, Attorney for Appellant.
Noylry PiIblic, State of Texas
Page 13
CERTIFICATE OF SERVICE
I certify that on November 23, 2015, I served a copy of the Motion To
Reinstate Appeal was sent via hand-delivery or e-service to Jason A. Richardson,
Edison, Mcdowell & Hetherington LLP, 3200 Southwest Freeway, Suite 2100,
Houston, Texas 77027, jason.richardson@emhllp.com, Webb County District
Clerk's office Esther Degollado.
A ANDO TREVINO
Page 14
EXHIBIT A
FOURTH COURT Of APPEll
SAN ANTONIO, T~)(
9/3120153:22:12
KEITHHOn
CLE
04-1 ~-00548-CV
CAUSE NO. _ _ _ _ _ _ _ _ __
IN THE COURT OF APPEALS
FOURTH COURT
!
OF APPEALS DISTRICT
SAN ANTONIO, TEXAS
RUFINA REYES YANEZ,
Appellant
VS.
AMERICAN GENERAL ~IF.E ,INSURANCE COMPANY,
Appellee
Trial Court No. 2014CVFOOO504-D3
S
341 1' DISTRICT COURT OF WEBB COUNTY, TEXAS
MOTION FOR EXTENSION OF TIME TO FILE
APPELLANT'S BRIEF
TO THE HONORABLE COURT OF APPEALS:
1. Appellant RUFINA REYES YANEZ files this motion for extension
of time of 15 days to file her notice of Appeal regarding the final summary
judgment that was entered on July 20,2015. The Notice of Appeal is included with
this request for Extension.
2. The right to appeal is a valuable right and the Supreme Court has
made it clear that such a right should not be denied if good cause exists for
extending the time to appeal. See Verburgt v. Dorner, 959 S.W. 2nd 615, 616-17
(Tex. 1997).
1
A.T. RUFINA ~"'ANEZ. MonON FOR LEAVE TO FI~E MOTION FOA EX~NSION OFTlMHO FIL~APPELlANrs BRIEf
3. Good cause exists for granting of the extension. During the past
several months AppeUanfs counsel had been involved in Cause No. 15-01-13356-
ZCV, David Rodriguez, et al vs. Rose Rock Midstream Field Services, L.L,C., et al
filed in the 293 rd District Court of Zavala County, Texas, a four vehicle collision
that resulted in six deaths and injuries to other persons. The case has involved and
will continue to involve multiple depositions, extensive requests for discovery, and
examination of the vehicles. '
4. PRAYER. PreD;lises Considered, Appellant asks the Court to grant
this motion.
submitted,
NDOTRE
State Bar No. 20211100
1519 Washington St., Suite One
Laredo, Texas 78040
Tel (956) 726-1638
Email: annandotrevino!aw(rugmaiLcolll
'"
Attorney for Appellant
I' 1
,. ,
1M
Subscribed and sworn to by Armando Trevifio on the 3' day of
September~ 2015.
2
I'..T. RUFINA AYAI'II