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: [email protected] 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, [email protected], 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 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).

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.

I'..T. RUFINA AYAI'II<Z, MOTION FOR L£AV~TO FILE Mo1'IOI'I FOR EXTEN.510N OFTIME'TO "LfAPP~~LAl'f1"s BIU~ CERTIFICATE OF SERVICE I certify that on September 3, 2015, I served a copy of the Motion For Extension Of Time To File Appellant's Brief JASON A. RICHARDSON, EDISON, McDOWELL & HETHERINGTON LLP, 3200 Southwest Freeway, Suite 2100, Houston, Texas 77027,[email protected].

A.t. ~UFINA R YANez. MOTION FOR L£A"e TO fl~~ MOTION FO~ fXTE~N OF TIME TO FILE APPEllANT'S aRIEF 04-15-00548-CV CAUSE NO. 2014CVFOOOS04-D3

RUFINA REYES YANEZ, § IN THE DISTRICT COURT Plaintiff vs. § 341st JUDICIAL DISTRICT AMERICAN GENERAL LIFE INSURANCE COMPANY, APPELLEE § WEBB COUNTY, TEXAS

NOTICE OF APPEAL RUFINA REYES YANEZ, gives notice that she desires to appeal to the Fourth Court of Appeals the final summary judgment that was rendered on July 20~ 2015, against her and in favor of Defendant, American General Life Insurance Company.

Respectful . ~ ~~-~ INO State B No. 20211100 1519 Washington St., Suite One Laredo, Texas 78040-0544 Tel: (956) 726-1638 . Email:.armandotrevinoiaw(ihgmail.cmu = Attorney for RUFINA REYES YANEZ

CERTIFICATE OF SERVI~ 0/111 J I hereby certify that on the day of September, 2015, a true and correct copy of the above and foregoing was served on JASON A. RICHARDSON, EDISON, McDOWELL & HETHERINGTON LLP, 3200 Southwest Freeway, Suite 2100, Houston, Texas 77027, [email protected].

EXHIBITB 11/17120154:59:21 PI Esther Degollad District Clet Webb Distril Esther JO Garz 2014CVF000504D RAMOS TREVINO ATTORNEYS AT LAW 1519 WASHINGTON sr.'SUITE 1 , ·LAREDO, TEXAS 78040 Email: arluandotrcv inolawr'lilg1l1ail.con) , ....

CARMEN RAMOS 4- mONS NO. (9S6)7:26-1633 ARMANDOTRE~O

November /3 .) 2015 via email: Hon. Esther Degollando Webb County District Clerk 1110 Victoria St. Laredo, Texas 18040 Re: Court ofAppeals No.04-J5-00548-CV Rufina Reyes Yanez v American General Life Insurance Company ,.1 ",

Dear Ms. Degollado: 1. Plaintiff RUFINA' REYES YANEZ is appealing the summary judgment that was rendered against ber and' in favor of 'American. General Life Insurance Company under Cause in No. CVF000504-D3~ the 341 81 JudIcial District Court of Webb County, Texas.

2. Appellant asks you to prepare the Clerk's Record on appeal and to include the following docwnents: a. The Court Docket Sheet. b. The Original and :all amended petitions. c. The Original and all amended answers. d. Defendant's Motion For Summary Judgment. e. Plaintiffs Response to Motion For Swnmary Judgment. f. May 13, 2015 t Summary Judgment. g. Plaintiffs Motion To Set Aside the May 1'3,2015, Summary Judgment. h. Defendant's Response to Plaintiffs Motion To Set Aside May 13, 2015, S~ Judgment. i. Motion For Court to take Mandatory Judicial Notice of Certain Documents.

J. June 12. 2015, ~upplemental Plaintiff's Motion To Set Aside May 13, 2015, Summary Judgment. k. June 12, 2015, Plaintiffs Supplemental to her Motion to Set Aside May 13,2015, Summary Judgment.

1. June 12,2015, Second Supplement to Plaintiffs Motion for New Trial.

Page: Jl ....... :

m. July 10, 2015, Motion For Leave to File Relevant Documents and for Judicial Notice. n. July 15, 2Q15, Advisory to the Court. o. July 20,2015 Summary Judgment. p. Plaintiffs Motion To Set Aside July 20, 2015, Summary Judgment. q. Plaintiff's Notice of Appeal. r. This letter. s. A Certified Bill of Costs.

I

:7:;1'~ ~TREVINO ~ Attorney At Law State Bar No. 20211100 1519 Washington 81, Suite # 1.

Laredo, Texas 78040 Telephone No. (956) 726-1638 Email: annando trevino\aw(cp.hotl!)ail.coOl Attorney For Appellant

CERTIFICATE OF SERVlCE I certify that on November I l' . 20 IS, I served a copy of this leter was sent via e- service to JASON A.RICHARD~DISON, McDOWELL & HETHERINGTON LLP, 3200 Southwest Freeway, Suite 2100. Houston, Texas 77027, iason.richardson@emhl1,p.com. elerl<, Fourth Court of Appeals, 8IId Ana Alcantar, ~ -?= .. _ . ~~~ ~ A . NDO TREVINO . ... .

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