                                                                                 ACCEPTED
                                                                             01-15-00729-CV
                                                                  FIRST COURT OF APPEALS
                                                                          HOUSTON, TEXAS
                                                                        10/2/2015 4:12:38 PM
                                                                       CHRISTOPHER PRINE
                                                                                      CLERK

                        NO. 01-15-00729-CV

__________________________________________________________________
                                                       FILED IN
                                                   1st COURT OF APPEALS
                                                       HOUSTON, TEXAS
                   IN THE COURT OF APPEALS         10/2/2015 4:12:38 PM
          FOR THE FIRST JUDICIAL DISTRICT OF      TEXAS
                                                   CHRISTOPHER A. PRINE
                       AT HOUSTON, TEXAS                   Clerk
__________________________________________________________________

               IN RE: RAYMOND C. CLARK, JR., Relator
__________________________________________________________________

                   ORIGINAL PROCEEDING FROM
               THE 300TH JUDICIAL DISTRICT COURT
                    BRAZORIA COUNTY, TEXAS
                         CAUSE NO. 68,312
__________________________________________________________________

   FIRST SUPPLEMENTAL PETITION FOR WRIT OF MANDAMUS
_________________________________________________________________




                              WILLIAM J. ROBERTSON
                              State Bar No. 17077500
                              9800 Northwest Freeway, Suite 314
                              Houston, Texas 77092
                              Tele: (713) 263-9911
                              Fax: (866) 657-5609
                              Email: Robertsonlawfirm@gmail.com
                              ATTORNEY FOR RELATOR
                              RAYMOND C. CLARK, JR.




                                1
                  IDENTITY OF PARTIES AND COUNSEL

Relator:

Raymond C. Clark, Jr.
7314 Valentine Lane
Pearland, Texas 77584

Counsel for Relator:

William J. Robertson
State Bar No: 17077500
9800 Northwest Freeway, Suite 314
Houston, Texas 77092
Tele: (713) 263-9911
Fax: (866) 657-5609

Respondents:

The Honorable K. Randall Hufstetler, Presiding Judge
300th Judicial District Court
Brazoria County, Texas
111 E. Locust, Room 401A
Angleton, Texas 77515

The Honorable Chad Bradshaw, Associate Judge
300th Judicial District Court,
Brazoria County, Texas
111 E. Locust, Room 401
Angleton, Texas 77515

Real Party in Interest:

Wendy Morrow Clark
3818 Gladeridge Drive
Houston, Texas 77068




                                       2
Counsel for Real Party in Interest:

Walter P. Mahoney, Jr.
State Bar No: 24043328
The Mahoney Law Firm
3668 Burke
Pasadena, Texas 77504
Tele: (281) 998-9450
Fax: (281) 998-9430

Amicus Attorney

Michelle A. Stover
State Bar No. 0079*7508
P.O. Box 1087
Angleton, Texas 77516-1087
Tele: 979-849-5563
Fax: 866-973-1717




                                      3
                                         TABLE OF CONTENTS
                                                                                    PAGE
IDENTITY OF PARTIES AND COUNSEL ............................................................2

TABLE OF CONTENTS ...........................................................................................4

INDEX OF AUTHORITIES......................................................................................5

ISSUES PRESENTED...............................................................................................5

  Issue Two ................................................................................................................5
     Did the failure of the Honorable K. Randall Hufstetler to sign, or take other
     action he deemed proper, with regard to the February 20, 2015 final order of
     the Associate Judge in the underlying cause of action constitute an abuse of
     discretion that denied the Relator the right to appeal the final order of the trial
     court because such inaction by the presiding judge deprived the Court of
     Appeals jurisdiction? ...........................................................................................5

ARGUMENT AND AUTHORITIES ........................................................................6

  Issue Two ................................................................................................................6
     The failure of the Honorable K. Randall Hufstetler to sign, or take other action
     he deemed proper, with regard to the February 20, 2015 final order of the
     Associate Judge in the underlying cause of action constituted an abuse of
     discretion that denied the Relator the right to appeal the final order of the trial
     because such inaction by the presiding judge deprived the Court of Appeals
     jurisdiction to consider the Relator’s appeal. ......................................................6

CONCLUSION AND PRAYER ...............................................................................8

CERTIFICATE OF SERVICE ..................................................................................9

CERTIFICATE OF COMPLIANCE WITH APPELLATE RULE 52.3(j) ............10

CERTIFICATE OF COMPLIANCE WITH APPELLATE RULE 9.4(i) ..............10

RELATOR’S SUPPLEMENTAL APPENDIX.......................................................11


                                                            4
                                  INDEX OF AUTHORITIES
                                                                                                           PAGE
Statutes

TEX. FAM. CODE §201.001 (e) ...............................................................................6

TEX. FAM. CODE §201.013 (b)...............................................................................6

TEX. FAM. CODE §201.013 (a) ...............................................................................7

TEX. GOV. CODE §22.221(b)..................................................................................6

Constitutional Provisions

TEX. CONST. §19 .....................................................................................................7

TEX. CONST. art I §3 ...............................................................................................7

U. S. CONST. amend. VII .........................................................................................7

U.S. CONST. amend V ..............................................................................................7




                                         ISSUES PRESENTED
                                                   Issue Two
Did the failure of the Honorable K. Randall Hufstetler to sign, or take other
action he deemed proper, with regard to the February 20, 2015 final order of
the Associate Judge in the underlying cause of action constitute an abuse of
discretion that denied the Relator the right to appeal the final order of the
trial court because such inaction by the presiding judge deprived the Court of
Appeals jurisdiction?




                                                          5
                     ARGUMENT AND AUTHORITIES
                                    Issue Two
The failure of the Honorable K. Randall Hufstetler to sign, or take other action
he deemed proper, with regard to the February 20, 2015 final order of the
Associate Judge in the underlying cause of action constituted an abuse of
discretion that denied the Relator the right to appeal the final order of the
trial because such inaction by the presiding judge deprived the Court of
Appeals jurisdiction to consider the Relator’s appeal.

      The Texas Family Code provides that after a hearing conducted by an

Associate Judge that the Associate Judge shall send the Associate Judge’s signed

and dated report, including any proposed order, and all other papers relating to the

case to the referring court. TEX. FAM. CODE §201.011 (e). In this case, the

parties waived the right to a de novo hearing before the presiding judge, as such,

the proposed order or judgment of the Associate Judge becomes the order or

judgment of the referring court only on the referring court’s signing the proposed

order or judgment. TEX. FAM. CODE §201.013 (b).

      The failure of the Associate Judge to comply with the mandatory provision

of TEX. FAM. CODE §201.011 (e) and the failure of the Presiding Judge, the

Honorable K. Randall Hufstetler, to sign the final judgment of February 20, 2015

or take whatever action he deemed proper has denied the Relator an adequate

remedy at law because such inaction denies the Relator of the ability to seek relief

in the Court of Appeals because, such inaction by the Associate Judge and the



                                         6
Presiding Judge deprives the Court of Appeals jurisdiction to consider an appeal by

Relator. TEX. GOV. CODE §22.221(b).

      The lack appellate jurisdiction has denied Relator the right to seek

mandamus relief for the improper denial of the Relator’s constitutional right to a

jury trial, the failure of the court to correctly apply the law and an electronic

recording system that failed to properly record the testimony of a material witness.

      The failure of the Presiding Judge and the Associate Judge of the 300 th

Judicial District Court of Brazoria County, Texas to make the final order dated

February 20, 2015 the final appealable order of the Presiding Judge have placed

the Relator in the position of being subject to the full force and effect of the

Associate Judge’s order pursuant to TEX. FAM. CODE §201.013 (a) while at the

same time being denied due process as guaranteed under the TEX. CONST. art I

§3, TEX. CONST. art. I §19 and the U. S. CONST. amend. V and U. S. CONST.

amend. VII because the Relator is (1) denied access to equitable and extraordinary

relief in the Court of Appeals on jurisdictional grounds and (2) the Relator is

denied the right to appeal the February 20, 2015 order.

      In this regard, on September 23, 2015, the Clerk of the Court of Appeals

notified Relator that his appeal would be dismissed for lack of jurisdiction, citing

statutory and case authority as stated therein, unless Relator supplemented the

clerk’s record with an order that is an appealable order. In other words, an order


                                         7
signed or adopted by the Presiding Judge of the 300th Judicial District Court of

Brazoria County, Texas (APP. TAB 7).

      Inaction by the Presiding Judge of the 300th Judicial District Court of

Brazoria County, Texas has denied a citizen of the State of Texas his constitutional

right to challenge the trial court’s rulings by either by mandamus, appeal or both.


                         CONCLUSION AND PRAYER

      WHEREFORE, PREMISES CONSIDERED, Relator prays that this

Petition for Writ of Mandamus be in all things granted and that the Court of

Appeals order the Presiding Judge of the 300th Judicial District Court of Brazoria

County, Texas to perform those acts necessary to enable the Presiding Judge to

sign the order of the Associate Judge dated February 20, 2015 and that Relator

have such other and further relief to which he may show himself justly entitled.

                                              Respectfully submitted,

                                              /s/ William J. Robertson
                                              _____________________
                                              William J. Robertson
                                              State Bar No. 17077500
                                              9800 Northwest Freeway, Suite 314
                                              Houston, Texas 77092
                                              (713) 263-9911 Tele.
                                              (866) 657-5609 Fax
                                              Robertsonlawfirm@gmail.com
                                              ATTORNEY FOR RELATOR
                                              RAYMOND C. CLARK, JR.



                                          8
                        CERTIFICATE OF SERVICE
       I certify that a true and correct copy of the foregoing “First Supplemental
Petition for Writ of Mandamus” was forwarded by facsimile and/or by U.S.
Certified Mail, Return Receipt Requested to all pro se parties and/or counsel of
record on this 2nd day of October 2015.
The Honorable K. Randall Hufstetler, Presiding Judge
300th Judicial District Court
Brazoria County, Texas
111 E. Locust, Room 401A
Angleton, Texas 77515
Certified Mail, Return Receipt Requested
7015-0640-0005-2383-8541

The Honorable Chad Bradshaw, Associate Judge
300th Judicial District Court,
Brazoria County, Texas
111 E. Locust, Room 401
Angleton, Texas 77515
Certified Mail, Return Receipt Requested
7015-0640-0005-2383-9074

Walter P. Mahoney, Jr.
The Mahoney Law Firm
3668 Burke
Pasadena, Texas 77504
Certified Mail, Return Receipt Requested
7015-0640-0005-2383-9081

Michelle A. Stover
Law Office of Michelle A. Stover
P.O. Box 1087
Angleton, Texas 77516-1087
Certified Mail, Return Receipt Requested
7015-0640-0005-2383-9098

                                                  /s/ William J. Robertson
                                                  _______________________
                                                  William J. Robertson

                                        9
CERTIFICATE OF COMPLIANCE WITH APPELLATE RULE 52.3(j)

       This certifies that the undersigned has reviewed this Petition and concluded
that every factual statement in it is supported by competent evidence included in
the appendix or record as required by Appellate Rule 52.3(j).

                                       /s/ William J. Robertson
                                       ____________________________
                                       William J. Robertson




  CERTIFICATE OF COMPLIANCE WITH APPELLATE RULE 9.4(i)

      I certify that is document contains 1,597 words, as indicated by the word-
count function of the computer program used to prepare it, and excluding the
caption, identity of parties and counsel, statement regarding oral argument, table of
contents, index of authorities, statement of the case, statement of issues presented,
statement of jurisdiction, statement of procedural history, signature, proof of
service, certification, certificate of compliance, and appendix, as provided by
Appellate Rule 9.4(i).

                                       /s/ William J. Robertson
                                       ____________________________
                                       William J. Robertson




                                         10
                          NO. 01-15-00729-CV

__________________________________________________________________

                   IN THE COURT OF APPEALS
          FOR THE FIRST JUDICIAL DISTRICT OF TEXAS
                       AT HOUSTON, TEXAS
__________________________________________________________________

               IN RE: RAYMOND C. CLARK, JR., Relator
__________________________________________________________________

                   ORIGINAL PROCEEDING FROM
               THE 300TH JUDICIAL DISTRICT COURT,
                    BRAZORIA COUNTY, TEXAS
                         CAUSE NO. 68,312
__________________________________________________________________

            RELATOR’S SUPPLEMENTAL APPENDIX
_________________________________________________________________

TAB NO.              DESCRIPTION

   7.     Letter from Clerk of Court of Appeals dated September 23, 2015.




                                   11
TAB 7




  12
                                 COURT OF APPEALS FOR THE
                            FIRST D ISTRICT OF TEXAS AT HOUSTON

                                             NOTICE

Appellate case name:      Raymond C. Clark v. Wendy Jean Morrow Clark

Appellate case number:    0 1-15-00615-CV

Trial court case number: 68312-D

Trial court:              300th District Court of Brazoria County

        The Court has directed me to notify you that the Court may dismiss this appeal for want
of jurisdiction.

        Appellant, Raymond C. Clark, filed his notice of appeal of an Order in Suit to Modify
Parent-Child Relationship signed on February 20, 2015. The clerk's record filed with this Court
includes an order signed on February 20, 2015 by the Honorable Chad D. Bradshaw, Associate
Judge. An associate judge only has the power to render a final judgment or order in a limited
number of circumstances expressly set forth in the Family Code- none of which appear to be
applicable here. See TEX. FAM. CODE ANN. § 201.007(a)(14) (identifying specific types of orders
associates judges may "render and sign"); see also Graham v. Graham, 414 S.W.3d 800, 801
(Tex. App.- Houston [I st Dist.] 2013, no pet.) (noting associate judges do not have power to
render final judgment outside context of limited exceptions listed in Family Code section
20 1.007(a)(14)).

        An associate judge's order that falls outside the scope of section 201.007(a)(14)
"becomes the order or judgment of the referring court only on the referring court's signing the
proposed order or judgment." TEX. FAM. CODE ANN. § 201.013(b). Here, the record does not
indicate that the February 20, 2015 order has been signed by the referring court or constitutes an
otherwise appealable order. See TEX. FAM. CODE ANN. § 109.002(b) ("An appeal may be taken
by any party to a suit from a final order rendered under this title."); In re M.E.M., No. 05-09-
00022-CV, 2009 WL 294939, at * 1 (Tex. App.- Dallas Feb. 9, 2009, no pet.) (mem. op.)
(dismissing appeal because associate judge's order was not final judgment or otherwise
appealable order.

      Unless appellant causes to be filed a supplemental clerk's record containing documents
showing that the February 20, 2015 order is an appealable order, or files a response
demonstrating by citation to the law and the appellate record that this Court has jurisdiction of
the appeal, this appeal may be dismissed for want of jurisdiction. See T EX . R. Arr. P. 42.3(a),
43.2(f). Appellant's respo nse, if any. is due in this Court within 14 days of the date of this
notice.




Clerk 's Signature:
                      c~~;:,..
                      Christopher A. Prine, Clerk of the Court


Date: September 23, 2015
