                                   Kelly &Smith, P.C.
                                          Attorneys at Law
                                          4305 Yoakum Blvd.
                                                                                FILED IN
                                         Houston, Texas 77006
                                                                         1ST COURTOF APPEALS
                                      Telephone: (713)861-9900               HOUF^m TEXAS
                                      Facsimile: (713)861-7100
                                                                             MAY 1 8 2015
                                              May 13,2015               CHRfoi»ro          HHINE

                                                                      CLER
 Via Regular Mail
Court of Appeals
First District
301 Fannin Street
Houston, Texas 77002-2066

          Re: Court of Appeals Number: 01-15-00406-CV

              Trial Court case:   Cause No. 2011-47304; Candis M. Mora, et al. vs. Trinidad
                                  Drilling, LLC d/b/a Trinidad Drilling GP, LLC, etal; In the 165th
                                  Judicial District Court of Harris County, Texas.

Dear Clerk:


       Enclosed for filing in our Firm check number 3746 in the amount of $195.00 for the fee
associated with the Appellant Fee.

          Thank you for your assistance in this matter. With cordial good wishes, I remain

                                                        Very truly yours,

                                                        Kelly & Smith, P.C.



                                                        Amber D. Durham
                                                        Legal Assistant to Loren R. Smith

Enclosures (as stated)




AIG-Mora/Clerk.Fee.051315
                                                                                                    FILE COPY



      Sherry Kadaok                                                                       Christopher A. Prine P-5
o      Chief Justice                                                                      Clerk of the Court

i-l
      Terry Jennings                                                                     Janet Williams
      Evelyn Keyes                                                                        Chief Staff attorney
H     Laura Carter Higley
§     Jane Bland
                                               Court of Appeals                          Phone: 713-274-2700
                                                                                         Fax:   713-755-8131
      Michael M aSsengale
a     HaRVev Brown
                                                 First District
h     Rescca Hi:ddi.f.                                                                    www.txcourts.gov/Islcoa.iispx
Q     Russell Lloyd                              301 Fannin Street
      JUSTICES
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s
                                             Houston, Texas 77002-2066
                                                                                          ^
                                                    April 30, 2015                    •>8
          Donna K. Emenhiser                                         Robert Bailey<^#ltman
          Waltman & Grisham                                          Waltman &s&|sTiam
          2807 S Texas Ave Ste 201                                   2807 STe|^ Ave #201
          Bryan, TX 77802-5326                                       Bryani46jfi77802-5326
          * DELIVERED VIA E-MAIL *                                   *DEL^yERED VIA E-MAIL *
          Loren R. Smith
          Kelly & Smith                                                            FILED
          4305 Yoakum Blvd.                                                         Chris Daniel
          Houston, TX 77006                                                         District Clerk
          * DELIVERED VIA E-MAIL *                                                  MAY 01 2015
                                                                                      arris County, Texas
          RE:      Court of Appeals Number: 01-1
                   trial Court Case Number: 201                                           Deputy

          Style: New Hampshire Insurance G              v. Candis M. Mora, et al

                                                  ERAL INFORMATION


                   On April 30, 2015, fw^er of assignment from the 165th District Court trial-court clerk
          and a copy of the notice o^&ppeal filed by New Hampshire Insurance Company in the trial
          court was received andfobeketed as Cause Number 01-15-00406-CV. This Notice contains
          information about soracjjfthe rules and procedures that govern prosecution ofan appeal pending
          before the FirstCohi^F Appeals.

                   Texas I&P^ of Appellate Procedure 9.6 requires parties and counsel to communicate
          about a pending) appeal only through the Clerk's office and they may not communicate with
          either the ju||&es or their staff about acase. It is also improper to send adocument to the Court
          about anc^gpeal unless a copy of it is served on all other parties to the appeal at the same time.
          See Tex. R. App. P. 9.5(d), (e).

                  Effective January 1, 2014, all attorneys in civil cases and criminal cases must
          electronically file all documents (except a document submitted under seal or subject to a motion
          to seal) through theEfileTexas.gov electronic filing system. A party representing themselves pro
          se (without an attorney) in a civil case, is encouraged to e-file documents, but is not required to
          do so. Electronically tiled documents must conform to TEX. R. APP. P. 9.4 and must be
          completed through EfileTexas.gov, http://wwW.efiletexas.gov. Electronically filed briefs must
                                                                                        KILE COPY




comply with TEX, R. APP. P. 9.4 and with the Texas Supreme Court's Redaction Guidelines
found at http://www.supremc.courts.state.tx.us/ebriefs/RedactionGuidclines.pdf.

                           INFORMATION ABOUT THE FILING FEE

       Unless an appellant is exempt from paying filing fees or has been declared indigent, the
appellant must pay the required $195 filing fee to'prosecute the appeal. See Tp. R. App. P. 5
(requiring payment of fees in civil cases unless excused) and 20.1 (listing^^uirements for
establishing indigence).

       This letter is NOTICE to the appellant that the required filing'^etnust be paid within
twenty (20) days of the date of this notice. A party who files electH&ieally may pay by credit
card through the Tex.gov process. Or, aparty may pay With cash ii^erson at the Clerk's office,
301 Fannin, Houston, Texas 77002. Afiler may also pay by (I^ssbney order, cashier's check,
or certified check issued by a U.S. financial institution or (2) a^mohey order issued by the United
States Postal Service. A money orderOr a check must be miS&payablc to "Clerk, First Court of
Appeals."                                                   °<|P
       There is only one $195 filing fee for eacb==aopellate ease, regardless of how many
appellants there may be, or if multiple notices of appeal are filed. Multiple appellants who are
not indigent or exempt must determine amongst th^pelves how the filing fee will be paid.
                   INFORMATION ABQUJT&IE APPELLATE RECORD

       This letter is NOTICE to the appelpht that the Court may dismiss an appeal for want of
prosecution, if the clerk's record is nofcfiled and it is appellant's fault. See TEX. R. APP. P.
37.3(b); 42.3. This letter is also NO^:E to the appellant that if it is appellant's fault that the
reporter's record is not filed, the ©a§rt may decide the appeal on those issues or points that do
not require a reporter's record f^rjoecision. See TEX. R. APP. P. 37.3(c). Any motion related
to informalities in the manner<orbringing this appeal must be filed within diirty (30) days after
the appellate record is filed. ^33^(. R. APP. P. 10.5(a).
       Unless an appe^ntnas established indigence under Texas Rule of Appellate Procedure
20.1, the trial-court denfand court reporter are not required to file the clerk's and reporter's
records until appel4a|phas paid the required fees to prepare and certify the records, or has made
satisfactory arrangMents to pay the fees. See TEX. R. APP. P. 35.3(a)(2), (b)(3).

       Frorhfiijbrmation currently available, it appears that the trial court signed the final
judgment earner appealable order on April 20, 2015. Because the notice of appeal indicates
that a poi^adgment motion was not filed, unless the Court receives information to the contrary,
the trial court clerk is due to file the clerk's record and the court reporter is due to file the
reporter's record on or before June 19,2015.

       The appellant and/or appellee should inform the Court as soon as possible if (1) this
appeal is accelerated or (2) if there is disagreement about (a) the date the trial court signed the
                                                                                            hi LK COPY




final judgment or appealable order or (b) whether a post-judgment motion or request for findings
of fact and conclusions of law was timely filed in the trial court.

        It is mandatory that both the clerk's record and the reporter's record be filed
electronically. Both the trial-court clerk and the court reporter are asked to complete the
information     sheet   on      the    "Forms"     page     of    the    Court's   website,
http://www.txcourts.gov/lstcoa/practice-before-the-cdurt/forms.aspx. and file k^with the Court
within ten (10) days of the date of this Notice. The parties do not need to file amotion to extend
time to file either the clerk's record or the reporter's record. See Texas^Jples of Appellate
Procedure 34.5(b)(1), (c)(2), 35.3(c), and 35.6(b)(1) and Appendix C@!e Texas Rules of
Appellate Procedure for electronic filing related to preparation of the appellate record.

       Parties are encouraged towork together and with the trial cot^clerk and court reporter to
properly designate all necessary items and portions of the testimonpto be included in the initial
records. The Court generally will not granta motion to extend%mi to file a brief because a party
requests to supplement the record with an item or portion oC&etcstimony that the party did not
timely designate for inclusion in the initial clerk's record exporter's record. See Tex. R. App.
P. 10.5(b), 34.5(c)(1), 34.6(d), 38.6(d).                  ^
                      INFORMATION ABOUT FIKNG DOCUMENTS

        Texas Rule of Appellate Procedure .jft^controls the number of paper copies and
documents filed in paper form. All documeMsmust include a certificate of service. See Tex. R,
App. P. 9.5(d), (e). All civil motions mus^nerude a certificate of conference, TEX. R. APP. P.
10.1(a)(5), and require a$10 filing fee, utfRps the movant has established indigence of is exempt
from the advance payment of filing fe*s. e.g., the State or a political subdivision of the State.
See TEX. R. APP. P. 5; FEES CIV G^ES B(3); Op. Tex Att'y Gen. No. DM-459 (1997). The
Court treats a civil motion reques^^multiple types of relief as separate motions and requires a
separate $10 filing fee for each rffonon.

                INFORMATION ABOUT THE DOCKETING STATEMENT
        An appellant is rlgaired to file adocketing statement. See Tex. R. App. P. 42.3. Until the
Clerk's record is filcd»jhe docketing statement is the primary source of accurate information
about anewly-filed<^ieal. The information is used to establish appellate deadlines and to send
notices to the $Q|I§r parties at the correct addresses. The "Forms" section of the Court's
website iriclude^^docketing statement or the appellant may call the Clerk's office and ask that
one be mailedOn this case, the Docketing Statement should be filed within twenty (20) days of
the date of^tnf^otice.
        Section X must be completed if an appellant believes that his/her civil appellate matter
may qualify for the Pro Bono Program sponsored and administered solely by the State Bar of
Texas (SBOT) and the Houston Bar Association's Appellate Practice Section (HBA). See the
following Websites for information: (1) State Bar of Texas Pro Bono Program, First Court of
Appeals, http;//www.tcx-app.org/DrawQnePagc.aspx?PagcID=82; (2) the Houston Bar
                                                                                       FILE COPY




Association's website.http://www.hba.org/services/:and (3) http://www.txcourts.gOv/lstCOA.
Practice Before the Court, Forms, Civil Docketing Statement.

       Section XI of the docketing statement is an optional section that requests information
related to potential participation in an alternate dispute resolution process or mediation. The
Court strongly encourages the parties to provide this information due to the successful history of
alternative dispute resolution/mediation processes, even in cases where suchsuccess initially
appeared unlikely.                                                             ^^
                                INFORMATION ABOUT BRIEFS

       Effective January 1, 2014, all attorneys in civil cases <anffl) criminal cases must
electronically file all documents (except a document submitted unde^eal or subject to a motion
to seal) through the EfileTexas.gov electronic filing system. Aptjrtprepresenting themselves pro
se (without an attorney) in acivil case, is encouraged to e-file^^uments, but is not required to
do so. Electronically filed documents must conform to 3$$- R APP. P. 9.4 and must be
completed through EfileTexas.gov, http://www.efiletexag|jgy. Electronically filed briefs must
comply with TEX. R. APP. P. 9.4 and with the Texas^SWreme Court's Redaction Guidelines
found at http://www.txcourtS;gov/media/124902/redagtionguidelines.pdf,

      INFORMATION ABOUT ATTORNEYS^PEARING BEFORE THE COURT
       Texas Rule of Appellate Procedufel^ governs matters related to an attorney's
representation of aparty before the Court.<^torneys must promptly notify the Clerk's office of
any change of address or change in designation of the lead counsel for aparty. Anonresident
attorney who is not a member of the^State Bar of Texas must satisfy the requirements for
participation in a Texas legal raa^r found on the Board of Law Examiners' website
http://wwW.ble.state.txAis. '

                     INFORMATION ABOUT NOTICES TO PARTIES

       Notice must be senftb4ll parties of anyjudgment, mandate, or order issued. See Tex. R.
App. P. 12.6. Ifa pai^yjp represented by an attorney, notice will be sent to the party's lead
counsel. See Tex. RXiAPP. P. 9.5(b). Information available to the public about a case may be
found on the "Case^fonnation" page ofthe Court's website. Parties may sign up for e-mail
notices about ac|iyjt$ intheir case onthe "CaseMaiP page of the website
                         STANDARDS OF APPELLATE CONDUCT


       Tfie=£ourt follows the Standards of Appellate Conduct adopted by the Supreme Court of
Texas and the Courtof Criminal Appeals. All attorneys and parties—including pro se litigants—
are expected to fully comply with these standards, as well as all applicable provisions of the
Texas Rules of Appellate Procedure, the Texas Disciplinary Rules of Professional Conduct, and
the Code of Judicial Conduct. See the "Court Rules" page, "Other Rules Governing Attorneys"
of the Texas Supreme Court's website, http://www.txcourts.gov/supremc.aspx. or call and ask
that a copy be mailed to you.
                                                                                   FILE COPY




        Should you have questions at any time throughout the appellate process of your case,
please do not hesitate to call the Clerk's office at 713-274-2700.

                                                 Sincerely,
                                                 Christopher A. Prine, Clerk of the Court

                                                                           £•
                                                                        ?f
cc:   The Honorable Chris Daniel (DELIVERED VIA E-MAIL)
      Hon. Olen Underwood (DELIVERED VIA E-MAIL)                   J&»
      Court Reporter 165th District Court (DELIVERED VIA E-MAILfe^
      Judge 165th District Court (DELIVERED VIA E-MAIL)     J^>
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Kelly & Smith, P.C.
4305 Yoakum Blvd.                         *30RTH HOUSTON TX Ji^P,
Houston, Texas 77006
                                             14 NAY 2015 PM 9 =L
                       Court of Appeals
                       First District
                       301 Fannin Street
                       Houston, Texas 77002-2066
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