On May 20, 2021 a
Appellate Materials
was filed
involving a dispute between
Roberts, Ronald,
Rosenberger, Robert Kelton,
and
Lemaster, Harvey,
for Real Property - Other Real Property - Ownership/Title
in the District Court of Galveston County.
Preview
Filed: 9/7/2021 6:44 PM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 57026165
By: Shailja Dixit
9/8/2021 8:14 AM
CAUSE NO. 16-cv-0524-A
ALBERT J. HERNANDEZ, § IN THE DISTRICT COURT OF
§
Plaintiff, §
§
v. § GALVESTON COUNTY, TEXAS
§
WALDEN POND OWNERS §
ASSOCIATION §
§
Defendant. § 405th JUDICIAL DISTRICT
ROSENBERGER’S REQUEST FOR CLERK’S RECORD FOR APPEAL
Pursuant to Rule 34.5 of the Texas Rules of Appellate Procedure, Plaintiff Robert Kelton
Rosenberger (“Rosenberger”) requests that you prepare, certify, and file a Clerk’s Record in this
cause in Case No. 14-21-00467-CV in the Fourteenth Court of Appeals in Houston, Texas, in the
appeal from the trial court’s interlocutory partial summary judgment signed December 14, 2020,
which became final when it was severed by order dated May 20, 2021. Each designated document
shall be construed to include all exhibits and proposed orders or judgments (if any)
accompanying each of these materials, including but not limited to the following documents:
1. August 7, 2019 Plaintiff’s Original Petition and Initial Discovery initially filed in Cause
No. 19-CV-1418;
2. April 1, 2020 Defendant’s Original Answer and Jury Demand filed in Cause No. 19-CV-
1418;
3. The docket sheet for Cause No. 16-cv-0524-A;
4. The docket sheet for Cause No. 16-cv-0524;
5. The docket sheet for Cause No. 19-CV-1418;
6. December 14, 2020 partial, interlocutory summary judgment in Cause No. 16-cv-0524;
7. May 20, 2021 Order for Severance creating Cause No. 16-cv-0524-A;
8. June 21, 2021 Motion for New Trial in Cause No. 16-cv-0524-A;
9. August 18, 2021 Notice of Appeal;
10. This Request for Clerk’s Record for Appeal;
11. A certified bill of costs;
12. December 2, 2019 Order consolidating Cause No. 19-cv-1418 into Cause No. 16-cv-0524;
13. September 21, 2020 Defendant Harvey LeMaster d/b/a Insurance Office of Montgomery’s
No-Evidence Motion for Summary Judgment filed in Cause No. 16-cv-0524;
14. October 16, 2020 Notice of Hearing filed in Cause No. 16-cv-0524;
15. December 7, 2020 Rosenberger’s and Roberts’ Joint Response to LeMaster’s No-Evidence
Summary Judgment Motion (with Exhibits 1-5) filed in Cause No. 16-cv-0524;
16. December 7, 2020 letter from counsel transmitting audio files as Exhibits 3 and 4 to the
summary judgment response filed in Cause No. 16-cv-0524;
17. December 10, 2020 Defendant Harvey LeMaster d/b/a Insurance Office of Montgomery’s
Objections to Plaintiff’s Summary Judgment Evidence and Reply to Response to No-Evidence
Motion for Summary Judgment filed in Cause No. 16-cv-0524;
18. December 29, 2020 Defendant Harvey LeMaster d/b/a Insurance Office of Montgomery’s
Motion to Sever filed in Cause No. 16-cv-0524;
19. January 12, 2021 Notice of Hearing filed in Cause No. 16-cv-0524;
20. January 28, 2021 Rosenberger’s Response to LeMaster’s Motion to Sever filed in Cause
No. 16-cv-0524;
21. January 28, 2021 Rosenberger’s Motion to Reconsider LeMaster’s No-Evidence Summary
Judgment Motion filed in Cause No. 16-cv-0524;
22. January 29, 2021 Agreed Judgment as to Plaintiff Ronald Roberts filed in Cause No. 16-
2
cv-0524;
23. February 3, 2021 Notice of Oral Hearing filed in Cause No. 16-cv-0524;
24. February 25, 2021 LeMaster’s Response to Rosenberger’s Motion to Reconsider
LeMaster’s No-Evidence Summary Judgment filed in Cause No. 16-cv-0524;
25. May 20, 2021 Order denying Rosenberger’s Motion to Reconsider filed in Cause No. 16-
cv-0524; and
26. May 20, 2021 Order Denying Rosenberger’s Objections and Exceptions filed in Cause No.
16-cv-0524.
Respectfully submitted,
By: /s/ David A. McDougald________
David A. McDougald
Texas Bar No. 13570525
4309 Yoakum Blvd., Suite 3000
Houston, Texas 77006
(713) 522-1177 – telephone
(888) 809-6793 – telecopier
david@davidmcdougaldlaw.com
ATTORNEY FOR ROSENBERGER
3
CERTIFICATE OF SERVICE
I certify that the foregoing instrument has been served in compliance with the Texas Rules
of Civil Procedure on September 7, 2021, by serving:
Randall G. Walters
Walters, Balido & Crane, L.L.P.
Meadow Park Tower, Suite 1500
10440 North Central Expressway
Dallas, Texas75231
Via email: randy.walters@wbclawfirm.com
and WaltersEDocsNotification@wbclawfirm.com
_/s/David McDougald_______________
David McDougald
4
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
David McDougald
Bar No. 13570525
david@davidmcdougaldlaw.com
Envelope ID: 57026165
Status as of 9/8/2021 8:15 AM CST
Associated Case Party: Harvey LeMaster
Name BarNumber Email TimestampSubmitted Status
Randall G.Walters WaltersEDocsNotification@wbclawfirm.com 9/7/2021 6:44:14 PM SENT
Associated Case Party: RobertKeltonRosenberger
Name BarNumber Email TimestampSubmitted Status
David AMcDougald david@davidmcdougaldlaw.com 9/7/2021 6:44:14 PM SENT
Document Filed Date
September 07, 2021
Case Filing Date
May 20, 2021
Category
Real Property - Other Real Property - Ownership/Title
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Preview
Filed: 9/7/2021 6:44 PM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 57026165 By: Shailja Dixit 9/8/2021 8:14 AM CAUSE NO. 16-cv-0524-A ALBERT J. HERNANDEZ, § IN THE DISTRICT COURT OF § Plaintiff, § § v. § GALVESTON COUNTY, TEXAS § WALDEN POND OWNERS § ASSOCIATION § § Defendant. § 405th JUDICIAL DISTRICT ROSENBERGER’S REQUEST FOR CLERK’S RECORD FOR APPEAL Pursuant to Rule 34.5 of the Texas Rules of Appellate Procedure, Plaintiff Robert Kelton Rosenberger (“Rosenberger”) requests that you prepare, certify, and file a Clerk’s Record in this cause in Case No. 14-21-00467-CV in the Fourteenth Court of Appeals in Houston, Texas, in the appeal from the trial court’s interlocutory partial summary judgment signed December 14, 2020, which became final when it was severed by order dated May 20, 2021. Each designated document shall be construed to include all exhibits and proposed orders or judgments (if any) accompanying each of these materials, including but not limited to the following documents: 1. August 7, 2019 Plaintiff’s Original Petition and Initial Discovery initially filed in Cause No. 19-CV-1418; 2. April 1, 2020 Defendant’s Original Answer and Jury Demand filed in Cause No. 19-CV- 1418; 3. The docket sheet for Cause No. 16-cv-0524-A; 4. The docket sheet for Cause No. 16-cv-0524; 5. The docket sheet for Cause No. 19-CV-1418; 6. December 14, 2020 partial, interlocutory summary judgment in Cause No. 16-cv-0524; 7. May 20, 2021 Order for Severance creating Cause No. 16-cv-0524-A; 8. June 21, 2021 Motion for New Trial in Cause No. 16-cv-0524-A; 9. August 18, 2021 Notice of Appeal; 10. This Request for Clerk’s Record for Appeal; 11. A certified bill of costs; 12. December 2, 2019 Order consolidating Cause No. 19-cv-1418 into Cause No. 16-cv-0524; 13. September 21, 2020 Defendant Harvey LeMaster d/b/a Insurance Office of Montgomery’s No-Evidence Motion for Summary Judgment filed in Cause No. 16-cv-0524; 14. October 16, 2020 Notice of Hearing filed in Cause No. 16-cv-0524; 15. December 7, 2020 Rosenberger’s and Roberts’ Joint Response to LeMaster’s No-Evidence Summary Judgment Motion (with Exhibits 1-5) filed in Cause No. 16-cv-0524; 16. December 7, 2020 letter from counsel transmitting audio files as Exhibits 3 and 4 to the summary judgment response filed in Cause No. 16-cv-0524; 17. December 10, 2020 Defendant Harvey LeMaster d/b/a Insurance Office of Montgomery’s Objections to Plaintiff’s Summary Judgment Evidence and Reply to Response to No-Evidence Motion for Summary Judgment filed in Cause No. 16-cv-0524; 18. December 29, 2020 Defendant Harvey LeMaster d/b/a Insurance Office of Montgomery’s Motion to Sever filed in Cause No. 16-cv-0524; 19. January 12, 2021 Notice of Hearing filed in Cause No. 16-cv-0524; 20. January 28, 2021 Rosenberger’s Response to LeMaster’s Motion to Sever filed in Cause No. 16-cv-0524; 21. January 28, 2021 Rosenberger’s Motion to Reconsider LeMaster’s No-Evidence Summary Judgment Motion filed in Cause No. 16-cv-0524; 22. January 29, 2021 Agreed Judgment as to Plaintiff Ronald Roberts filed in Cause No. 16- 2 cv-0524; 23. February 3, 2021 Notice of Oral Hearing filed in Cause No. 16-cv-0524; 24. February 25, 2021 LeMaster’s Response to Rosenberger’s Motion to Reconsider LeMaster’s No-Evidence Summary Judgment filed in Cause No. 16-cv-0524; 25. May 20, 2021 Order denying Rosenberger’s Motion to Reconsider filed in Cause No. 16- cv-0524; and 26. May 20, 2021 Order Denying Rosenberger’s Objections and Exceptions filed in Cause No. 16-cv-0524. Respectfully submitted, By: /s/ David A. McDougald________ David A. McDougald Texas Bar No. 13570525 4309 Yoakum Blvd., Suite 3000 Houston, Texas 77006 (713) 522-1177 – telephone (888) 809-6793 – telecopier david@davidmcdougaldlaw.com ATTORNEY FOR ROSENBERGER 3 CERTIFICATE OF SERVICE I certify that the foregoing instrument has been served in compliance with the Texas Rules of Civil Procedure on September 7, 2021, by serving: Randall G. Walters Walters, Balido & Crane, L.L.P. Meadow Park Tower, Suite 1500 10440 North Central Expressway Dallas, Texas75231 Via email: randy.walters@wbclawfirm.com and WaltersEDocsNotification@wbclawfirm.com _/s/David McDougald_______________ David McDougald 4 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. David McDougald Bar No. 13570525 david@davidmcdougaldlaw.com Envelope ID: 57026165 Status as of 9/8/2021 8:15 AM CST Associated Case Party: Harvey LeMaster Name BarNumber Email TimestampSubmitted Status Randall G.Walters WaltersEDocsNotification@wbclawfirm.com 9/7/2021 6:44:14 PM SENT Associated Case Party: RobertKeltonRosenberger Name BarNumber Email TimestampSubmitted Status David AMcDougald david@davidmcdougaldlaw.com 9/7/2021 6:44:14 PM SENT