Guy Sparkman v. Microsoft Corporation, SupportSpace, Inc. as Agent for Microsoft Corp., Omar Franco, as Agent for Microsoft Corp. and Robert Doe, as Agent for Microsoft Corp. and Karen Phillips

FILED IN COURT OF APPEALS 12th Court '•' toe :.r 0 strict I NO. 12-13-00175-GV

IN THE COURT OF APPEALS 12th. COURT OF APPEALS DISTRICT AT TYLER, TEXAS

GUY SPARKMAN, PLAINTIFF/ THIRD PARTY DEFENDANT APPELLANT VS. Karen Phillips, Smith County Clerk, Intervener Third Party, Plaintiff And Microsoft Corporation; Support Space, Inc. as agent for Microsoft Corp.; Omar Franco, as agent for Microsoft Corp. And Robert Doe, as agent for Microsoft Corp. Defendants

APPELLEES

ON APPEAL FROM COUNTY COURT AT LAW NO 2 SMITH COUNTY, TEXAS TRIAL CASE NO. 60, 671-A

APPELLANT'S MOTION FOR REHEARING ON COURT'S MARCH 18,2015 JUDGMENT

Guy Sparkman, Pro Se 420 Haden St. Tyler, Texas 75701 No Phone Email: gysparkman@yahoo.com

TABLE OF CONTENTS

TABLE OF AUTHORITIES ii, m

POINTS FOR REHEARING

1. There Court's Memorandum opinion andjudgment demonstrate the Court has made a clear, manifest and substantial error oflaw; and , the error is of such importance to the jurisprudence ofthe state that, in the opinion ofthe supreme court, it requires correction. Re. Texas Government Code Title 2, Subtitle A. Chapter 22 Subchapter A, Section 22,001 (6) 2. The Court's memorandum andjudgment involves the constructions of a statute,

(a). Clearly, the Court has made a substantial error in its construction of Tex. Civ. Prac. & Rem Code. 11.051 et seq.. Therefore, it requires reconsideration and

correction (b) The error ofconstruction violated Appellants Equal Protection ofthe protected right to file lawsuits that may be unsuccessful. 3. The appeal involves fundamental constitutional issues. The Court's memorandum opinion and Appellant's brief demonstrate the Court violated Appellant's Due. Process and Equal Protection Rights. Therefore, the memorandum opinion and

judgment require reconsideration and correction. i

4. The memorandum opinion and judgment undermine the Public's faith, trust and confidence in the court's memorandum Opinions and judgments. 5. There Memorandum Opinion makes numerous erroneous statements of controlling and dispositive facts and law;

INTRODUCTION AND SUMMARY OF ARGUMENT 2, 3.

ARGUMENT AND AUTHORITIES 3-14

CONCLUSIONAND PRAYER 14,15

CERTIFICATE OF SERVICE 15.

TABLE OF AUTHORITIES

Armstrong v. Manzo 380 U.S. 545, 552, 85 S. Ct. 1187,1191,1191,14 L. ed 2d 62, 66 14

BE&K Const Co. v. NLRB, 536 U.S. 516 9,11,12

Creel v. District Attorney for Medina County, 818 S. W. 2d 45, 46 (Tex 1919) 13

Equitable Gen. Ins. Co. V. Yates 684 S. W. 2d 669, 671 (Tex. 1984) 13

Griffin V. Breckenridge, 403 U.S. 88,102 (1971) 3

HAINES V. KERNER, 404 U.S. 519 (1972) 1

ii

HUGHES V. ROWE 449 U.S 5,1980 (1980) L Jackson Walker, L.L.P, 247 S. W 3d HN 35 n

Martin v. Martin, Martin & Richards, Inc. 989 S. W. 2d 357, 359 (Tex. 1998 13

Maty v. Grasselli Chemical Co. 303 U.S. 197 (1938) l Mine Workers v. Illinois Bar Assn., 389 U. S. 217, 222 (1967) 12

Mullanev. Central Hanover Tr. Co. 339 U.S. 306, at313" 15

Murphy v. State 95 S. W. 3d 317, 320 (Tex. App-Houston) 4

Olmsted v. United States 277 U.S. 438 (1928) x

Sax V. Votteler, 648 S. W. 2d 661, 664 12

Wilson v. State, 977 S. W. 2d 379, 380 n. 3 (Tex. Crim. App 1998) 4

U.S. v. Throckmorton, 98U.S.61 4

in

TO THE HONORABLE JUSTICES OF COURT OF APPEALS FOR THE 12th DISTRICT OF TEXAS:

Appellant files this compelling Motion for Rehearing requesting rehearing reconsideration of the Memorandum Opinion and Judgment issued in this appeal, on March. 18, 2015 and respectfully shows the Court as follows:

PRO SE LITIGANTS

" A pros se complaint, however in artfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers and can only be dismissed for failure to state a claim if it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief

HAINES V. KERNER, 404 U.S. 519 (1972), HUGHES V. ROWE 449 U.S 5,1980 (1980)

" Pleadings are intended to serve as a means of arriving at fair and just settlements of controversies between litigants. They should not raise barriers which prevent the achievement of that end. " Maty v. Grasselli Chemical Co. 303 U.S. 197 (1938)

Crime is contagious, If the Government becomes a lawbreaker, it contempt for law; it invites every man to become a law unto himself; it invito^ anarchy." Olmsted v. United States 277 U.S. 438 (1928)

1.

INTRODUCTION AND SUMMARY OF ARGUMENT

Clearly , rehearing is appropriate in this important litigation involving fundamental and inalienable constitutional rights important to the People of Texas. By this Motion for Rehearing, Appellant respectfully asks the Court to revisit its memorandum opinion and judgment. Rehearing is appropriate inthis utmost important case involving fundamental constitutional rights, privileges and immunities of the people of Texas

CLEARLY

The Court's Opinion and judgment requires correction through reconsideration. This case involves fundamental constitutional questions of the utmost importance to the people ofTexas, especially persons who elect to exercise their right to effective and meaningful access to the courts without the assistance of a licensed attorney.

THEREFORE

It is crucial that the Court thoroughly and correctly address each of the issues

presented to the Court. Plainly the opinion does not address all ofthe arguments 2.

and authorities presented by Appellant's brief. This irrefutable fact violates Plaintiffsfundamental and inalienable right to due process and equal protection rights guaranteed and protected by the Constitution of the United States and the State of Texas Appellant respectfully moves for rehearing. By this Motion for Rehearing, Appellant asks the Court to revisit its decision to affirm the Trial Courts judgment.

VIOLATION OF EQUAL PROTECTION AND DUE PROCESS Clearly, the memorandum opinion and judgment violates Appellant's due process

and equal protection rights. This denial ofequal protection ofthe laws and denial of due process was clearly the product ofclass based bias and prejudice against pro se litigants . See Griffin V. Breckenridge, 403 U.S. 88, 102 (1971)

ARGUMENT AND AUTHORITIES JUDGE KNIZE'S AUTHORITY TO ACT AS TRIAL JUDGE

Order of Recusal: The Memorandum Opinion does not address the issue that Judge Roger's Order

of Recusal was based on a manifestly false and fraudulent statement of the 3.

controlling fact. Therefore, as a matter oflaw, the Order ofRecusal was VOID The memorandum opinion's failure to address this controlling issue violates Appellant's due process right and the equal protection ofthe clearly established law that: FRAUD VITIATES EVERY THING IT TOUCHES, "even judgments" Re ; U.S. v. Throckmorton, 98 U.S. 61 Oath of Office for Judge Sitting bv Assignment The law is clearly established that the issue ofoath ofoffice can be raised for the

first time on appeal. See Murphy v. State 95 S. W. 3d 317, 320 (Tex. App- Houston)

"Although appellant did not raise this issue in the trial court, a challenge to a trialjudges' legal qualifications may be raised thefirst time on appeal citing Wilson v. State, 977S. W. 2d379, 380 n. 3 (Tex. Crim. App 1998)

Appellant was not aware ofthe fact that Judge Knize had not been administered the oath required by the Texas Constitution and the Texas Government Code . until he began research for this appeal. The people ofTexas have the right to assume their public officials and judges to uphold the law.

The Texas Government Code Sec. 25.0018 RECORD, states: 4.

"When a retired orformer judge is appointed asa visitingjudge, the clerk shall enter in the administrativefile as apart of the proceedings in the case a record that gives the visitingjudge's name and shows that: (1) thejudge ofthe court was disqualified, absent, or disabled to try the cause. (2) the visitingjudgewas appointed; and (3) the oath ofofficeprescribed by lawfor aretired orformerjudge who is appointed as a visitingjudge was duly administered to the visitingjudge andfiled with the regionaljudge."

When appellant requested the clerk's office to see the administrative file, the deputy clerk and the clerkstated they did nothave or maintain an

administrative file. THE

CLEARLY ESTABLISHED LAW

The law is clearly established that a litigant may raise this issue for the first time on appeal. SEE, Murphy v. State, supra The citizens of Texas have not only the right; but, the duty to hold their public officials accountable for the blatant violations of their official duties and responsibilities imposed by law!

CONSTITUTIONALITY OF THE VEXATIOUS LITIGANT STATUTE

Pages 16 thru 23 ofAppellant's Briefare included herein by reference thereto as 5.

though they were repeated herein word for word. The authorities identified i n these pages must be considered in conjunction with the authorities cited in this document

FIRST

The statute is unconstitutional and manifestly void on its face or as applied to Appellant; because, by its terms it always operates unconstitutionally; because

it significantly abridges and chills pro se litigant's fundamental right to

petition the courts, even thought the petition may be unsuccessful.

FURTHERMORE

(1) The memorandum opinion and judgment violate Appellant's due process rights; because, it does not address each of the arguments and authorities presented and relied on in Appellant's Brief. (2) The memorandum opinion violates Appellant's Equal Protection rights; Because, it does not give Appellant the benefit of the clearly established law as mandated by the Supreme Count and authorities cited on those pages.

(3) Therefore, the judgement of the Court is VOID, as a matter of law. 6.

SECOND: The memorandum opinion states that Appellant does not have the right to file frivolous litigation. The issues in this appeal do not concern "frivolous litigation". Plainly, they concern the fundamental and protected right to petition the courts even though the litigation may be unsuccessful! See, BE&K Const Co. v. NLRB, 536 U.S. 516 Therefore, the memorandum's numerous statements that "frivolous litigation" is not protected litigation; and the briefing offrivolous litigation is patently misleading, deceptive, irrelevant and not applicable to the dispositive issues before the court. I.e.,

" Moreover, as set forth previously, there is no constitutional right to file frivolous litigation. See Retzaff, 356 S. W. 3d at 704. Therefore we conclude that Chapter 11 is not overbroad because it does not include protected conduct within its prohibitions.".

Ref. page 8 ofmemorandum opinion. This misleads and deceives the court about the real issue.

CIVIL PRACTICE AND REMEDIES CODE

CHAPTER 11. VEXATIOUS LITIGANTS

Sec. 11.054. CRITERIA FOR FINDING PLAINTIFF A VEXATIOUS LITIGANT. A court may find a plaintiff a vexatious litigant if the defendant shows that there is not a reasonable probability that the plaintiff will prevail in the litigation against the defendant and that: (1) the plaintiff, in the seven-year period immediately preceding the date the defendant makes the motion under Section 11.051, has commenced, prosecuted, or maintained at least five litigations as a pro se litigant other than in a small claims court that have been:

(A) finally determined adversely to the plaintiff; (B) permitted to remain pending at least two years without having been brought to trial or hearing; or (C) determined by a trial or appellate court to be frivolous or groundless under state or federal laws or rules of procedure;

(2) after a litigation has been finally determined against the plaintiff, the plaintiffrepeatedly relitigates or attempts to retitigate, pro se, either: (A) the validity ofthe determination against the same defendant as to whom the litigation was finally determined; or (B) the cause of action, claim, controversy, or any of the issues of fact or law determined or concluded by the fmal determination against the same defendant as to whom the litigation was finally determined; or (3) the plaintiff has previously been declared to be a vexatious litigant by a state or federal court in an. action or proceeding based on the same or substantially similar facts, transition, or.occurrence.

Added by Acts 1997, 75th Leg., ch. 806, Sec. 1, eff. Sept 1,1997. Amended by:

Acts 2013, 83rd Leg., R.S., Cb. 1224 (S.B. 1630), Sec. 3, eff. September 1, 2013.

8.

THE STATUTE PROHIBITS PROTECTED CONDUCT AND FUNDAMENTAL RIGHTS ON ITS FACE

Clearly, the statute ABRIDGES unsuccessful lawsuits that are protected by the Constitution of the United States and the State of Texas.

THE ISSUE IS WHETHER THE PEOPLE OF THE UNITED STATES HAVE THE CONSTITUTIONALLY GUARANTEED RIGHT TO PETITION THE COURTS EVEN THOUGH THE LAWSUIT MAY BE UNSUCCESSFUL?

The First Amendment of Constitution of the United States says nothing about

successful petitions. See, BE&K Const Co. v. NLRB, 536 U.S. 516 "The First Amendment provides, in relevant part, that "Congress shall make no law... abridging,., the right of the people... to petition the Governmentfor a redress ofgrievances." We have recognized this right to petition as one of "the mostprecious ofthe liberties safeguarded by the Bill ofMights," Mine Workers v. Illinois BmAssn., 389 v s 217, 222 (1967), and have explained that the right is implied by "ftjhe very idea ofagovernment, republican inform," United States v. Cruikshank, 92 U. S. 542, 552 (1876). "

ADDITIONALLY

'^Second, even unsuccessful but reasonably based suits advance some First Amendment interests. Like successful suits, unsuccessful suits allow the " public airing of disputedfacts^ "Bill Johnson's, supra, at 743 (quoting Balmer, Sham Litigation and the Antitrust Law, 29 Buffalo L. Rev. 39, 60 (1980)), and raise matters ofpublic concern. They also promote the evolution ofthe law by supporting the development oflegal theories that may not gain acceptance the first time around Moreover, the ability to lawfully prosecute even unsuccessful suits adds legitimacy to the court system as a designated alternative to force. See Andrews, A Right ofAccess to Court Under the Petition Clause ofthe First Amendment: Defining the Right, 60 Ohio St L. J. 557, 656 (1999) (noting the potentialfor avoiding violence by the filing of unsuccessful claims)"

PLAINLY

The Supreme Court has mandated that the right to petition the courts, includes the right to file unsuccessful lawsuits!!

HOWEVER

Texas Civil Practices and Remedies Code Texas Civil Practices Chapter 11 states in relevant and controlling part:

"Sec. 11.054 CRITERIA FOR FINDING A PLAINTIFF A VEXATIOUS LITIGANT. A court mayfind a plaintiffa vexatious litigant ifthe defendant shows that there is not a reasonable probability that theplaintiff willprevailin the litigation against the defendant and that:

(1) the plaintiff, in the seven-yearperiod immediately preceding the date the defendant makes the motion under Section 11.051, hascommence, prosecuted, or maintained at leastfive litigations as a pro se litigant other than in a small claims court that have been : A.finally determine adversely to theplaintiff. "

Sec. 11.001 DEFINITIONS.

(5) "Plaintiff' means an individual who commences or maintains a litigation pro se'i

Sec. 11.002 APPLICABILITY. (A) This chapter does not apply to an attorney licensed to practice law in this state unless the attorney proceeds pro se. " Plainly, honest, reasonable and unbiased persons trained in the law can see that the foregoing provisions of the statute violate the First Amendment rights as

determined by the Supreme Court of the United States; therefore, void on 10.

their face and as applied to Appellant. Equal Protection- Discrimination Against Pro Se Litigants The memorandum opinion states :

"We nextconsider Sparkman's general contention that Chapter 11 discriminates againstpro se litigants. In so doing, wefirst note that the statute does not state it applies only topro se litigants "

The statute demonstrates that this a manifestly erroneous statement of a material and controlling fact Therefore the Court should reconsider the holding.

"Under the 14th Amendment ofthe U.S. Constitution and Texas Constitution art 1, §3, allperson similarly situated should be treated alike. The general rule is that legislation ispresumed to be valid andwillbesustained iftheclassification drawn by thestatute is rationally to a legitimate state interest, unless thestatute discriminates against a suspect class." Jackson Walker, L.L.P, 247 S. W3dHN 35

STRICT SCRUTINY

The law is clearly established that the courts must apply strict scrutiny when a fundamental constitutional right is infringed, particularly those found in the Bill of Rights and those the Supreme Court has deemed a fundamental right protected by the Due Process Clause or the Liberty Clause of the 14th Amendment. In BE&K Construction Co v. NLRB , 536 U.S. 516 (2001) the Supreme Court held:

11.

"The FirstAmendment provides, in relevantpart, that "Congress shall make no law... abridging... the right ofthepeople... topetition the Governmentfor a redress ofgrievances." We have recognized this right topetition as one of "the mostprecious ofthe liberties safeguarded by the Bill ofRights," Mine Workers v. Illinois Bar Assn., 389 jj s 217, 222 (1967), and have explained that the right is implied by "ft/he very idea ofa government, republican inform," United States v. Cruikshank, 92 U. S. 542, 552 (1876). "

This court did not apply strict scrutiny in its evaluation of the constitutionality of Tex. Civ. Prac. & Rem. Code 11. 051 et seq. Therefore, the Court have violated Appellant's Due Process and Equal Protection Rights. Consequently the memorandum opinion and judgment are void as a matter of law.

INESCAPABLE CONCLUSION

The memorandum opinion and judgment are unconstitutional and therefore void; because, the Court violated Appellants Due Process and Equal Protection rights.

Unconstitutionally Vague or Overbroad: The memorandum opinion states: "Therefore, we conclude that Chapter 11 is not overbroad because it does not include protected conduct within it prohibitions. " This is a manifestly erroneous and arbitrary conclusion. The law is clearly established that filing unsuccessful lawsuits is protected conduct. See, BE&K Const. Co. v. NLRB, 536 U.S. 516

Arbitrary The memorandum cites as authority Sax V. Votteler, 648 S. W. 2d 661, 664 (Tex. 1983). Sax holds: 12.

"HN 6. Texas Const Art 1 § 13 ensures that Texas citizens bringing common law causes ofaction willnotbe unreasonably be denied access to the court"

"HN7. A statute or ordinance that unreasonably abridges ajusticable right to obtain redressfor injuries causedby the wrongful acts ofanother amounts to a denial ofdue process under Tex. Const art 1 § 13, and is, therefore, void."

INDIGENCY FINDINGS

The memorandum states: "Despite Sparkman's assertion the record reflects that Phillipsfiled a contest to the affidavit" The trial court's "Case Summary" demonstrates this to be an erroneous statement of the controlling fact. Exhibit A. A contest of the affidavit must filed before the first hearing by the trial court. "An uncontested affidavit ofinability topay is conclusive as a matter oflaw." Equitable Gen. Ins. Co. V. Yates 684 S. W. 2d 669, 671 (Tex. 1984)

FAILURE TO CONDUCT HEARING ON MOTION TO DISMISS

The Court's finding on this issue is clearly and manifestly misleading, deceptive and erroneous. The Court erroneously relies on Martin v. Martin, Martin & Richards, Inc. 989 S. W. 2d 357, 359 (Tex. 1998. That case is not relevant or applicable to the facts and issues in this case. Furthermore, The Court reversed that case! The Court failed to consider the controlling case cited by the Appellant: Creel v. District Attorney for Medina County, 818 S W. 2d 45, 46 (Tex 1919). *14 The Texas Supreme Court in Creel Stated:

"The dispositive issue in this case is whether it was adenial ofdueprocessfor the trial court to summarily dismiss Creel's petition absent either notice or a hearing. HN2 Fundamental requirements ofdue process demand an opportunity to be heard Armstrong v. Manzo 380 U.S. 545, 552, 85 S. Ct 1187,1191,1191,14 L. ed 2d 62, 66."

The Supreme Court in Armstrong v. Manzo held: "Many controversies have been raged about the cryptic and abstract words ofthe DueProcess Clause but there can be no doubt that ata minimum they require thatt deprivation oflife, liberty orproperty by adjudication bepreceded by notice and opportunityfor hearing appropriate to the nature ofthe case" Mullane v. Central Hanover Tr. Co. 339 U.S. 306, at 313"

It is well settled that lawsuits are property. Therefore, the Court's decision on this issue violated Appellant's Due Process and Equal Protections rights. Therefore, the ruling is void as a matter of law.

CONCLUSION AND PRAYER

Appellant respectfully requests the Court grant this Motion for Reconsideration and reverse the trial Court decision.

For all the foregoing compelling reasons and in the interest ofthe Constitution, Due Process and Equal Protection rehearmg and reconsideration is warranted

and necessary for the validity ofthe Court's judgment and the Public faith, trust and confidence in the judiciary, the judicial_processes and the administration of

justice in Smith County, Texas

420 Haden St. Tyler. Texas 75701 No phone Email: gysparkman @yahoo.com

TFRTTFTCATE OF SERVICE

Ihereby certify that on April 1, 2015 I hand delivered atrue copy of tlus Motion For Rehearing to the office ofthe attorney for the Defendant.

Guy ISparkman

County Court at Law 2

Case Summary

GUY SPARKMAN vs. MICROSOFT CORPORATION; Case No. 60,671-A § Location: A County Court at Law 2 SUPPORTSPACE, IN. AS AGENT FOR MICROSOFT § Judicial Officer: Rogers, Randall L CORP.; OMAR FRANCO, AS AGENT FOR § Filed on: 03/20/2012 MICROSOFT CORP. AND ROBERT DOE, AS AGENT § Track Number: 251578 FOR MICROSOFT CORP. §

Case Information

Statistical Closures Case Type: Contract - Other 05/08/2013 Case Dismissed by Plaintiff (OCA) Case 05/08/2013 Disposed Status: 03/20/2012 Filed

DATE Case assignment

Current Case Assignment Case Number 60,671-A Court County Court at Law 2 Date Assigned 03/20/2012 Judicial Officer Rogers, Randall L

PARTY INFORMATION

Lead Attorneys Plaintiff SPARKMAN, GUY ProSe 420 HADEN STREET TYLER, TX 75701

Defendant MICROSOFT CORPORATION AINSWORTH, JENNIFER P. Retained 903-509-5091(F) 903-509-5000(W) 909 ESE LOOP 323, SUITE 400 P.O. BOX7339 TYLER, TX 75711 JAINSWORTH@WILSONLAWFIRM.COM

OMAR FRANCO AS AGENT FOR MICROSOFT CORP

ROBERT DOE, AS AGENT FOR MICROSOFT CORP

SUPPORTSPACE, INC.

Date Events & Orders of the Court

EVENTS 03/20/2012 Jury Trial Request

03/20/2012 Q Original Petition (OCA) 03/20/2012 Qj Civil Case Information Sheet

03/20/2012 QJ Affidavit

04/05/2012 SI Affidavit 04/09/2012 yj Memorandum TRUE AND CORRECT COPYOFORIGINAL 04/18/2012 FILED IN SMITH COUNTY CLERK'S OFFICE

PAGE 1 OF 3. Printed on 03/31/2015 at 12:30 PM

County Court at Law 2

Case Summary Case No. 60,671-A yj Request 04/20/2012 yj Memorandum 06/05/2012 Citation Issued by Certified Mail

06/15/2012 QJ Green Card Returned 06/18/2012 QJ Motion to Dismiss

06/20/2012 S3RESPONSE 06/20/2012 CLJ Order of Recusal

06/21/2012 yj Motion

06/21/2012 S3 RESPONSE 06/25/2012 yj Motion

06/27/2012 £3 Plea 06/29/2012 yj Original Answer

07/17/2012 yj Order 09/14/2012 Notice

09/14/2012 Qu Correspondence 09/17/2012 yj Motion

09/20/2012 S3 Docket Sheet 09/24/2012 Transfer Sent

09/25/2012 yj Response

09/27/2012 S3 Motion 10/02/2012 S3 RESPONSE 10/05/2012 QJ Motion To Strike

11/13/2012 y j Motion 11/15/2012 yj Notice of Setting 01/03/2013 %U Response

01/14/2013 fi] Brief 01/14/2013 yj Memorandum

01/15/2013 S3 Brief 01/16/2013 Q Motion To Strike 01/18/2013 yj Request

01/22/2013 yj Supplement 02/14/2013 SJ Order Denying

02/14/2013 S3Order 02/14/2013 QJ Order Denying TRUE AND CORRECT WKtfBiCOPY OF ORIGINAL 02/22/2013 Certified Copy «X») filed IN SMITH COUNTY CLERK'S OFFICE

PAGE 2 OF 3 Printed on 03/31/2015 at 12:30 PM

County Court at Law 2

Case Summary Case No. 60,671-A 02/25/2013 yj Request for Findings of Fact and Conclusions of Law

02/26/2013 yj Request for Findings of Fact and Conclusions of Law 03/04/2013 yj Motion to Withdraw 03/04/2013 QJ Notice of Submission

03/28/2013 yj Supplemental Petition 04/02/2013 QJ Motion to Dismiss

04/08/2013 S3 RESPONSE 04/11/2013 yj Letter

04/26/2013 yj Receipt

04/29/2013 yj Miscellaneous 05/08/2013 EVENT

05/08/2013 Case Disposed

05/09/2013 Sj Docket Sheet 05/30/2013 yj Notice of Appeal

05/31/2013 yj Designation

06/05/2013 yj Letter 06/10/2013 Miscellaneous

07/17/2013 yj Correspondence 08/07/2013 yj Correspondence

08/09/2013 QJ Correspondence 08/27/2013 yj Correspondence

03/19/2015 yj Correspondence

HEARINGS 01/08/2013 All Pending Motions (10:00 AM) (Judicial Officer: Rogers, Randall L) Date Financial Information

Plaintiff SPARKMAN, GUY Total Charges 315.00 Total Payments and Credits 0.00 Balance Due as of 3/31/2015 315.00

^^HEAND CORRECT MlC0PYOF ORIGINAL • 7FILED IN SMITH COUNTY CLERK'S OFFICE

PAGE 3 OF 3 Printed on 03/31/2015 at 12:30 PM

CERTIFICATION OF CIVIL PROCEEDINGS

THE STATE OF TEXAS

COUNTY OF SMITH

I, KAREN PHILLIPS. CLERK OF THE COUNTY COURT AT LAW 2 OF SMITH COUNTY, TEXAS, DO HEREBY CERTIFY THAT THE FOREGOING ARE TRUE AND CORRECT COPIES OF THE FOLLOWING LISTED CIVIL PROCEEDINGS TO -WIT:

CASE SUMMARY

STYLED: GUY SPARKMAN VS. MICROSOFT CORPORATION; SUPPORTSPACE, IN. AS AGENT FOR MICROSOFT CORP.; OMAR FRANCO, AS AGENT FOR MICROSOFT CORP. AND ROBERT DOE, AS AGENT FOR MICROSOFT CORP.

FILED IN COUNTY COURT AT LAW 2, CAUSE NO. 60,671-A, SMITH COUNTY, TEXAS, AS THE SAME APPEARS FROM THE ORIGINALS NOW ON FILE IN THE CIVIL DEPARTMENT SMITH COUNTY CLERK'S OFFICE. SMITH COUNTY. TEXAS.

GIVEN UNDER MY HAND AND SEAL OF OFFICE THE 31ST DAY OF MARCH, 2015.

Karen Philligs, County Clerk Texas

ette Holmes, Deputy

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