Albert Lutterodt v. Emily Lane Owners Association, Inc.

Court of Appeals of Texas·Decided June 30, 2015·No. 05-14-01329-CV·Published

Opinion

Order entered June 25, 2015

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-14-01329-CV

ALBERT LUTTERODT, Appellant V.

EMILY LANE OWNERS ASSOCIATION, INC., Appellee

On Appeal from the 134th Judicial District Court Dallas County, Texas

Trial Court Cause No. DC-12-12648-G

ORDER

We REINSTATE this appeal, which was abated to allow the trial court an opportunity to

conduct a hearing and make certain findings regarding payment of court reporter Vielica Dobbins’s fees for the record of the exhibits. Pursuant to our abatement order, the trial court made the following relevant findings:

•The amount of Ms. Dobbins’s fees is $2,000.00.

•Ms. Dobbins’s agreed to accept payment of her fee in installments.

•To date, $1,000.00 has been paid for the record of the exhibits.

•Ms. Dobbins and [appellant’s counsel] agreed . . . that $1,000.00 is owed and [appellant] would pay $500.00 on June 15, 2015 and $500 on July 15, 2015.

We ADOPT these findings and ORDER Ms. Dobbins to file, no later than July 24, 2015, either (1) the record of the exhibits or (2) written verification that her fee has not been paid in full and the amount still owed.

Because the supplemental clerk’s record containing the requested findings has been filed, we DENY as moot Dallas County District Clerk Felicia Pitre’s June 22, 2015 request for extension of time to file the supplemental clerk’s record.

We DIRECT the Clerk of the Court to send a copy of this order to Ms. Dobbins and the parties.

/s/ CRAIG STODDART

JUSTICE

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Albert Lutterodt v. Emily Lane Owners Association, Inc., (Tex. Ct. App. 2015).

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