C.A.U.S.E. (A Texas Unincorporated Nonprofit Association) v. Village Green Homeowners Association, Inc.

• Court: Court of Appeals of Texas
• Decided: August 30, 2016
• Docket: 04-16-00329-CV
• Status: Published

Opinion

ACCEPTED 04-16-00329-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 8/30/2016 11:43:35 AM KEITH HOTTLE CLERK

Weber CHRISTOPHERJ. WEBER

Christopher J. A Li/n/[ed I./‘ab/I/'1y Company Licensed in Texas and Illinois e-mail: cweber@|ogcabin|aw.oom

THOMAS L. PLACIER Attorneys at Law FILED Licensed in Texas 4th COURT OF IN e-mail: tpIacier@Iogcabinlaw.oom APPEALS 9150 Dietz-Elkhorn Road SAN ANTONIO, TEXAS Fair Oaks Ranch, Texas 78015-4904 SHANNON L. GREENAN 210-892-3176 Telephone 08/30/2016 Licensed in Texas 11:43:35 AM 830-981-9160 Teleeopier e-mail: sgreenan@logcabinlaw.com KEITH E. HOTTLE Clerk

August 30, 2016

The Honorable Donna Kay McKinney Via E-Service Bexar County District Clerk Attn: CIVIL APPEALS Paul Elizondo Tower 101 W. Nueva St., Ste. 217 San Antonio, Texas 78205

Re: Cause No. 2015-CI-13299; C.A. U.S.E., (A Texas Unincorporated Nonprofit Association) v. Village Green Homeowners Association, Inc.; In the 45"‘ Judicial

District Court of Bexar County, Texas

Request for Correcting the Clerk’s Record for Court of Appeals Number 04-16-00329-CV

Dear Ms. McKinney:

On or about June 7, 2016, Plaintiff submitted a request for the Clerk’s Record to be prepared and submitted to the Fourth Court of Appeals, in congruence with TRAP 34.5(a).

Therein, Plaintiff sought the following, amongst other items:

10. Plaintiff C.A.U.S.E.’sMotion for Determination of Law Pursuant to Rules 175 and 248 of the Texas Rules of Civil Procedure and/or Alternatively Traditional Motion for Partial Summary Judgment, filed 2/23/2016; AND 13. Plaintiff C.A.U.S.E.’s Response to Defendant Village Green Homeowners Association, Inc. ’s Traditional Motion for Final Summary Judgment, filed 3/7/2016.

Plaintiff also specifically requests that “all exhibits filed with the afore-referenced items be included as a part of the Clerk’s Record as well”.

In a recent review of the Clerk’ s Record that was submitted to the Fourth Court of Appeals, the following exhibits are missing from the afore-referenced requested items: 1. For Item 10, Exhibit SC (and the exhibits thereto, i.e. ‘A’ through ‘D’) is missing. This Exhibit 5C should have been after Exhibit SB and before Exhibit 6, which would equate with Record Page 3 89. Instead, there is a letter dated/filed on February 23, 2016, demonstrating a continuation of the exhibits. Exhibit 5C is 30 pages in The Honorable Donna Kay McKinney August 30, 2016 Page 2 of 2

length.

2. For Item 13, Exhibits ‘A’ through ‘D’), 6,7,8,9 (and 5C (and the exhibits thereto, i.e. the exhibits thereto, i.e. 9(a) through 9(t)), and 10 (and exhibit 10(a)) are entirely missing. Exhibit 5C is 30 pages in length. Exhibit 6 is 11 pages in length. Exhibit 7 is 20 pages in length. Exhibit 8 is 3 pages in length. Exhibit 9 is 35 pages in length. Exhibit 10 is 7 pages in length.

Plaintiff is requesting that the Clerk’s Record be supplemented with a complete and accurate version of Item 10 and Item 13 as delineated above, with all Exhibits included in their entirety, as soon as possible. These Items, in their entirety, with all exhibits attached, are necessary and integral to the appeal.

This request for corrections/supplementation to the Clerk’s Record is made pursuant to TRAP 34.5(b), (c), (d) and 35.3. Please notify Mr. Weber of any additional costs associated with the corrections/supplementation of the Clerk’s Record so that arrangements can be made to pay for same, as appropriate.

If there are any questions related to the foregoing, please contact Mr. Weber.

Very truly yours,

Shannon Greenan /s/ Sharmon Greenan

cc: Clerk, Fourth Court of Appeals Via E—Service/210-335-2762

Shavonne L. Smith Via E-Service Counsel for Defendant/Appellee