Earl Harper & Southwest Capital Group, Inc. v. CR-FED, LLC (Aka Credito Real Business Capital)

Court of Appeals of Texas

Earl Harper & Southwest Capital Group, Inc. v. CR-FED, LLC (Aka Credito Real Business Capital)

DecidedJune 7, 2021

Docket04-21-00212-CV

StatusPublished

This text of Earl Harper & Southwest Capital Group, Inc. v. CR-FED, LLC (Aka Credito Real Business Capital) (Earl Harper & Southwest Capital Group, Inc. v. CR-FED, LLC (Aka Credito Real Business Capital)) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Earl Harper & Southwest Capital Group, Inc. v. CR-FED, LLC (Aka Credito Real Business Capital), (Tex. Ct. App. 2021).

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Opinion

Fourth Court of Appeals San Antonio, Texas June 7, 2021

No. 04-21-00212-CV

Earl HARPER & Southwest Capital Group, Inc., Appellant

v.

CR-FED, LLC (aka Credito Real Business Capital), Appellee

From the 438th Judicial District Court, Bexar County, Texas Trial Court No. 2020CI23243 Honorable Laura Salinas, Judge Presiding

ORDER The trial court clerk has filed a clerk’s record. However, the clerk’s record does not comply with Texas Rule of Appellate Procedure 34.5(a), which lists the documents that must be included in the clerk’s record “[u]nless the parties designate the filings in the appellate record by agreement under Rule 34.2.” TEX. R. APP. P. 34.5. Rule 34.5(a) provides that in civil cases, the documents to be included in the clerk’s record are the following:

(1) all pleadings on which the trial was held; (2) the court’s docket sheet, (3) the court’s charge and the jury’s verdict, or the court’s findings of fact and conclusions of law; (4) the court’s judgment or other order that is being appealed; (5) any request for findings of fact and conclusions of law, any post- judgment motion, and the court’s order on the motion; (6) the notice of appeal; (7) any formal bill of exception; (8) any request for a reporter’s record, including any statement of points or issues under Texas Rule of Appellate Procedure 34.6(c); (9) any request for preparation of the clerk’s record; (10) a certified bill of costs including the cost of preparing the clerk’s record, showing credits for payments made; and (11) any filing that a party designates to have included in the record. In this appeal, appellant appeals the trial court’s order denying his motion to dismiss under the TCPA. However, the clerk’s record does not contain all pleadings relating to this order. For example, the plaintiff’s live petition is not included in the clerk’s record.

Therefore, we ORDER the trial court clerk to file a supplemental clerk’s record that complies with Texas Rule of Appellate Procedure 34.5(a) on or before June 17, 2021.

_________________________________ Liza A. Rodriguez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 7th day of June, 2021.

___________________________________ Michael A. Cruz, Clerk of Court

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Fourth Court of Appeals San Antonio, Texas June 7, 2021

No. 04-21-00212-CV

Earl HARPER & Southwest Capital Group, Inc., Appellant

v.

CR-FED, LLC (aka Credito Real Business Capital), Appellee

From the 438th Judicial District Court, Bexar County, Texas Trial Court No. 2020CI23243 Honorable Laura Salinas, Judge Presiding

ORDER The trial court clerk has filed a clerk’s record. However, the clerk’s record does not comply with Texas Rule of Appellate Procedure 34.5(a), which lists the documents that must be included in the clerk’s record “[u]nless the parties designate the filings in the appellate record by agreement under Rule 34.2.” TEX. R. APP. P. 34.5. Rule 34.5(a) provides that in civil cases, the documents to be included in the clerk’s record are the following:

(1) all pleadings on which the trial was held; (2) the court’s docket sheet, (3) the court’s charge and the jury’s verdict, or the court’s findings of fact and conclusions of law; (4) the court’s judgment or other order that is being appealed; (5) any request for findings of fact and conclusions of law, any post- judgment motion, and the court’s order on the motion; (6) the notice of appeal; (7) any formal bill of exception; (8) any request for a reporter’s record, including any statement of points or issues under Texas Rule of Appellate Procedure 34.6(c); (9) any request for preparation of the clerk’s record; (10) a certified bill of costs including the cost of preparing the clerk’s record, showing credits for payments made; and (11) any filing that a party designates to have included in the record. In this appeal, appellant appeals the trial court’s order denying his motion to dismiss under the TCPA. However, the clerk’s record does not contain all pleadings relating to this order. For example, the plaintiff’s live petition is not included in the clerk’s record.

Therefore, we ORDER the trial court clerk to file a supplemental clerk’s record that complies with Texas Rule of Appellate Procedure 34.5(a) on or before June 17, 2021.

_________________________________ Liza A. Rodriguez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 7th day of June, 2021.

___________________________________ Michael A. Cruz, Clerk of Court

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Earl Harper & Southwest Capital Group, Inc. v. CR-FED, LLC (Aka Credito Real Business Capital), Counsel Stack Legal Research, https://law.counselstack.com/opinion/earl-harper-southwest-capital-group-inc-v-cr-fed-llc-aka-credito-texapp-2021.