Elizabeth A. Lousteau and Brett Clanton v. James L. Noriega and Sonia A. Noriega

Court of Appeals of Texas·Decided May 18, 2015·No. 01-15-00341-CV·Published

Opinion

ACCEPTED 01-15-00341-CV FIRST COURT OF APPEALS HOUSTON, TEXAS 5/18/2015 2:19:33 PM CHRISTOPHER PRINE CLERK

FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 5/18/2015 2:19:33 PM May 18, 2015 CHRISTOPHER A. PRINE Clerk

Via email (michelle.lopez@hcdistrictclerk.com) & efile Michelle Lopez Post Judgment-Appellate 201 Caroline Houston, Texas 77002

Re: Cause No. 2013-35448-B and 2013-35448 consolidated with 2014-14152; Elizabeth A. Lousteau and Brett Clanton v. Jaime L. Noriega and Sonia A. Noriega v. Elizabeth A. Lousteau and Brett Clanton; In the 151st Judicial District of Harris County, Texas.

Dear Ms. Lopez,

As discussed, the clerk’s record filed with the First Court of Appeals on May 1, 2015 for appellant case number 01-15-00341-CV and May 11, 2015 for appellant case number 01-15- 00254-CV was incorrect and needs to be amended immediately. Per your instruction, below is a list of the documents and their image number that are needed for the Amended Clerk’s Record in appellate case numbers 01-15-00254-CV and 01-15-00341-CV. Please prepare the corrected clerk’s record and send a draft to me before filing with the First Court of Appeals.

For cause number 2013-35448:

DOC. NO. DESCRIPTION DATE

65067552 Post Trial Designation of Item for Clerks Record 04/14/2015

64968415 Proposed Order on Defendants' Objection to the Interlocutory 04/09/2015 Judgment of December 22, 2014

64968416 Proposed Order on Defendants' Objections to the Consolidation and 04/09/2015 Sua Sponte Severance Orders of February 13, 2015

64664972 Notice of Appeal 03/16/2015

64588964 Defendants' Objection to the Interlocutory Judgment of December 03/11/2015 22, 2014 DOC. NO. DESCRIPTION DATE

64588966 Notice of Submission 03/11/2015

64588968 Defendants' Objection to the Consolidation and Sua Sponte 03/11/2015 Severance Orders of February 13, 2015 64588970 Notice of Submission 03/11/2015

64240766 Order Signed Consolidating Case 02/13/2015 Order Signed Granting Preferential Trial Setting Order Signed Granting Referral to Mediation

65084715 Severance Order Signed, Party Removed 02/13/2015

63145693 Order Signed Setting Aside Final Judgment 11/07/2014

58061523 Order Signed Consolidating case 10/17/2013

56934343 Interlocutory Default Judgment 08/12/2013

56945817 Severance Order Signed, party removed 08/12/2013

56854754 Proposed Order on Motion to Sever 08/06/2013

For cause number 2013-35448-B:

65354504 Defendants' Motion to set Superssedaeas Bond 05/08/2015

65354506 Notice of Submission 05/08/2015

65354505 Proposed Order on Defendants' Motion to Set Supersedeas Bond 05/08/2015

65067553 Post Trial Designation of Items for Clerk's Record 04/14/2015

64968417 Proposed Order on Defendants' Objections to the Consolidation and 04/09/2015 Su Sponte Severance Orders of February 13, 2015

64664975 Proposed Order on Defendants' Objections to the Consolidation and 04/09/2015 Sua Sponte Severance Orders of February 13, 2015

64968418 Notice of Appeal 03/16/2015

64587672 Order Signed Granting in Part Case Consolidation see Order 03/11/2015 Order Signed Setting Aside Order DOC. NO. DESCRIPTION DATE

64589050 Defendants' Objection to the Consolidation and Sua Sponte 03/11/2015 Severance Orders of February 13, 2015

64589051 Notice of Submission 03/11/2015

65084715 Judgment (Signed) for Plaintiff on Jury Verdict 02/13/2015

64430051 Order Depositing Funds into Registry Signed 01/21/2015

64430052 Defendants' Motion to Modify Interlocutory Judgment 01/21/2015

64430053 Exhibit A 01/21/2015

64430054 Exhibit B 01/21/2015

64430055 Exhibit C 01/21/2015

64430056 Exhibit D 01/21/2015

64430057 Exhibit E 01/21/2015

64430066 Defendants' Emergency Motion to Delay Enforcement of Provision 01/20/2015 in Interlocutory Judgment or to Set a Supersedeas Bond for the Value of the Deed to 314 Goldenrod or to Permit Placement of the Deed into the Registry of the Court

64430067 Exhibit A 01/20/2015

64430068 Exhibit B 01/20/2015

64430058 Partial Judgment Signed for Plaintiff (Jury) 12/22/2014

64430092 Jury Charge 11/07/2014

64430093 Question(s) from the Jury During Deliberation 11/07/2014

64430146 Plaintiff s Proposed Jury Charge 10/31/2014

64430107 Signed order Granting Motion for Leave 09/10/2014

64430152 Signed Order Denying Motion to Strike 09/02/2014

64430140 Defendants' Motion for Leave to File Pleading after the Pleading 08/28/2014 Deadline DOC. NO. DESCRIPTION DATE

64430143 Defendants' Third Amended Answer 08/28/2014

64430197 Plaintiffs' Motion to Strike Defendants Amended Pleadings 08/24/2014

64430165 Defendant Second Amended Answer, Affirmative Defenses and 07/23/2014 Counterclaim for Declaratory Relief

64430277 Plaintiffs' 1st Supplemental Petition to Plaintiffs' 1st Amended 06/23/2014 Petition for Bill of Review and Suit for Declaratory Relief

64430422 Signed Temporary Injunction 04/15/2014

64430427 Plaintiffs' 1st Amended Petition for Bill of Review, Application for 04/14/2014 Injunctive Relief, and Suit for Declaratory Relief

Please also reimburse our firm for any documents included on the last record that were not specifically requested by our firm. Also, please do not rebill us for documents that you have already placed in the incorrect clerk’s record.

If you have any questions, please do not hesitate to contact me.

Very truly yours,

/s/ Marianne G. Robak Marianne G. Robak

cc: First Court of Appeals efile SJ Swanson e-service

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Elizabeth A. Lousteau and Brett Clanton v. James L. Noriega and Sonia A. Noriega, (Tex. Ct. App. 2015).

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