Pamela J. Hazelwood v. Keith L. Hazelwood

CourtCourt of Appeals of Texas
DecidedJune 1, 2017
Docket01-17-00147-CV
StatusPublished

This text of Pamela J. Hazelwood v. Keith L. Hazelwood (Pamela J. Hazelwood v. Keith L. Hazelwood) 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.

Bluebook
Pamela J. Hazelwood v. Keith L. Hazelwood, (Tex. Ct. App. 2017).

Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Pamela J. Hazelwood v. Keith L. Hazelwood

Appellate case number: 01-17-00147-CV

Trial court case number: 2015-49239

Trial court: 310th District Court of Harris County

The clerk’s record was filed on April 7, 2017. Appellant has filed a motion to supplement the clerk’s record with twelve relevant documents that she claims were omitted from the clerk's record. See TEX. R. APP. P. 34.5(c). Appellant contends that the court’s docket sheet is missing a number of entries. A docket- sheet entry ordinarily is not part of the record an appellate court may consider. In re Bill Heard Chev., Ltd., 209 S.W.3d 311, 315 (Tex. App.—Houston [1st Dist.] 2006, orig. proceeding). The trial court’s docket sheet is a memorandum for the clerk and trial court’s convenience. Id. A docket sheet entry may support a contention a judgment was orally rendered on a certain date. Id. In any event, we grant appellant’s request to supplement the record with an updated docket sheet, if it exists. To be clear, we are not ordering the district clerk to create new docket entries that do not already exist. The Harris County District Clerk is directed to file a supplemental clerk’s record on or before June 20, 2017, containing the following items requested by appellant: (1) Affidavit of New Evidence, The Riley James 2007 Acquisition Program, LP, dated October 9, 2009, filed by Pamela Hazelwood with First Amended Motion for New Trial; (2) Updated docket sheet, if one exists, containing entries for December 5, 2016 and December 13, 2016, as well as the Notice of Claims, Withdrawal of Consent and Motion to Enforce, Agreed Motion to Reform Order, Corrected “Notice of Enter,” and Supplemental Amended Petition, that allegedly are missing from the docket sheet; (3) Withdrawal of Consent and Motion to Enforce; (4) Corrected “Notice of Enter;” (5) Email from Daniel J. Lemkuil with attachments; and (6) Irrevocable Mediated Settlement Agreement including Exhibit A. Appellant also asks that we order the District Clerk to supplement the clerk’s record with Keith L Hazelwood’s Texas Driver’s License number and Social Security number. This portion of appellant’s motion is denied. This information is sensitive data that must be redacted unless the inclusion of this date is “specifically required by a statute, court rule, or administrative regulation.” TEX. R. APP. P. 9.9(a)-(b). Appellant has offered no basis for the inclusion of this sensitive data in a filing in this case. Accordingly, we deny this request. To the extent any of the allegedly omitted items are not part of the case file, the district clerk is directed to file a supplemental clerk’s record containing a certified statement identifying those items that are not a part of the case file. It is so ORDERED.

Judge’s signature: /s/ Michael Massengale  Acting individually  Acting for the Court

Date: June 1, 2017 Court of Appeals Number: 01-17-00147-CV

fS? COURT OF APPEALS HOUSTON, TEXAS

May 25, 2017 MAY 2 5 2017 CHRISTOPHER A. PRINE

CLERK

Court of Appeals Mr. Jeffrey David Sasser First District Attorney for Appellee 301 Fannin Street 8431 Katy Freeway Houston, Texas 77002-2066 Houston, Texas 77024 Telephone: 713-457-6675 Via Certified Receipt Mail

RE: Court of Appeals Number: 01-17-00147-CV Trial Court Case Number: 2015-49239

Style: Pamela J. Hazelwood v. Keith L. Hazelwood

FIRST AMENDED MOTION TO SUPPLEMENT

THE CLERKS RECORD

Please allow this letter to serve as a designation of additional items necessary and relevant to supplement the Clerks Record the District filed on April 7, 2017, relating to the Notice of Appeal filed February 27, 2017, in connection with the above-referenced cases, in accordance with TEX. R. APP. P. 34.6(d). Appellant asks the First Court of Appeals to Supplement the Clerks Record with the following relevant documents to correct errors, omissions and inconsistencies in the Clerks Record to insure the Record is accurate and complete. Please supplement the Clerks Record with the following Exhibits:

May 2,2017 Exhibit #1- This letter request to Supplement the Clerks Record filed on April 7, 2017 to include the following relevant Exhibits/filings Court of Appeals Number: 01-17-00147-CV

Jan. 19, 2017 Exhibit #2 - Pamela J. Hazelwood filed Affidavit - New Evidence, The Riley James 2007 Acquisition Program, LP dated October 9, 2009 and was filed with the First Amended Motion for New Trial as listed on Page 74 of the Clerks Record. The Clerks Record is missing the Affidavit of New Evidence and The Riley James 2007 Acquisition Program, LP as it was before the court.

Dec. 14,2016 Exhibit #3 - Harris County District Court Case Details Cause: 201549239, the Clerks Record filed April 7, 2017 is missing several entries in the Court Docket that are documented in this Exhibit #3 Case Details dated December 14,2016

Dec. 5, 2016 Exhibit #4 - Harris County District Court Case Details Cause: 201549239 Records are RESTRICTED. The Clerks Record filed April 7, 2017 is missing several entries in the Court Docket that are documented in this Exhibit #4 Case Details dated December 5, 2016

Nov. 23, 2016 Exhibit #5 - Notice of Claims - This motion is in the Clerks Record on Pages 57-59 filed April 7, 2017, but is not listed in the Court Docket Sheet on Page 83, it is listed in the Court Docket in Exhibit #4 Case Details dated December 5, 2016 referenced above

Nov. 22, 2016 Exhibit #6 - Withdraw of Consent and Motion to Enforce - This motion is not listed in the Clerks Docket Sheet filed April 7, 2017, it is documented in both Exhibits #3 & #4 Case Details dated December 5, 2016 and December 14, 2016 referenced above Court of Appeals Number: 01-17-00147-CV

Nov. 8, 2016 Exhibit #7 - Agreed Motion to Reform Order - This motion is on Page 56 of the Clerks Record but not listed in the Court Docket on Page 83. This motion is documented in Exhibit #4 Case Details dated December 5, 2016 referenced above

Oct. 18, 2016 Exhibit #8 - Corrected Notice of Enter - This Motion is not documented in the Clerks Record filed April 7, 2017 and is not in the Court Docket on Page 83, it is documented in Exhibit#4 Case Details dated December 5, 2016 referenced above

Oct. 18, 2016 Exhibit #9 - Email from Daniel J. Lemkuil with attachments including his Final Order and Releases he wrote six days after mediation and agreed I would be able to review and approve what he writes, upon receipt Pamela J. Hazelwood notified Mr. Lemkuil immediately there were several errors including he had Keith L. Hazelwood's wrong birthday and drivers license number which belongs to a different social security number among other changes I did not agree. The attached Releases in this email contain the wrong Cause number, birthday date and driver's license number. Cause#2010-72088 is the correct case number to clarify assets in the final decree of divorce

Oct. 10, 2016 Exhibit #10- Supplemental Amended Petition - This motion is listed in the Clerks Record filed on April 7, 2017 on Page 35 but not listed in the Clerks Docket on Page 84. This motion is listed in the Court Docket in Exhibit #3 Case Details dated December 14th, 2016 referenced above

July 13,2011 Exhibit #11- Irrevocable Mediated Settlement Agreement including "Exhibit "A" Cause #2010-72088 filed July 13, 2011 is not listed in the Clerks Record filed April 7, 2017 Court of Appeals Number: 01-17-00147-CV

2000-2001 Exhibit #12- Keith L. Hazelwood's Texas Drivers License number and Social Security Number

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Related

In Re Bill Heard Chevrolet, Ltd.
209 S.W.3d 311 (Court of Appeals of Texas, 2006)

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Bluebook (online)
Pamela J. Hazelwood v. Keith L. Hazelwood, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pamela-j-hazelwood-v-keith-l-hazelwood-texapp-2017.