Ted B. Lyon, III v. Building Galveston, Inc., D/B/A Building Solutions

Opinion

ACCEPTED Filed: 10/15/2015 01-15-00664-CV 11:39:24 AM JOHN FIRST COURT D. KINARD OF APPEALS - District Clerk GalvestonHOUSTON, TEXAS County, Texas 10/15/2015 Envelope 1:21:15 PM No. 7389240 CHRISTOPHER By: Alytha PRINE Green-Pickney 10/15/2015 12:03:40CLERK PM

Cause No. 10-CV-2353

Building Galveston, Inc., § In the District Court FILED IN § 1st COURT OF APPEALS Plaintiff, § HOUSTON, TEXAS § 10/15/2015 1:21:15 PM vs. § GalvestonCHRISTOPHER County, TexasA. PRINE Clerk § Lyon Construction Services, et al., § § Defendants. § 405th Judicial District

DEFENDANTS’ REQUEST FOR FIRST SUPPLEMENTAL CLERK’S RECORD ON APPEAL

To the District Clerk of Galveston County (Attention: appellate deputy Linda Scott)

As you know, the original clerk’s record on appeal was filed September 28, 2015,

with the First Court of Appeals in Houston (case no. 01-15-00664-CV). Pursuant to Tex.

R. App. P. 27.3 and 34.5(c)(1), please prepare and file with the First Court of Appeals (as

soon as possible) a first supplemental clerk’s record (both sides’ briefs as appellants are

currently due by November 18, 2015) containing the following additional items. (Also,

please make sure any cost Defendants must pay for preparing the first supplemental

clerk’s record is stated within the first supplemental clerk’s record.)

Item Approximate # Description Filing (or Signing) Date

1. Clerk’s Certificate of Cash Deposit in Lieu of Supersedeas Bond 9-30-2015

2. Intervenor/Plaintiff Building Galveston, Inc. d/b/a Building Solutions’ Second Motion for Judgment Nunc Pro Tunc 9-30-2015

3. Notice - From Court of Setting Date 10-1-2015 4. Notice of Submission 10-1-2015

5. Defendants’ Response and Opposition to Building Galveston, Inc.’s Second Motion for Judgment Nunc Pro Tunc; Also, Request for Inclusion of This Response and Opposition in any Supplemental Clerk’s Record on Appeal (First Court of Appeals Case No. 01-15-00664-CV) 10-8-2015

6. Intervenor/Plaintiff Building Galveston, Inc. d/b/a Building Solutions’ Reply to Defendants’ Response to Second Motion for Judgment Nunc Pro Tunc 10-9-2015

7. Request for Abstract of Judgment (presumably inadvertently requested by Mr. Lyford against “Lyon Construction Services” with reference to “Nunc Pro Tunc Order of 7/31/2015”) 10-12-2015

8. Abstract of Judgment - Issuance (Work Product) (naming only “Ted B. Lyon III” as defendant/judgment debtor) 10-12-2015

9. Nunc Pro Tunc Order (may be same as next item) 10-13-2015

10. Judgment Nunc Pro Tunc (six unnumbered pages) 10-13-2015

11. Defendants’ Request for First Supplemental Clerk’s Record on Appeal (i.e., this document) 10-15-2015

Respectfully submitted,

TED B. LYON & ASSOCIATES, P.C.

_________________________________ Ben Taylor State Bar No. 19684500 btaylor@tedlyon.com Josh Birmingham State Bar No. 24059329 jbirmingham@tedlyon.com 18601 LBJ Freeway, Suite 525 Mesquite, Texas 75150-5632 Telephone: 972-279-6571 Facsimile: 972-279-3021 ________________________________________________________________________________________________________ DEFENDANTS’ REQUEST FOR FIRST SUPPLEMENTAL CLERK’S RECORD ON APPEAL Page 2 CRISS & ROUSSEAU LAW FIRM L.L.P.

Susan E. Criss State Bar No. 06630475 susan.criss@crissrousseau.com PO Box 17046 Galveston, TX 77552 Telephone: 409-515-6176 Facsimile: 409-763-1508

ATTORNEYS FOR DEFENDANTS

CERTIFICATE OF SERVICE

I certify that a copy of this request has been served upon plaintiff’s counsel of record via e-file and e-mail (and a courtesy, correspondence copy has been e-filed with the Clerk of the First Court of Appeals) on this the 15th day of October, 2015.

Scott Lyford (slyford@millsshirley.com) Christopher Prine, Clerk (via e-file case no. 01-15-00064-CV)

By: _________________________________ Ben Taylor

________________________________________________________________________________________________________ DEFENDANTS’ REQUEST FOR FIRST SUPPLEMENTAL CLERK’S RECORD ON APPEAL Page 3