Tony's Barbeque and Steakhouse, Inc. v. Three Point Investments, LTD

• Court: Court of Appeals of Texas
• Decided: February 8, 2017
• Docket: 14-16-00207-CV
• Status: Published

Opinion

Order filed February 8, 2017

In The

Fourteenth Court of Appeals NO. 14-16-00207-CV ____________

TONY'S BARBEQUE AND STEAKHOUSE, INC., Appellant

V.

THREE POINT INVESTMENTS, LTD, Appellee

On Appeal from the 61st District Court Harris County, Texas Trial Court Cause No. 2013-55732

ORDER

The clerk’s record was filed May 17, 2016. Our review has determined that a relevant item has been omitted from the clerk's record. See Tex. R. App. P. 34.5(c). The record does not contain (1) Defendant Tony’s Barbeque and Steakhouse, Inc.’s Fourth Amended Answer, filed between April 1, 2014 and January 20, 2016; (2) Docket Control Order signed January 7, 2016; (3) Order signed January 22, 2016 denying a motion to strike pleadings; (4) Order signed January 25, 2016 striking pleadings.

The Harris County District Clerk is directed to file a supplemental clerk’s record on or before February 21, 2017, containing (1) Defendant Tony’s Barbeque and Steakhouse, Inc.’s Fourth Amended Answer, filed between April 1, 2014 and January 20, 2016; (2) Docket Control Order signed January 7, 2016; (3) Order signed January 22, 2016 denying a motion to strike pleadings; (4) Order signed January 25, 2016 striking pleadings. If the omitted item is not part of the case file, the district clerk is directed to file a supplemental clerk’s record containing a certified statement that the omitted item is not a part of the case file.

PER CURIAM