Transamerica Life Insurance Co. v. J.G. Wentworth Originations, LLC

• Court: Court of Appeals of Texas
• Decided: September 24, 2015
• Docket: 04-15-00588-CV
• Status: Published

Opinion

ACCEPTED 04-15-00588-CV FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 9/24/2015 5:09:08 PM v 1 MUNSCH HARDT ~— KEITH HOTTLE

; 4 KOATTORNEYS Ak;,r;g,s,«;,e,e,; CLERK P F & H A R R PC Dallas, Texas 75201-6659 Main 214.855 7500 COUNSFLORS is Fax 214 855 7584 DALLAS HOUSTON |AUST|N | munscrmom FILED IN Direct Dial 214 855.7579 4th COURT OF APPEALS Direct Fax 214.978 5373 SAN ANTONIO, TEXAS sgibson@munsch.com 9/24/2015 5:09:08 PM KEITH E. HOTTLE September 24, 2015 Clerk

Via E-Filing Mr. Richey Gentry, Court Reporter 81st District Court of Atascosa County, Texas 1 Courthouse Circle Drive Jourdanton, TX 78026

Re: Request for Reporter’s Record in J. G. Wentworth Originations, LLC v. J. LeRoy, cause No. 15-01-0043-CVA in the 81st District Court of Atascosa County, Texas

Dear Mr. Gentry,

TransAmerica Life Insurance Company is appealing by way of restricted appeal the judgment in the above case to the Court of Appeals for the Fourth District of Texas at San Antonio. TransAmerica Life Insurance Company filed its Notice of Appeal on September 16, 2015.

It is understood that it is unknown at the present time whether the hearings leading to the

orders of February 25, 2015 and/or April 15, 2015, were reported. lt is our understanding that you will be reviewing your records to determine what, if anything, was reported in connection with the above- referenced matter. However, so that we do not delay the perfection of the appeal, this is written to formally request in accordance with Texas Rule of Appellate Procedure 34.6,that you prepared the complete reporter's record to the extent available of all proceedings in the above-referenced cause. In the event that there is no reporter’s record available, it would be appreciated if that fact could be certified and submitted to the court of appeals.

By “complete record” TransAmerica Insurance means one that contains, to the extent Life available at all, all testimony from all of the witnesses, all discussion during trial between the judge and the attorneys, all bench conferences and conferences outside the presence of the jury, all exhibits, and all bills of exceptions.

Please include in the reporter’s record all of the following:

1. The attorneys’ opening statements;

2. The attorneys’ closing arguments;

3. The testimony of witnesses at trial and all recorded proceedings during trial including but not limited to the charge conference and objections as well as all recorded hearings out of the presence of the jury; Mr. Richey Gentry September 24, 2015 Page 2

4. All post-trial hearings;

5. All exhibits admitted or offered; and

6. the court repoiter’s log of all the recorded proceedings.

Please let me know at your earliest convenience your charge for the services requested so that you can be paid for them in advance. If you have any questions or concerns about this request, please do not hesitate to let me know of them. Thanking you for your attention to this request, am I

Very truly yours, /—

I Stephen~~ Gi

JSG:end

cc: via e-file: Margaret Littleton Atascosa District Clerk 1 Courthouse Circle Dr.

Jourdanton, TX 78026 Via email: Earl S. Nesbitt enesbitt@nvm|aw.com David Vassar dvassar@nvm|aw.com Patrick P. Sicotte Qsicotte@nvm|aw.com Nesbitt, Vassar & McCown, LLP 15851 Dallas Parkway, Suite 800 Addison, TX 75001

Via first class mail: James Le Roy 3980 Eichuman Road Poteet, TX 78065

Via e-file: Fourth Court of Appeals Attn: Court Clerk Cadena-Reeves Justice Center 300 Dolorosa, Suite 3200 San Antonio, TX 78205