Wolfgang P. Hirczy De Mino, PH.D. v. Star Operations., Inc., Lana L. Lewis and Victor C. Huff, Jr.

Court of Appeals of Texas

Wolfgang P. Hirczy De Mino, PH.D. v. Star Operations., Inc., Lana L. Lewis and Victor C. Huff, Jr.

DecidedMay 22, 2018

Docket01-18-00307-CV

StatusPublished

This text of Wolfgang P. Hirczy De Mino, PH.D. v. Star Operations., Inc., Lana L. Lewis and Victor C. Huff, Jr. (Wolfgang P. Hirczy De Mino, PH.D. v. Star Operations., Inc., Lana L. Lewis and Victor C. Huff, Jr.) 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

Wolfgang P. Hirczy De Mino, PH.D. v. Star Operations., Inc., Lana L. Lewis and Victor C. Huff, Jr., (Tex. Ct. App. 2018).

Pincite

Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Wolfgang P. Hirczy De Mino, PH.D. v. Star Operations, Inc., Lana L. Lewis and Victor C. Huff, Jr.

Appellate case number: 01-18-00307-CV

Trial court case number: 2017-30978

Trial court: 133rd District Court of Harris County

On May 3, 2018, the trial court clerk advised this court that appellant had not made payment arrangements for the filing of the clerk’s record. On May 4, this court issued a notice to appellant that failure to make payment arrangements for the filing of the clerk’s record could result in dismissal unless appellant provided proof of payment or arrangements to pay by 5:00 p.m. on May 14. On May 14, appellant filed a letter. In it, he asserted that he had requested a limited clerk’s record, but the trial court clerk included more documents than he requested and quoted him a price of $224.00. Appellant argues that he should not have to pay for more documents than he requested. Unless the parties reach an agreement and file a written stipulation as to the contents of the clerk’s record under Rule 34.2, the clerk’s record must contain certain documents, including all pleadings, the court’s docket sheet, the court’s judgment or order appealed, any post-judgment motions or requests for findings of fact and conclusions of law, the notice of appeal, any formal bill of exception, and the request for the clerk’s record. See TEX. R. APP. P. 34.2, 34.5(a). Appellant has not provided this court with his request for the clerk’s record, but if it does not include all of the items required by Rule 34.5(a), those additional documents must be included in the clerk’s record. See TEX. R. APP. P. 34.5(a). Moreover, if appellant fails to make arrangements for the filing of the clerk’s record, this court may dismiss the appeal after giving ten days’ notice. See TEX. R. APP. P. 42.3. Thus, appellant must provide proof of payment or of arrangements to pay for the clerk’s record within 10 days of this order or the appeal may be dismissed. See id. It is so ORDERED.

Judge’s signature: /s/ Jennifer Caughey  Acting individually  Acting for the Court

Date: May 22, 2018

Free access — add to your briefcase to read the full text and ask questions with AI

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Wolfgang P. Hirczy De Mino, PH.D. v. Star Operations, Inc., Lana L. Lewis and Victor C. Huff, Jr.

Appellate case number: 01-18-00307-CV

Trial court case number: 2017-30978

Trial court: 133rd District Court of Harris County

On May 3, 2018, the trial court clerk advised this court that appellant had not made payment arrangements for the filing of the clerk’s record. On May 4, this court issued a notice to appellant that failure to make payment arrangements for the filing of the clerk’s record could result in dismissal unless appellant provided proof of payment or arrangements to pay by 5:00 p.m. on May 14. On May 14, appellant filed a letter. In it, he asserted that he had requested a limited clerk’s record, but the trial court clerk included more documents than he requested and quoted him a price of $224.00. Appellant argues that he should not have to pay for more documents than he requested. Unless the parties reach an agreement and file a written stipulation as to the contents of the clerk’s record under Rule 34.2, the clerk’s record must contain certain documents, including all pleadings, the court’s docket sheet, the court’s judgment or order appealed, any post-judgment motions or requests for findings of fact and conclusions of law, the notice of appeal, any formal bill of exception, and the request for the clerk’s record. See TEX. R. APP. P. 34.2, 34.5(a). Appellant has not provided this court with his request for the clerk’s record, but if it does not include all of the items required by Rule 34.5(a), those additional documents must be included in the clerk’s record. See TEX. R. APP. P. 34.5(a). Moreover, if appellant fails to make arrangements for the filing of the clerk’s record, this court may dismiss the appeal after giving ten days’ notice. See TEX. R. APP. P. 42.3. Thus, appellant must provide proof of payment or of arrangements to pay for the clerk’s record within 10 days of this order or the appeal may be dismissed. See id. It is so ORDERED.

Judge’s signature: /s/ Jennifer Caughey  Acting individually  Acting for the Court

Date: May 22, 2018

Cite This Page — Counsel Stack

Bluebook (online)

Wolfgang P. Hirczy De Mino, PH.D. v. Star Operations., Inc., Lana L. Lewis and Victor C. Huff, Jr., Counsel Stack Legal Research, https://law.counselstack.com/opinion/wolfgang-p-hirczy-de-mino-phd-v-star-operations-inc-lana-l-lewis-texapp-2018.