Garry L. Rollins and Carla D. Rollins v. Texas College and MPF Investments, LLC D/B/A "A-1 Rent All" ( 2015 )

ACCEPTED
12-15-00121-CV
TWELFTH COURT OF APPEALS
TYLER, TEXAS
7/6/2015 12:15:27 PM
CATHY LUSK
CLERK
No. 12-15-00121-CV
__________________________________________________________________
FILED IN
IN THE COURT OF APPEALS 12th COURT OF APPEALS
TYLER, TEXAS
FOR THE TWELFTH DISTRICT OF TEXAS
7/6/2015 12:15:27 PM
TYLER, TEXAS
CATHY S. LUSK
__________________________________________________________________
Clerk
GARRY L. ROLLINS AND CARLA D. ROLLINS,
Appellants
V.
TEXAS COLLEGE AND
MPF INVESTMENTS, LLC D/B/A "A-1 RENT ALL,"
Appellees
__________________________________________________________________
Appeal from Cause No. 13-3353-A
In the 7th District Court of Smith County, Texas
__________________________________________________________________
APPELLANTS’ UNOPPOSED MOTION
TO EXTEND TIME TO FILE APPELLANTS’ BRIEF
_____________________________________________________________
EXPEDITED RULING REQUESTED
TO THE HONORABLE COURT OF APPEALS:
Appellants, Gary L. Rollins and Carla Rollins request an
extension of time to file Appellant’s Opening Brief and would shows
as follows:
Appellees are Texas College and MPF Investments, LLC d/b/a
“A-1 Rent All." The current deadline to file Appellants Opening Brief
is July 10, 2015. Appellant requests an additional 30 days to file
the Appellants Opening Brief, extending the time until August 10,
2015 (the Monday after the expiration of 30 days from July 10,
2015). No prior extensions to file Appellant’s Opening Brief have
been requested. There is no 15 day limit after the deadline for filing
this motion. Pursuant to Texas Rule of Appellate Procedure 38.6(d)
this Court may grant this extension request.
Appellants need additional time to file Appellant’s Opening
Brief because the record is incomplete and in need of
supplementation and correction. A copy of Appellants’ Motion to
Supplement the Clerk’s Record is attached hereto (Exhibit “A”).
First, the record is missing 4 necessary documents. These
missing documents were discovered by Appellants while preparing
their brief. Three of these documents were designated for inclusion
by Appellants, but were not filed as part of the record by the clerk.
The fourth document is cross-designated by Appellee, MPF
Investments LLC. However, due to the tardiness of MPF’s cross-
designation the fourth document is not in the record either.
The undersigned discussed the absence of these four
documents with the trial court clerk and was informed that due to
the July 4th holiday, the matter would be handled on Tuesday, July
7, 2015 (only 3 days prior to the filing deadline.) A copy of
correspondence to the trial court clerk requesting supplementation
of the record with such documents, is attached as exhibit “B”.
Attached as Exhibit “C” is a copy of e-mail correspondence with the
trial court clerk confirming the timeline. Obviously, it is unlikely
that the record will be properly supplemented prior to Appellants’
briefing deadline.
Second, numerous additional documents were cross-
designated for inclusion by Appellee, MPF Investments, LLC. The
cross designation was filed just recently and received by the
undersigned just yesterday, long after the clerk’s record had been
completed and filed. A copy of the tardy cross designation is
attached as exhibit “D.” The designation specified a number of
documents which suggest additional areas of briefing will be
required. Thus, in order to avoid confusion and inaccuracy in the
briefs, the clerk’s record page numbers should be assigned to these
key documents, prior to briefing.
Appellants do not object to the tardy designation. Appellants
simply desire for the record to be complete with proper volume and
page references prior to drafting and filing their opening brief.
Extending the deadline 30 days will accommodate all parties, by
giving the trial clerk ample time to insure that the clerk’s record is
complete and contains all documents requested. Granting
additional time will not prejudice any party, but simply insure the
record is complete.
Wherefore, Appellants pray that the Court grant this request
and extend the deadline for Appellants’ to file their opening brief for
30 days, extending the time until August 10, 2015 (the Monday
after the expiration of 30 days from July 10).
Respectfully submitted,
/s/ Ernesto D. Sigmon
Ernesto D. Sigmon
State Bar No. 24010397
LAW OFFICES OF ERNESTO D. SIGMON
WALKER SIGMON LAW
416 West Saulnier Street
Houston, Texas 77019
214/395-1546 (Telephone)
713/485-6056 (Facsimile)
esigmon@esigmon.com
ATTORNEY FOR APPELLANTS,
GARRY L. ROLLINS AND CARLA D.
ROLLINS
CERTIFICATE OF CONFERENCE
I certify that I have attempted to confer with lead counsel for
Texas College and MPF Investments, LLC by phone and by e-mail
on the following occasions:
• July 3, 2015, by phone and then by email. I initially
attempted to contact lead trial counsel for the parties (i.e.
Messrs. Yarbrough and Geddie). I got email responses from
both lawyers directing me to include lead appellate counsel on
all correspondence going forward.
• On July 4, 2015 I sent written correspondence to Messrs.
Smith and Hovnatanian (both lead appellate counsel) with trial
counsel cc’d. In the correspondence, I asked the lawyers to
consider the merit and substance of the motions as well as my
rationale for filing them. I also invited opposing counsel to
advise me at their earliest of their position on the motions.
• On July 6, 2015 I called Mr. Smith and Mr. Hovnatanian by
phone. Mr. Hovnatanian advised me that he is unopposed to
the motion to extend the filing deadline. I was unable to reach
Mr. Smith and emailed him at 11;29 a.m. regarding the
motion. Nolan Smith contacted me by phone at 11:57 a.m. on
behalf of his colleague Greg Smith, advising me that he too is
unopposed to the motion to extend the brief filing deadline.
/s/ Ernesto D. Sigmon
Ernesto D. Sigmon
State Bar No. 24010397
LAW OFFICES OF ERNESTO D. SIGMON
WALKER SIGMON LAW
416 West Saulnier Street
Houston, Texas 77019
214/395-1546 (Telephone)
713/485-6056 (Facsimile)
esigmon@esigmon.com
ATTORNEY FOR APPELLANTS,
GARRY L. ROLLINS AND CARLA D.
ROLLINS
CERTIFICATE OF SERVICE
I certify that on July 6, 2015, I served a copy of Appellants’
Motion to Extend Time to File Appellants’ Brief on the parties listed
below by electronic service and that the electronic transmission was
reported as complete. My e-mail address is esigmon@esigmon.com.
/s/ Ernesto D. Sigmon
Ernesto D. Sigmon
State Bar No. 24010397
LAW OFFICES OF ERNESTO D. SIGMON
SIGMON LAW, PLLC
416 West Saulnier Street
Houston, Texas 77019
214/395-1546 (Telephone)
713/485-6056 (Facsimile)
esigmon@esigmon.com
ATTORNEY FOR APPELLANTS,
GARRY L. ROLLINS AND CARLA D.
ROLLINS
Greg Smith
Texas Bar No. 18600600
Nolan D. Smith
Texas Bar No. 24075632
RAMEY & FLOCK, P.C.
100 E. Ferguson, Suite 500
Tyler, Texas 75702
Telephone: 903-597-3301
Facsimile: 903-597-2413
Mr. Trey Yarbrough
YARBROUGH WILCOX GUNTER, PLLC
100 East Ferguson, Suite 1015
Tyler, Texas 75702
Fax: 903.595.0191
Levon G. Hovnatanian
Texas Bar No. 10059825
hovnatanian@mdjwlaw.com
lonergan@mdjwlaw.com
MARTIN, DISIERE, JEFFERSON &
WISDOM, L.L.P.
808 Travis, 20th Floor
Houston, Texas 77002
(713) 632-1700 – Telephone
(713) 222-0101 – Facsimile
Todd M. Lonergan
Texas Bar No. 12513700
lonergan@mdjwlaw.com
808 Travis, 20th Floor
Houston, Texas 77002
(713) 632-1700 – Telephone
(713) 222-0101 – Facsimile
Ryan K. Geddie
Texas Bar No. 24055541
geddie@mdjwlaw.com
MARTIN, DISIERE, JEFFERSON &
WISDOM, L.L.P.
Tollway Plaza One
16000 N. Dallas Parkway, Suite 800
Dallas, Texas 75248
(214) 420-5500 – Telephone
(214) 420-5501 – Facsimile
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No. 12-15-00121-CV
__________________________________________________________________
IN THE COURT OF APPEALS
FOR THE TWELFTH DISTRICT OF TEXAS
TYLER, TEXAS
__________________________________________________________________
GARRY L. ROLLINS AND CARLA D. ROLLINS,
Appellants
V.
TEXAS COLLEGE AND
MPF INVESTMENTS, LLC D/B/A "A-1 RENT ALL,"
Appellees
__________________________________________________________________
Appeal from Cause No. 13-3353-A
In the 7th District Court of Smith County, Texas
__________________________________________________________________
APPELLANTS’ MOTION
TO CORRECT AND SUPPLEMENT CLERK’S RECORD
_____________________________________________________________
TO THE HONORABLE COURT OF APPEALS:
Appellants, Gary L. Rollins and Carla Rollins request that this
Court issue a letter directing the trial court clerk to correct and
supplement the clerk’s record and to re-file the record in proper
format and would shows as follows:
Appellees are Texas College and MPF Investments, LLC d/b/a
“A-1 Rent All."
1. OMITTED ITEMS
Texas Rule of Appellate Procedure 34.5(c)(1) provides:
(c) Supplementation.
(1) If a relevant item has been omitted from the clerk's
record, the trial court, the appellate court, or any party may by
letter direct the trial court clerk to prepare, certify, and file in
the appellate court a supplement containing the omitted item.
Tex. R. App. P. 34.5(c)(1).
A. APPELLANTS’ FOUR ITEMS
During the process of preparing their brief, Appellants
discovered that four (4) relevant documents have been omitted from
the clerk’s record. They are:
1. “Plaintiffs’ Motion to Reconsider its Ruling On Defendant
MPF Investments, LLC D/B/A A-1 Rent All’s Traditional
and No Evidence Motion for Summary Judgment and
Objections to Plaintiffs’ Summary Judgment Evidence”
(with attached exhibits and affidavit from Dr. Samuel
Barnett) (filed March 2, 2015).
2. "Defendant MPF Investments, LLC’s Response in
Opposition to Plaintiffs’ Motion to Reconsider the Court’s
Ruling on Defendant’s Traditional and “No Evidence”
Motion for Summary Judgment” (filed March 19, 2015)
3. "Order Denying Plaintiffs’ Motion to Reconsider the
Court’s Ruling on Defendant’s Traditional and No
Evidence Motion for Summary Judgment (Texas College)"
(issued by the trial court on March 17, 2015)
4. "Order Denying Plaintiffs’ Emergency Motion to reopen
Summary Judgment Record and Request for Leave to
Supplement Evidence” (issued by the trial court on
March 17, 2015).
Items 1, 3, and 4, were designated by Appellant for inclusion in the
record prior to the date on which the clerk’s record was filed. See
APPELLANT’S DESIGNATION OF ITEMS TO BE INCLUDED IN CLERK’S RECORD
(Exhibit “A”). Item 2 was inadvertently omitted by Appellants from
their designation. However the same document was recently cross-
designated by Appellee MPF Investments LLC. See MPF
INVESTMENTS, LLC’S CROSS-DESIGNATION OF ITEMS FOR CLERK’S RECORD
(Exhibit “B”). However, due to the tardiness of MPF’s cross-
designation item 2 is not in the record either.
The undersigned discussed the absence of these four
documents with the trial court clerk and was informed that due to
the July 4th holiday, the matter would be handled on Tuesday, July
7, 2015, only 3 days prior to the deadline for Appellants to file their
opening brief. This motion is being filed concurrently with
APPELLANTS’ MOTION TO EXTEND TIME TO FILE APPELLANTS’ BRIEF (Exhibit
“C.”) A copy of correspondence to the trial court clerk requesting
supplementation of the record with such documents, is attached as
exhibit “D”. Attached as Exhibit “E” is a copy of e-mail
correspondence with the trial court clerk confirming the effort to
locate these documents.
These four items are relevant to this appeal. Although a letter
request from Appellees has already been sent to the trial clerk, this
motion is filed out of an abundance of caution with respect to these
four items. Appellants request this Court to direct the trial clerk to
include these items in a supplemental record.
B. MPF’S 30 ADDITIONAL DESIGNATED ITEMS
Thirty (30) documents (including item 2 from the list above)
were cross-designated for inclusion by Appellee, MPF Investments,
LLC. The cross-designation was filed just recently and received by
the undersigned just yesterday, long after the clerk’s record had
been completed and filed. See MPF INVESTMENTS, LLC’S CROSS-
DESIGNATION OF ITEMS FOR CLERK’S RECORD (Exhibit “B”).
Appellants do not object to the late cross designation, but
merely seek to have this Court insure the designation is also
fulfilled by the trial court clerk. This can be accomplished by the
issuance of a letter from this Court directing the inclusion of such
items in the recently requested supplemental record. Such an
action will group both the Appellants’ and Appellees’ recent
requests together, insuring they will both end up in 1 supplemental
record. This will avoid multiplicity of effort by the trial court clerk.
2. DEFECTS IN THE RECORD
Texas Rule of Appellate Procedure 34.5 (d) provides:
(d) Defects or Inaccuracies. If the clerk's record is defective or
inaccurate, the appellate clerk must inform the trial court
clerk of the defect or inaccuracy and instruct the clerk to
make the correction.
Tex. R. App. P. 34.5(d).
In preparing their brief, Appellants’ have determined that the
vast majority of the items included in the current clerk’s record are
not text-searchable, and not bookmarked at the first page. This
format is required by the Texas Supreme Court’s Order Directing
the form of the Appellate Record, Rule 1.2 which reads:
1.2. Filing an Electronic Clerk's Record.
Unless the clerk receives permission from the appellate
court to file the record in paper form, the clerk must file the
record electronically. When filing a clerk's record in electronic
form, the trial court clerk must:
(a) file each computer file in text-searchable Portable
Document Format (PDF);
(b) create electronic bookmarks to mark the first page of
each document in the clerk's record; ….
Tex. R. App. P. Appendix C.
Below is an exemplar of how the bookmarks (on the left in
grey) are supposed to appear. This exemplar was taken from a
clerk training video provided on this Court’s website:
The exemplar clearly shows each document bookmarked with a
separate descriptive title.
Below is a view of the clerk’s record vol. 1 in this case:
By looking at the left, one can clearly see that the entire volume is
marked with only one book mark, when in fact, the volume contains
many separate documents. This is evidenced by the clerk’s own
index for volume 1 shown below:
Appellant requests this Court to order the trial court clerk to
bookmark the individual documents. Because each party is
required to furnish a bookmarked Appendix with its brief, this will
eliminate inconsistencies in the appendices of the parties, and
eliminate undue burden of document conversion on the part of the
Appellants.
Furthermore, although Appellant is unable to represent the
problem graphically, the documents contained in the record are not
text-searchable as required by the Supreme Court’s order.
Appellants request this Court to order the trial court clerk to file
the record (to the extent feasible) in text-searchable format. Again,
this will reduce the burden on the Appellants and Appellees when
creating their appendices for this Court, which must be text-
searchable as well. This Courts website has a video which can be
of great use by the clerk in learning how to make the record comply
with the Supreme Court’s order:
http://www.txcourts.gov/12thcoa/practice-before-the-
court/electronic-filing/clerks-and-court-reporters.aspx
It is suggested that this Court direct the clerk to comply with the
video in preparing the record.
WHEREFORE, Appellants pray that this Court: (1) send a
letter instruction to the trial court clerk, directing the trial court
clerk to include the four (4) items listed above and the thirty (30)
items designated by Appellee, MPF Investments, LLC in a
supplemental record to be filed with this court, and (2) direct the
trial court clerk by order to refile the original record and the
supplemental record with the requisite bookmarks in a text-
searchable format as required by the Texas Supreme Court.
Respectfully submitted,
/s/ Ernesto D. Sigmon
Ernesto D. Sigmon
State Bar No. 24010397
LAW OFFICES OF ERNESTO D. SIGMON
WALKER SIGMON LAW
416 West Saulnier Street
Houston, Texas 77019
214/395-1546 (Telephone)
713/485-6056 (Facsimile)
esigmon@esigmon.com
ATTORNEY FOR APPELLANTS,
GARRY L. ROLLINS AND CARLA D.
ROLLINS
CERTIFICATE OF CONFERENCE
I certify that I have attempted to confer with lead counsel for
Texas College and MPF Investments, LLC by phone and by e-mail
on the following occasions: July 3, 2015, but counsel has not
responded to my attempts.
/s/ Ernesto D. Sigmon
Ernesto D. Sigmon
State Bar No. 24010397
LAW OFFICES OF ERNESTO D. SIGMON
WALKER SIGMON LAW
416 West Saulnier Street
Houston, Texas 77019
214/395-1546 (Telephone)
713/485-6056 (Facsimile)
esigmon@esigmon.com
ATTORNEY FOR APPELLANTS,
GARRY L. ROLLINS AND CARLA D.
ROLLINS
CERTIFICATE OF SERVICE
I certify that on July 3, 2015, I served a copy of Appellants’
Motion to Correct and Supplement Clerk’s Record on the parties
listed below by electronic service and that he electronic
transmission was reported as complete. My e-mail address is
esigmon@esigmon.com.
/s/ Ernesto D. Sigmon
Ernesto D. Sigmon
State Bar No. 24010397
LAW OFFICES OF ERNESTO D. SIGMON
WALKER SIGMON LAW
416 West Saulnier Street
Houston, Texas 77019
214/395-1546 (Telephone)
713/485-6056 (Facsimile)
esigmon@esigmon.com
ATTORNEY FOR APPELLANTS,
GARRY L. ROLLINS AND CARLA D.
ROLLINS
Greg Smith
Texas Bar No. 18600600
Nolan D. Smith
Texas Bar No. 24075632
RAMEY & FLOCK, P.C.
100 E. Ferguson, Suite 500
Tyler, Texas 75702
Telephone: 903-597-3301
Facsimile: 903-597-2413
Mr. Trey Yarbrough
YARBROUGH WILCOX GUNTER, PLLC
100 East Ferguson, Suite 1015
Tyler, Texas 75702
Fax: 903.595.0191
Levon G. Hovnatanian
Texas Bar No. 10059825
hovnatanian@mdjwlaw.com
lonergan@mdjwlaw.com
MARTIN, DISIERE, JEFFERSON &
WISDOM, L.L.P.
808 Travis, 20th Floor
Houston, Texas 77002
(713) 632-1700 – Telephone
(713) 222-0101 – Facsimile
Todd M. Lonergan
Texas Bar No. 12513700
lonergan@mdjwlaw.com
808 Travis, 20th Floor
Houston, Texas 77002
(713) 632-1700 – Telephone
(713) 222-0101 – Facsimile
Ryan K. Geddie
Texas Bar No. 24055541
geddie@mdjwlaw.com
MARTIN, DISIERE, JEFFERSON &
WISDOM, L.L.P.
Tollway Plaza One
16000 N. Dallas Parkway, Suite 800
Dallas, Texas 75248
(214) 420-5500 – Telephone
(214) 420-5501 – Facsimile
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SIGMON LAW, PLLC
2929 Allen Parkway - Suite 200
Houston, TX 77019
(Tel) 214.395.1546 · (Fax) 713.485.6056
esigmon@esigmon.com
July 2, 2015
VIA EMAIL
Linda Rhymes
Smith County District Clerk - Appeals
100 North Broadway
Room 204
Tyler, Texas 75702
Re: Formal Request to Supplement the Clerk’s Record in Gary L. Rollins and Carla
D. Rollins v. Texas College et. al., in the 7th Judicial District of Smith, County
Texas.
Dear Ms. Rhymes:
On May 8th, 2015 our office filed a request for mandatory items to be included in the Clerk’s
record of this matter. We recently discovered that the following items are missing from the
record:
1) “Plaintiffs’ Motion to Reconsider its Ruling On Defendant MPF
Investments, LLC D/B/A A-1 Rent All’s Traditional and No Evidence
Motion for Summary Judgment and Objections to Plaintiffs’ Summary
Judgment Evidence” (with attached exhibits and affidavit from Dr. Samuel
Barnett)
2) "Defendant MPF Investments, LLC’s Response in Opposition to
Plaintiffs’ Motion to Reconsider the Court’s Ruling on Defendant’s
Traditional and “No Evidence” Motion for Summary Judgment”
3) "Order Denying Plaintiffs’ Motion to Reconsider the Court’s Ruling on
Defendant’s Traditional and No Evidence Motion for Summary Judgment
(Texas College)"
4) "Order Denying Plaintiffs’ Emergency Motion to reopen Summary
Judgment Record and Request for Leave to Supplement Evidence”
Item #1 was electronically filed on March 2, 2015. While I did not save a file stamped copy of
the lead document once accepted, I am including a screen shot of the accepted submission for
ease of reference (unfortunately the links to the actual documents have expired). Please note that
the exhibits to the motion are also listed below:
______________________________________________________________________________
Counsel Geddie Ltr 8.12.14
Ms. Linda Rhymes
July 2, 2015
Page 2 of 3
Item #2 was cross-designated by defendant MPF on June 29, 2015 but does not appear in the
record.
Items #3 and #4 are attached for reference as requested (filed stamped photocopies taken from
our file).
Pursuant to Texas Rule of Appellate Procedure 34.5, this correspondence serves as a formal
request that you prepare, certify and file in the appellate court a supplement containing the
omitted items referenced above.
We greatly appreciate your assistance in this matter. Please do not hesitate if you have any
questions or concerns. Thank you in advance.
Sincerely,
/s/Ernesto D. Sigmon
Ernesto D. Sigmon
Sigmon Law, PLLC
2929 Allen Parkway
Suite 200
Houston, TX 77019
Attorney for Plaintiffs/Appellants
______________________________________________________________________________
Clerk Ltr 7.2.15
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From: Ernesto Sigmon esigmon@esigmon.com
Subject: 13-3353-A Clerk's Record
Date: July 2, 2015 at 2:47 PM
To: lrhymes@smith-county.com
Cc: stuart starry stuart@starrylaw.com
Linda
We are missing the following items from the record:
1) “Plaintiffs’ Motion to Reconsider its Ruling On Defendant MPF Investments, LLC D/B/A A-1 Rent All’s Traditional and No Evidence Motion
for Summary Judgment and Objections to Plaintiffs’ Summary Judgment Evidence with attached exhibits and affidavit from Dr. Samuel
Barnett” - Appearing on p. 4192 of the record (p. 3 of Plaintiffs’ Clerk Record Request).
2) "Defendant MPF Investments, LLC’s Response in Opposition to Plaintiffs’ Motion to Reconsider the Court’s Ruling on Defendant’s
Traditional and “No Evidence” Motion for Summary Judgment (filed 3/19/15)” - Item 29 of MPF’s cross designation filed June 29th.
3) 3/17/15 - "Order Denying Plaintiffs’ Motion to Reconsider the Court’s Ruling on Defendant’s Traditional and No Evidence Motion for
Summary Judgment (Texas College)."
4) 3/17/15 - "Order Denying Plaintiffs’ Emergency Motion to reopen Summary Judgment Record and Request for Leave to Supplement
Evidence”
Items 1,3 and 4 were designated by Plaintiffs but do not appear in the record. Item 2 was designated by defendant MPF but does not appear
in the record. We would like your guidance on the most efficient path to rectifying this situation and creating a full and corrected record as this
will impact our briefing deadline to the appeals court. Please advise at your earliest. Thank you.
Ernesto
________________________________________________
Ernesto Sigmon
SIGMON LAW, PLLC
Houston | Dallas
2929 Allen Parkway
Suite 200
Houston, Texas 77019
(P) 832.871.5723
(M) 214.395.1546
(F) 713.485.6056
esigmon@esigmon.com
NOTICE: This e-mail and/or attachment is for the sole use of the intended recipient(s) and may contain confidential
and/or legally privileged information. Any unauthorized review, use, disclosure or distribution of this communication is
expressly prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all
copies of the original message.
From: Linda Rhymes lrhymes@smith-county.com
Subject: RE: 13-3353-A Clerk's Record
Date: July 2, 2015 at 3:00 PM
To: Ernesto Sigmon esigmon@esigmon.com
Mr. Sigmon:
Can you put this on your letter heard and style it as Request for Supplemental Clerk’s Record.
Thanking you in advance,
Linda Rhymes
From: Ernesto Sigmon [mailto:esigmon@esigmon.com]
Sent: Thursday, July 02, 2015 2:48 PM
To: Linda Rhymes
Cc: stuart starry
Subject: 13-3353-A Clerk's Record
Importance: High
Linda
We are missing the following items from the record:
1) “Plaintiffs’ Motion to Reconsider its Ruling On Defendant MPF Investments, LLC D/B/A A-1
Rent All’s Traditional and No Evidence Motion for Summary Judgment and Objections to
Plaintiffs’ Summary Judgment Evidence with attached exhibits and affidavit from Dr. Samuel
Barnett” - Appearing on p. 4192 of the record (p. 3 of Plaintiffs’ Clerk Record Request).
2) "Defendant MPF Investments, LLC’s Response in Opposition to Plaintiffs’ Motion to
Reconsider the Court’s Ruling on Defendant’s Traditional and “No Evidence” Motion
for Summary Judgment (filed 3/19/15)” - Item 29 of MPF’s cross designation filed June 29th.
3) 3/17/15 - "Order Denying Plaintiffs’ Motion to Reconsider the Court’s Ruling on
Defendant’s Traditional and No Evidence Motion for Summary Judgment (Texas College)."
4) 3/17/15 - "Order Denying Plaintiffs’ Emergency Motion to reopen Summary Judgment
Record and Request for Leave to Supplement Evidence”
Items 1,3 and 4 were designated by Plaintiffs but do not appear in the record. Item 2 was
designated by defendant MPF but does not appear in the record. We would like your guidance on
the most efficient path to rectifying this situation and creating a full and corrected record as this
will impact our briefing deadline to the appeals court. Please advise at your earliest. Thank you.
Ernesto
________________________________________________
Ernesto Sigmon
SIGMON LAW, PLLC
Houston | Dallas
2929 Allen Parkway
Suite 200
Houston, Texas 77019
(P) 832.871.5723
(M) 214.395.1546
(F) 713.485.6056
esigmon@esigmon.com
From: Linda Rhymes lrhymes@smith-county.com
Subject: RE: 13-3353-A Clerk's Record
Date: July 2, 2015 at 3:44 PM
To: Ernesto Sigmon esigmon@esigmon.com
Mr. Sigmon:
Is it possible for you to email a copy of the filed stamp copy of what is missing from the record.
I have checked the physical file. I will address this on Tuesday when I returned to work.
Thanking you in advance,
Linda Rhymes
Appeals Clerk
903-590-1677
From: Ernesto Sigmon [mailto:esigmon@esigmon.com]
Sent: Thursday, July 02, 2015 2:48 PM
To: Linda Rhymes
Cc: stuart starry
Subject: 13-3353-A Clerk's Record
Importance: High
Linda
We are missing the following items from the record:
1) “Plaintiffs’ Motion to Reconsider its Ruling On Defendant MPF Investments, LLC D/B/A A-1
Rent All’s Traditional and No Evidence Motion for Summary Judgment and Objections to
Plaintiffs’ Summary Judgment Evidence with attached exhibits and affidavit from Dr. Samuel
Barnett” - Appearing on p. 4192 of the record (p. 3 of Plaintiffs’ Clerk Record Request).
2) "Defendant MPF Investments, LLC’s Response in Opposition to Plaintiffs’ Motion to
Reconsider the Court’s Ruling on Defendant’s Traditional and “No Evidence” Motion
for Summary Judgment (filed 3/19/15)” - Item 29 of MPF’s cross designation filed June 29th.
3) 3/17/15 - "Order Denying Plaintiffs’ Motion to Reconsider the Court’s Ruling on
Defendant’s Traditional and No Evidence Motion for Summary Judgment (Texas College)."
4) 3/17/15 - "Order Denying Plaintiffs’ Emergency Motion to reopen Summary Judgment
Record and Request for Leave to Supplement Evidence”
Items 1,3 and 4 were designated by Plaintiffs but do not appear in the record. Item 2 was
designated by defendant MPF but does not appear in the record. We would like your guidance on
the most efficient path to rectifying this situation and creating a full and corrected record as this
will impact our briefing deadline to the appeals court. Please advise at your earliest. Thank you.
Ernesto
________________________________________________
Ernesto Sigmon
SIGMON LAW, PLLC
Houston | Dallas
2929 Allen Parkway
Suite 200
Houston, Texas 77019
(P) 832.871.5723
(M) 214.395.1546
(F) 713.485.6056
esigmon@esigmon.com
From: Ernesto Sigmon esigmon@esigmon.com
Subject: Re: 13-3353-A Clerk's Record
Date: July 2, 2015 at 6:07 PM
To: Linda Rhymes lrhymes@smith-county.com
Cc: stuart starry stuart@starrylaw.com
Hi Linda
Absolutely. Please see the attached request correspondence and supporting files. Thanks for all your help and have an enjoyable 4th.
Best,
Ernesto
Clerk Letter Request
(Supp) 7.2.15
3:17 Orders.pdf
________________________________________________
Ernesto Sigmon
SIGMON LAW, PLLC
Houston | Dallas
2929 Allen Parkway
Suite 200
Houston, Texas 77019
(P) 832.871.5723
(M) 214.395.1546
(F) 713.485.6056
esigmon@esigmon.com
NOTICE: This e-mail and/or attachment is for the sole use of the intended recipient(s) and may contain confidential
and/or legally privileged information. Any unauthorized review, use, disclosure or distribution of this communication is
expressly prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all
copies of the original message.
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ACCEPTED
12-15-00121-CV
TWELFTH COURT OF APPEALS
TYLER, TEXAS
6/29/2015 5:13:54 PM
CATHY LUSK
CLERK
CAUSE NO. 13-3353-A
GARRY L. ROLLINS AND § IN THE DISTRICT COURT
CARLA D. ROLLINS, §
§
Plaintiffs, §
§
v. § SMITH COUNTY, TEXAS
§
TEXAS COLLEGE, CHRISTIAN §
METHODIST EPISCOPAL CHURCH §
AND MPF INVESTMENTS, LLC §
D/B/A “A-1 RENT ALL”, §
§
Defendants. § 7TH DISTRICT COURT
MPF INVESTMENTS, LLC’S
CROSS-DESIGNATION OF ITEMS FOR CLERK’S RECORD
In addition to the items Plaintiffs and Texas College have designated, Defendant MPF
Investments, LLC d/b/a A-1 Rent All requests that the clerk’s record on appeal from this cause
would include the following additional items:
1) First Amended Plaintiffs’ Original Petition (filed 1/21/14).
2) Original Answer (filed 5/27/14).
3) Defendant MPF Investments, LLC’s Motion for Leave to Designate Responsible
Third Party (filed 8/12/14).
4) Plaintiffs’ Objection to Defendant MPF Investments, LLC’s Motion for Leave to
Designate Responsible Third Party (filed 8/25/14).
5) Order Granting Defendant MPF Investments, LLC’s Motion for Leave to
Designate Responsible Third Party (signed 9/2/14).
6) MPF Investments, LLC’s Motion to Compel Plaintiffs to Respond to Written
Discovery and Brief in Support with all attachments (filed 10/1/14).
MPF INVESTMENTS, LLC’S CROSS-DESIGNATION Page 1
OF ITEMS FOR CLERK’S RECORD
7) Plaintiffs’ Motion to
Strike MPF Investments, LLC’s Designation of Responsible Third Party (filed 10/8/14).
8) Order on MPF Investments, LLC’s Motion to Compel Plaintiffs to Respond to
Written Discovery (signed 10/27/14).
9) Order Denying Plaintiffs’ Motion to Strike MPF Investments, LLC’s Designation
of Responsible Third Party (signed 10/27/14).
10) Defendant MPF Investments, LLC’s Response to Plaintiffs’ Motion to Strike
Responsible Third Party (filed 10/23/14).
11) Amended Answer (filed 11/13/14).
12) Supplemental Answer (filed 11/17/14).
13) Order Granting Summary Judgment (signed 12/9/14).
14) Motion for Severance (filed 12/15/14).
15) Agreed Motion (filed 12/30/14).
16) Severance (filed 1/6/15).
17) Order (signed 1/6/15).
18) MPF Investments, LLC’s Motion to Enforce Court Order on Written Discovery
and for Sanctions with all attachments (filed 1/26/15).
19) Defendant MPF Investments, LLC D/B/A A-1 Rent All and Texas College’s
Motion to Strike Expert Designations of Gilbert Martinez, Joe G. Gonzales, and Thomas M.
Roney (filed 1/26/15).
20) Plaintiffs’ Response to Defendant MPF Investments, LLC D/B/A “A-1 Rent All”
and Texas College’s Motion to Strike Expert Designations of Gilbert Martinez, Joe G. Gonzales,
and Thomas M. Roney (filed 2/3/15).
MPF INVESTMENTS, LLC’S CROSS-DESIGNATION Page 2
OF ITEMS FOR CLERK’S RECORD
21) Defendant MPF Investments, LLC D/B/A A-1 Rent All and Texas College’s
Reply to Plaintiffs’ Response to Motion to Strike Retained Experts Martinez, Gonzales, and
Roney (filed 2/6/15).
22) Plaintiffs’ Reply to Defendants’ Reply Regarding Defendant MPF Investments,
LLC D/B/A “A-1 Rent All” and Texas College’s Motion to Strike Expert Designations of Gilbert
Martinez, Joe G. Gonzales, and Thomas M. Roney (filed 2/9/15).
23) Defendant MPF Investments, LLC D/B/A “A-1 Rent All”’s Second Amended
Answer (filed 2/10/15).
24) Defendant MPF Investments, LLC’s Reply to Plaintiffs’ Response to Motion to
Enforce Court Order on Written Discovery and for Sanctions with attachments (filed 2/13/15).
25) MPF Investments, LLC’s Reply to Plaintiffs’ Response to Traditional and No-
Evidence Motion for Summary Judgment and Objections to Plaintiffs’ Summary Judgment
Evidence with attachments (filed 2/13/15).
26) Response (filed 2/10/15).
27) Order on Defendant MPF Investments, LLC D/B/A A-1 Rent All and Texas
College’s Motion to Strike Expert Designations of Gilbert Martinez, Joe G. Gonzales, and
Thomas M. Roney (signed 2/19/15).
28) Defendant MPF Investments, LLC’s Response in Opposition to Plaintiffs’
Emergency Motion to Reopen Summary Judgment Record and Request for Leave to Supplement
Evidence with attachments. (filed 3/12/15).
29) Defendant MPF Investments, LLC’s Response in Opposition to Plaintiffs’ Motion
to Reconsider the Court’s Ruling on Defendant’s Traditional and “No Evidence” Motion for
Summary Judgment (filed 3/19/15).
MPF INVESTMENTS, LLC’S CROSS-DESIGNATION Page 3
OF ITEMS FOR CLERK’S RECORD
30) A bill of costs.
Respectfully submitted,
MARTIN, DISIERE, JEFFERSON & WISDOM, L.L.P.
By: /s/ Levon G. Hovnatanian
Levon G. Hovnatanian
Texas Bar No. 10059825
hovnatanian@mdjwlaw.com
808 Travis, 20th Floor
Houston, Texas 77002
(713) 632-1700 – Telephone
(713) 222-0101 – Facsimile
By: /s/ Todd M. Lonergan
Todd M. Lonergan
Texas Bar No. 12513700
lonergan@mdjwlaw.com
808 Travis, 20th Floor
Houston, Texas 77002
(713) 632-1700 – Telephone
(713) 222-0101 – Facsimile
By: /s/ Ryan K. Geddie
Ryan K. Geddie
Texas Bar No. 24055541
geddie@mdjwlaw.com
Tollway Plaza One
16000 N. Dallas Parkway, Suite 800
Dallas, Texas 75248
(214) 420-5500 – Telephone
(214) 420-5501 – Facsimile
ATTORNEYS FOR APPELLEE
MPF INVESTMENTS, LLC D/B/A "A-1 RENT ALL"
MPF INVESTMENTS, LLC’S CROSS-DESIGNATION Page 4
OF ITEMS FOR CLERK’S RECORD
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the above and foregoing MPF
Investments, LLC’s Cross-Designation of Items for Clerk’s Record has been forwarded to the
individuals listed below, by the methods indicated, on this 29th day of June, 2015.
Ernesto D. Sigmon
WALKER SIGMON
416 West Saulnier Street
Houston, Texas 77019
(via e-filing and e-mail at esigmon@esigmon.com)
(Attorney for appellants Garry L. Rollins and Carla D. Rollins)
Trey Yarbrough
YARBROUGH WILCOX GUNTER, PLLC
100 East Ferguson, Suite 1015
Tyler, Texas 75702
(via e-filing and e-mail at Trey@yw-lawfirm.com)
(Attorney for appellee Texas College)
Ms. Lois Rogers, District Clerk
SMITH COUNTY
100 N. Broadway Avenue
Tyler, TX 75202
(via e-filing and U.S. Mail)
Ms. Cathy Lusk, Clerk
TWELFTH COURT OF APPEALS
1517 West Front Street
Suite 354
Tyler, Texas 75702
(via e-filing)
/s/ Levon G. Hovnatanian
Levon G. Hovnatanian
MPF INVESTMENTS, LLC’S CROSS-DESIGNATION Page 5
OF ITEMS FOR CLERK’S RECORD