Vicky Troung v. Huong Nguyen ( 2015 )

ESSIV1YER)
&EmNiEL.Rc.
5111 Center Street, Houston, Texas 77007
713-869-1155 Phone 713-869-8957 Facsimile
Michael M. Essmyer Of Counsel Frank B. Daniel
messmyef@essniYerdoniel.com CHARLES W. BAILEY, MD, JO ssmyerdaniel.com
713-898-1320 Cellular ROBERT B. WALLIS 281-768-7205 Direct
April 29, 2015
Via Certified Mail
Michelle Tucker
Court Reporter, 80th Civil District Court
201 Caroline, 9th Floor
Houston, Texas 77002
Re: Cause No. 2012-62792; Truong v. Nguyen.; In the 80th Judicial District Court of Harris
County, Texas, Texas First Court of Appeals No. 01-15-00082-CV.
Dear Ms. Tucker:
Plaintiff Vicky Truong filed a notice of appeal to the First Court of Appeals, (1st Court of
Appeals Cause No. 01-15-00082-CV), from the Trial Court's Final Judgment, signed on October 24,
2014. Plaintiff requested by letter of January 16, 2015, copy attached hereto as Exhibit 1, that you
prepare and file with the First Court of Appeals a full record of all recorded proceedings in the case
that you reported. This included all pre-trial and post-trial hearings, all trial proceedings and all
exhibits from the trial of this case, which occurred on October 7th, 2014.
We also inquired if you were in need of a deposit for the record that you may have
transcribed. We have been in touch telephonically, by e-mail and in person several times since that
date. While you have not asked for a deposit or given us a dollar amount, you assured our office that
a transcript would be prepared for the appeal. On February 25, 2015, the Court of Appeals sent a
late record letter to you. That letter is attached as Exhibit 2 hereto.
When the March 27, 2015 court reporter deadline passed, the Firm was assured that a letter
would be sent by you to the Court of Appeals explaining why the court reporter record was not yet
prepared. As a month has now passed, I am sending you this letter to find out the status of the record
preparation in this ease.
Please contact me at 713-869-1155 or on my cell phone at 832-627-8794
Very truly yours,
Frank B. Daniel
Cc: Texas Ist Courtof Appeals
John M. Causey, Hope & Causey, P.C.
W. Scott Galevan, Hope & Causey, P.C.
1EL, p.c.
5111 Center Street, Houston, Texas 77007
713-869-1155 Phone 713-869-8957 Facsimile
Michael M. Essmyer Of Counsel Frank B. Daniel
mes5rnver@essn1yerdaniel.con1 CHARLES W. BAILEY, MO, JD fdaniel@e55mverdoniel.com
713-898-1320Cellular ROBERT B.WALLIS 281-768,7205 Direct
January 16,2015
Via Certified Mail
Michelle Tucker
Court Reporter, 80th Civil District Court
201 Caroline, 9th Floor
Houston, Texas 77002
Re: Cause No. 2012-62792; Truong v. Nguyen.; In the 80•»th Judicial District Court of Harris County,
Texas
Dear Ms. Tucker:
Plaintiff Vicky Truong has today filed a notice of appeal to either the First or Fourteenth Court of
Appeals from the Trial Court's Final Judgment, signed on October 24, 2014. Plaintiff requests that you
reported, if any, prepare and file withthe appropriate Court of Appeals a full record of all recorded proceedings
in this case that you reported, if any, including all proceedings and exhibits from the trial of this case on
October 7th, 2014 and the pre-trial and post-trial hearings.
Please let me know if you recorded any of the proceedings in this case or if you require a deposit for the
any record that you may have transcribed.
Please contact me at 713-869-1155 or on my cell phone at 832-627-8794 if you need any additional
information.
Very truly yours,
Michael M. Essmyer, Sr.
EXHIBIT 1
www.es5mverdoniel.com
Toll Free: 1-800-691-5571
FILE COPY
SherryRadack f<^fgi& ^H^k Christopher A. Prine
Chief Justice rc3liM!-&^ifftM Clerkofthe Court
Terry Jennings \^SsZ&0*F jf Janet'Williams
Evelyn Keyes \^t=S^f Chief Staff Attorney
Laura Carter Hicley
Jane Bland
Michael Massengale
COUrt Of Appeals
^"«* «. v* "^vuza
Phone: 713-274-2700
Fax. 713.755.813j
harvey brovvn First District
Rebeca Huddle mviiv.txtoiirts.gov/i5icbajispx
Russell Lloyd 301 Fannin Street
JUST,CES Houston, Texas 77002-2066
February 25,2015
Court Reporter 80th District Court
201 Caroline, 9th Fl
Houston, TX 77002
* DELIVERED VIA E-MAIL *
RE: Court of Appeals Number: 01-15-00082-CV Trial Court Case Number: 2012-
62792
Style: VickyTroung v. Huong Nguyen
Dear Reporter:
The reporter's record was due to be filed February 23, 2015, but it has not been received
for filing. See TEX. R. App. P. 35.1. Please file the reporter's record within 30 days of the date
of this notice. See TEX. R. APP. P. 37.3(a)(1).
Or, you may use the information sheet on the Forms page of the Court's website,
htrp://www.txcourts.gov/lstcoa, to notify my office that: (1) proceedings were not recorded; (2)
no party has requested a reporter's record; (3) the party responsible for paying for preparation of
the reporter's record has not paid the reporter's fee or has not made satisfactory arrangements to
paythe fee and, is not entitled to appeal without paying thefee, i.e., the party is not indigent. See
TEX. R. APP. P. 35.3 (b).
If either the reporter's record or a request for an extension of time is not filed by the due
date, this matter will be referred to the Court so it can make whatever order is appropriate to
avoid further delay and to preserve the parties' rights. See Tex. R. App. P. 37.3(a)(1).
Sincerely,
r
Christopher A. Prine, Clerk ofthe Court
By Noemi E. Hernandez, Deputy Clerk
EXHIBIT 2
FILE COPY
cc: Franklin Baldwin Daniel (DEUVERED VIA E-MAIL)
The Honorable Chris Daniel (DELIVERED VIA E-MAIL)
Judge 80th District Court (DELIVERED VTA E-MAIL)
Michael Essmyer Jr. (DELIVERED VIA E-MAIL)
John Causey (DELIVERED VTAE-MAIL)
hen riricu lyiHiLr
ESSMYER & DANIEL, PC
_ Attorneys At Law
5111 Center St. § "Y **=H >PITHEY BOWES
Houston, Texas 77007-3305
02 1P
713-869-1155 0001707890 APR 29 2015
gM^.^gSsgFTT'.
7006 0.150. 0001 SbS^ 0153
TM&effa* &«**) J%
**%
?oo22Psaes' 'lp''iW;'i«/''"^*i'i4/'»l»rf»»."rf|WjJvi/iHiF|M|,