Leibovitz v. Sequoia Real Estate Holdings, L.P.

Full title: JEFFREY LEIBOVITZ AND SEQUOIA FRANKFORD SPRINGS 23, L.P., Appellants v…

Court: Court of Appeals Fifth District of Texas at Dallas

Date published: Apr 23, 2014

No. 05-14-00125-CV (Tex. App. Apr. 23, 2014)

Opinion

No. 05-14-00125-CV

04-23-2014

JEFFREY LEIBOVITZ AND SEQUOIA FRANKFORD SPRINGS 23, L.P., Appellants v. SEQUOIA REAL ESTATE HOLDINGS, L.P., Appellee

ELIZABETH LANG-MIERS

On Appeal from the 116th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-11-14357

ORDER

Before the Court is appellants' April 21, 2014 emergency motion to supplement and correct the clerk's record. Appellants request the trial court clerk be directed to file a supplemental record containing:

•plaintiff's September 19, 2013 motion for entry of judgment and permanent injunction;
•defendant's September 19, 2013 motion to enter judgment; and
•defendant's October 25, 2013 letter to the court.

Appellants also request the clerk be directed to file a "properly paginat[ed]" clerk's record.

We have reviewed the clerk's record and have found the pagination to be proper. However, the clerk's record does not contain the above-listed documents, and volumes 5, 6, and 7 contain illegible pages. Accordingly, we GRANT appellants' motion to the extent we ORDER Dallas County District Clerk Gary Fitzsimmons to file, no later than May 2, 2014, a supplemental clerk's record containing the omitted items. We further ORDER Mr. Fitzsimmons to file corrected copies of volumes 5, 6, and 7 no later than May 2, 2014.

We DIRECT the Clerk of the Court to send a copy of this order to Mr. Fitzsimmons and the parties.

ELIZABETH LANG-MIERS

JUSTICE