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Toby Paul Couchman and Pro-Surv v. Elizabeth Cardona

Citation: Not availableDocket: 01-14-01000-CV

Court: Court of Appeals of Texas; May 28, 2015; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The Court of Appeals for the First District of Texas at Houston has issued a memorandum order regarding the appellate case involving Toby Paul Couchman and Pro-Surv against Elizabeth Cardona, assigned appellate case number 01-14-01000-CV and originating from the 189th District Court of Harris County under trial court case number 2014-29414. The order pertains to the necessity of an order of dismissal from a related prior suit for the appeal's consideration. The District Court Clerk is instructed to file a supplemental clerk’s record that includes the "Order Dismissing All Claims Against Defendants Toby Paul Couchman and Pro-Surv Pursuant to Plaintiff’s Notice of Nonsuit" from trial court case number 2014-12614, specifically Image No. 60802336. This supplemental record must be filed by June 5, 2015. The order was signed by Judge Laura Carter Higley on May 28, 2015.

Legal Issues Addressed

Filing of Supplemental Clerk's Record

Application: The District Court Clerk is mandated to file a supplemental clerk’s record that includes a specific order of dismissal by a set deadline to ensure the appellate process can continue.

Reasoning: The District Court Clerk is instructed to file a supplemental clerk’s record that includes the 'Order Dismissing All Claims Against Defendants Toby Paul Couchman and Pro-Surv Pursuant to Plaintiff’s Notice of Nonsuit' from trial court case number 2014-12614, specifically Image No. 60802336.

Necessity of Order of Dismissal for Appeal Consideration

Application: The court requires an order of dismissal from a prior related suit to proceed with the current appeal involving Toby Paul Couchman, Pro-Surv, and Elizabeth Cardona.

Reasoning: The order pertains to the necessity of an order of dismissal from a related prior suit for the appeal's consideration.