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Metropolitan Insurance and Annuity Company and Metropolitan Life Insurance Company v. Peachtree Settlement Funding, LLC

Citation: Not availableDocket: 01-15-00147-CV

Court: Court of Appeals of Texas; April 14, 2015; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

This case involves an appeal by Peachtree Settlement Funding, LLC, in a dispute with Metropolitan Insurance and Annuity Company and Metropolitan Life Insurance Company. The appeal arises from a proceeding in the 234th Judicial District Court of Harris County, Texas. The appellant, represented by Patrick P. Sicotte, identified several pertinent documents omitted from the original Clerk's Record, filed on April 2, 2015. These documents include notices, orders, and responses related to Peachtree's Motion for New Trial and other procedural matters. Peachtree formally requested the District Clerk to supplement the record with these documents to ensure a complete and accurate appellate review. The request underscores the significance of adhering to procedural rules for filing and record maintenance in appellate proceedings. Peachtree also requested prompt action and provided necessary contact information for further communication regarding the supplemental record's production cost. The outcome of this request will influence the appellate court's ability to review all relevant materials in rendering a decision.

Legal Issues Addressed

Requests for Judicial Notice and Filing Procedures

Application: Peachtree Settlement Funding, LLC, submitted a formal request to the District Clerk for the addition of omitted documents, demonstrating adherence to procedural rules for filing and notice.

Reasoning: A request was made by Patrick P. Sicotte, representing Peachtree Settlement Funding, LLC, to the Harris County District Clerk for the supplementation of the Clerk’s Record in the appeal case.

Supplementation of Clerk's Record on Appeal

Application: The appellant, Peachtree Settlement Funding, LLC, sought supplementation of the Clerk's Record to include specific documents omitted from the original filing.

Reasoning: Peachtree identifies several specific documents that were omitted from the original Clerk's Record filed on April 2, 2015, and requests their inclusion.