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City of Pearland v. Juan Contreras

Citation: Not availableDocket: 01-15-00345-CV

Court: Court of Appeals of Texas; April 17, 2015; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Notice of Assignment on an Accelerated Appeal has been filed concerning Cause No. 68296, Juan Contreras vs. RMJ Miller Real Estate Holdings Ltd, et al., in the 23rd District Court. The appeal follows an order or judgment dated March 30, 2015, with the notice of appeal filed on April 15, 2015. There was no motion for a new trial filed nor an order overruling such a motion. A request for the clerk's record was submitted on April 15, 2015, while no request for a reporter’s record was made. The appeal is being handled via the TAMES portal, overseen by Judge Terry Flenniken, with court reporter Donna Reed present. The appellant is the City of Pearland, represented by attorney Patricia L. Hayden, whose contact details are provided, including her Texas Bar number.

Legal Issues Addressed

Absence of Motion for New Trial

Application: In this case, there was no motion for a new trial filed, nor any order overruling such a motion, indicating the appellant's direct move to appeal without seeking a trial reconsideration.

Reasoning: There was no motion for a new trial filed nor an order overruling such a motion.

Filing of Notice of Appeal

Application: The case involves an appeal that was initiated following an order or judgment entered on a specific date. The procedural aspect of filing the notice of appeal is acknowledged.

Reasoning: The appeal follows an order or judgment dated March 30, 2015, with the notice of appeal filed on April 15, 2015.

Non-Request for Reporter’s Record

Application: The appellant did not request a reporter’s record, which may affect the scope of the evidence considered in the appeal.

Reasoning: No request for a reporter’s record was made.

Representation and Jurisdiction

Application: The appeal is managed through the TAMES portal, with specified legal representation and court officials, underscoring the procedural and jurisdictional framework.

Reasoning: The appeal is being handled via the TAMES portal, overseen by Judge Terry Flenniken, with court reporter Donna Reed present.

Request for Clerk's Record

Application: The appellant made a formal request for the clerk's record, which is pivotal for the appeal proceedings, ensuring the necessary documents are reviewed.

Reasoning: A request for the clerk's record was submitted on April 15, 2015.