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Joan Johnson, Kaleta Johnson, Seth Johnson and Wirt Blaffer v. Michael Phillips, Spindle Top Publishing, and Phillips Akers Womac, P.C.
Citation: Not availableDocket: 01-15-00173-CV
Court: Court of Appeals of Texas; June 26, 2015; Texas; State Appellate Court
Original Court Document: View Document
A request for assistance has been submitted to the Harris County District Clerk regarding the appeal in the libel case of Joan Johnson, et al. v. Michael Phillips, et al., which is ongoing in the First Court of Appeals in Houston, Texas. The Johnson Parties allege defamation through a 296-page book titled "Monster in River Oaks," while the Phillips Parties defend the book's content as privileged, asserting it accurately recounts a 2008 civil trial. Despite multiple requests from both parties for the inclusion of two joint exhibits—the book and the complete 2008 trial transcript—neither has been filed in the appellate record. The Johnson Parties initially requested these exhibits on February 27, 2015, and after failed attempts to include them in subsequent filings, both parties jointly reiterated their request on June 1, 2015. Although the trial transcript was eventually filed on June 17, 2015, the book remains absent, impeding the appeal's progress. Furthermore, the attorney for the Phillips Parties received an invoice for $2,583 related to the filing of the trial transcript, which they argue should be charged to the Johnson Parties, as they were the first to request its inclusion. Records should be updated to invoice the full cost of the Clerk's Record, which includes Joint Exhibit 1 (the book) and Joint Exhibit 2 (the 2008 trial transcript), as expenses charged to the Appellants, the Johnson Parties. Attorney Patrick Zummo has been informed. Additionally, the Clerk's Record must be completed by filing a complete copy of Joint Exhibit 1 with the First Court of Appeals. A personal note from William W. Ogden expresses frustration with electronic filing and offers to deliver hard copies of the exhibits in person to ensure proper filing. The correspondence also outlines a balance due of $2,583.00 for the Supplemental Clerk's Record, detailing the costs and deductions. Payment can be made via check or money order to the District Clerk, with instructions provided for both mail and in-person delivery. This letter serves as the only notice regarding the payment.