Narrative Opinion Summary
An order was issued on April 27, 2015, by the Court of Appeals for the Fifth District of Texas at Dallas in case No. 05-13-00170-CV involving Eric Drake as the appellant against Consumers County Mutual Insurance and Travelers Indemnity Company as appellees. The court reviewed the clerk's record and noted that it did not include the appellant's response to the appellees' motion for summary judgment, submitted on September 13, 2012. Consequently, the court ordered Felicia Pitre, the Dallas County District Clerk, to file a supplemental clerk's record within five days that includes this missing response. The order was signed by Justice Michael J. O'Neill.
Legal Issues Addressed
Appellate Procedure for Incomplete Recordssubscribe to see similar legal issues
Application: The appellate court identifies deficiencies in the clerk's record and takes corrective action to ensure a complete record for proper appellate review.
Reasoning: The court reviewed the clerk's record and noted that it did not include the appellant's response to the appellees' motion for summary judgment, submitted on September 13, 2012.
Supplemental Clerk's Record Requirementsubscribe to see similar legal issues
Application: The court mandates the filing of a supplemental clerk's record when critical documents are missing from the original record submitted for appellate review.
Reasoning: Consequently, the court ordered Felicia Pitre, the Dallas County District Clerk, to file a supplemental clerk's record within five days that includes this missing response.