Narrative Opinion Summary
An order was issued by the Court of Appeals Fifth District of Texas on January 13, 2020, regarding the case Montgomery J. Bennett v. Matthew Zucker (No. 05-19-01445-CV). The notice of appeal references a final judgment made by Associate Judge Danielle Diaz on November 13, 2019, which affirmed the defendant's plea to the jurisdiction. However, the clerk’s record lacks a copy of this judgment. The court has ordered Dallas County District Clerk Felicia Pitre to submit either a supplemental clerk's record with the judgment or written verification that no judgment exists or cannot be located by January 23, 2020. The deadline for filing the appellant's brief on the merits has been suspended until further notice. The order will be communicated to Ms. Pitre and the involved parties.
Legal Issues Addressed
Plea to the Jurisdiction Affirmedsubscribe to see similar legal issues
Application: The court affirms the defendant's plea to the jurisdiction, indicating a decision on the court's authority to hear the case.
Reasoning: The notice of appeal references a final judgment made by Associate Judge Danielle Diaz on November 13, 2019, which affirmed the defendant's plea to the jurisdiction.
Requirement for Judgment Recordsubscribe to see similar legal issues
Application: The court requires a supplemental clerk's record to ensure the existence and availability of the judgment for the appellate review.
Reasoning: The court has ordered Dallas County District Clerk Felicia Pitre to submit either a supplemental clerk's record with the judgment or written verification that no judgment exists or cannot be located by January 23, 2020.
Suspension of Brief Filing Deadlinesubscribe to see similar legal issues
Application: The filing deadline for the appellant's brief is suspended pending further order, indicating procedural adjustments due to the missing judgment.
Reasoning: The deadline for filing the appellant's brief on the merits has been suspended until further notice.