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Priscilla Villarreal-Trevino v. All Star Kids Day Care and Learning Center, Inc.

Citation: Not availableDocket: 04-20-00041-CV

Court: Court of Appeals of Texas; February 9, 2020; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Priscilla Villarreal-Trevino, the appellant, filed a notice of appeal on January 23, 2020, in the Fourth Court of Appeals in San Antonio, Texas, regarding a case against All Star Kids Day Care and Learning Center, Inc. The court clerk informed the appellant that the notice of appeal did not include a proper certificate of service to the court reporters responsible for the record, as required by Texas Civil Practice and Remedies Code section 51.017(a). The clerk instructed the appellant to submit an amended notice of appeal certifying proper service to the court reporters. An amended notice has not yet been filed. Consequently, the court ordered Jose Tellez to file the amended notice of appeal within ten days. If he fails to comply, a contempt order will be issued against him. The order was signed by Justice Beth Watkins and dated February 10, 2020.

Legal Issues Addressed

Amendment of Notice of Appeal

Application: The court instructed the appellant to submit an amended notice of appeal certifying proper service to the court reporters.

Reasoning: The clerk instructed the appellant to submit an amended notice of appeal certifying proper service to the court reporters.

Contempt Order for Non-compliance

Application: If the appellant fails to file the amended notice of appeal within the specified time, a contempt order will be issued against the appellant.

Reasoning: If he fails to comply, a contempt order will be issued against him.

Requirement for Certificate of Service in Notice of Appeal

Application: The appellant must include a proper certificate of service to the court reporters responsible for the record when filing a notice of appeal.

Reasoning: The court clerk informed the appellant that the notice of appeal did not include a proper certificate of service to the court reporters responsible for the record, as required by Texas Civil Practice and Remedies Code section 51.017(a).