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John and Sally Kosmatka v. Motostalgia, LLC Antonio Brunet And Motoreum, LLC
Citation: Not availableDocket: 03-22-00447-CV
Court: Court of Appeals of Texas; November 2, 2022; Texas; State Appellate Court
Original Court Document: View Document
The Texas Court of Appeals, Third District, has reinstated the appeal of John and Sally Kosmatka against Motostalgia, LLC, Antonio Brunet, and Motoreum, LLC, originally dismissed due to procedural issues. The dismissal occurred because the trial court clerk did not file the clerk’s record due to the Kosmatkas’ failure to pay the requisite fees and submit a timely status report. The appellants claimed that a former paralegal mistakenly verified payment for the court reporter’s record instead of the district clerk’s record, leading to this oversight. Once the error was identified after the dismissal, the Kosmatkas took corrective measures, and the clerk’s record was subsequently filed. The Court granted the motion for rehearing, allowing the Kosmatkas 30 days from the date of the order, November 2, 2022, to file their brief. The order was issued per curiam and signed by Chief Justice Byrne and Justices Triana and Smith.