J.M. Arpad Lamell v. OneWest Bank, FSB, a Foreign Corporation, 14-14-00175-CV

J.M. Arpad Lamell v. OneWest Bank, FSB, a Foreign Corporation

14-14-00175-CV

| Tex. App. | Feb 18, 2015

Check Treatment

*0 FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 2/18/2015 4:56:06 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 14-14-00175 FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 2/18/2015 4:56:06 PM CHRISTOPHER PRINE CLERK February 18, 2015

The Honorable Christopher A. Prine

Clerk of the Fourteenth Court of Appeals

301 Fannin St.

Houston, TX 77002

Re: Omissions in 4th Supplemental Clerk’s Record - J M Arpad Lamell v. OneWest

Bank FSB , Case No. 14-14-00175-CV

Dear Mr. Prine:

Please see the attached copy of my letter sent this day to the Harris County District

Clerk regarding omissions in the 4th Supplemental Clerk’s Record recently filed

with the Court.

Regards,

/s/ J. M. Arpad Lamell

J M Arpad Lamell, pro se

5131 Glenmeadow Drive

Lamell@alum.mit.edu

713 857 2483

cc: Thomas A. Hanson, Esq. Appellee’s Counsel

J. M. Arpad Lamell

CERTIFICATE OF SERVICE I hereby certify that on February 18, 2015, a true and correct copy of the foregoing letter was sent by e-service/e-mail to Mr. Thomas Hanson, lead counsel

for Appellee OneWest to the address as shown below.

/s/ J. M. Arpad Lamell Via: TexFile e-service and e-mail.

To: Thomas M. Hanson

DYKEMA

Commercia Bank Tower

1717 Main Street, Ste. 4000

Dallas, TX 75201

(214) 462-6420 telephone (214) 462-6401 telecopier thanson@dykema.com

www.dykema.com

Counsel for Appellee OneWest Bank

February 18, 2015

Chris Daniel, District Clerk

Harris County, Texas

Civil/Family Post Trial

201 Caroline, Suite 250

P.O. Box 4651

Re: Omissions in 4th Supplemental Clerk’s Record - Case No. 14-14-00175-CV

J M Arpad Lamell v. OneWest Bank FSB , Cause No. 2010-11491

Dear Mr. Daniel:

I am writing to call your attention to omissions in the 4th Supplemental Clerk’s

Record recently filed in appellate case J M Arpad Lamell v. OneWest Bank, FSB,

No. 14-14-00175-CV. This is an appeal of the summary judgment decision of the

127 District Court of Harris County in Cause No. 2010-11491.

I received notice from the Court of Appeals by mail on February 13 that the 4th

Supplemental Clerk’s Record had been filed in my appellate case. I was able to

pick up a copy of this supplement on Tuesday, after the Presidents’ Day holiday

weekend.

Upon reviewing this copy, I discovered that a few of the items I had requested had

somehow been omitted from the 4th Supplemental Clerk’s Record as filed with the

Court of Appeals. With the case set for submission on February 24th, this has now

become a matter of some urgency.

The following requested items were omitted:

1. January 9, 2015 “Order to Re-establish Lost Filing” (Image No. 63810997) 2. Docket Control Order of 01/08/2013 (Image No. 5446949) 3. August 2012 Clerk’s Certificate of Deposit in Lieu of Supersedeas Bond. 4. December 2012 Clerk’s Certificate of Deposit in Lieu of Supersedeas Bond.

I appreciate your patience and cooperation in addressing my several previous

requests for supplementation. I apologize to the extent that my inexperience in this

process may have made things especially challenging for your office. The Court,

for its part, has been most gracious and generous in granting the necessary

extensions to process these requests.

I have visited personally with Mr. Gilmore and Ms. Wojcik to review this last

request and they were most helpful and courteous. Despite their best intentions and

efforts, however, it seems that the above-listed items failed to make it into the 4th

Supplemental Clerk’s Record . I sincerely hope the omitted items can be processed

and submitted to the Court on a priority basis in time for its consideration of my

appellate matter.

Would you please include the above referenced items in an Amended 4th

Supplemental Clerk’s Record as soon as possible so that the amended supplement

can be available to the Justices prior to submission?

Since it does not appear I had been charged for the omitted items, please let me

know as soon as possible what additional charges will be required for the pages to

be added. I will then make the necessary payment immediately.