Vicky Troung v. Huong Nguyen, 01-15-00082-CV

Vicky Troung v. Huong Nguyen

01-15-00082-CV

Tex. App.

May 8, 2015

Check Treatment

Case Information

*1 Michael M. Essmyer messmyer@Dessmyerdoniel.com 713-898-1320 Callułor

Court Reporter, $80^{th}$ Civil District Court 201 Caroline, $9^{th}$ Floor Houston, Texas 77002 Re: Cause No. 2012-62792; Truong v. Nguyen; In the $80^{th}$ Judicial District Court of Harris County, Texas, Texas First Court of Appeals No. 01-15-00082-CV.

Dear Ms. Tucker:

Plaintiff Vicky Truong filed a notice of appeal to the First Court of Appeals, (1 $^{st}$ Court of Appeals Cause No. 01-15-00082-CV), from the Trial Court's Final Judgment, signed on October 24, 2014. Plaintiff requested by letter of January 16, 2015, copy attached hereto as Exhibit 1, that you prepare and file with the First Court of Appeals a full record of all recorded proceedings in the case that you reported. This included all pre-trial and post-trial hearings, all trial proceedings and all exhibits from the trial of this case, which occurred on October $7^{th}, 2014$ .

We also inquired if you were in need of a deposit for the record that you may have transcribed. We have been in touch telephonically, by e-mail and in person several times since that date. While you have not asked for a deposit or given us a dollar amount, you assured our office that a transcript would be prepared for the appeal. On February 25, 2015, the Court of Appeals sent a late record letter to you. That letter is attached as Exhibit 2 hereto.

When the March 27, 2015 court reporter deadline passed, the Firm was assured that a letter would be sent by you to the Court of Appeals explaining why the court reporter record was not yet prepared. As a month has now passed, I am sending you this letter to find out the status of the record preparation in this case.

Please contact me at 713-869-1155 or on my cell phone at 832-627-8794 Very truly yours,

Cc: Texas $1^{st}$ Court of Appeals John M. Causey, Hope & Causey, P.C. W. Scott Galevan, Hope & Causey, P.C.

S111 Center Street, Houston, Texas 77007 713-869-1155 Phone 713-869-8957 Facsimile

Michael M. Essmyer massmyer@essmyerdoniel.com 713-898-1220 Cellular

Of Counsel CRAKLS W. BAILLY, MD, JD RONEYT R. WALLIS January 16, 2015

Via Certified Mail

Michelle Tucker Court Reporter, $80^{th}$ Civil District Court 201 Caroline, $9^{th}$ Floor Houston, Texas 77002 Re: Cause No. 2012-62792; Truong v. Nguyen.; In the $80^{th}$ Judicial District Court of Harris County, Texas

Dear Ms. Tucker: Plaintiff Vicky Truong has today filed a notice of appeal to either the First or Fourteenth Court of Appeals from the Trial Court's Final Judgment, signed on October 24, 2014. Plaintiff requests that you reported, if any, prepare and file with the appropriate Court of Appeals a full record of all recorded proceedings in this case that you reported, if any, including all proceedings and exhibits from the trial of this case on October $7^{th}, 2014$ and the pre-trial and post-trial hearings.

Please let me know if you recorded any of the proceedings in this case or if you require a deposit for the any record that you may have transcribed.

Please contact me at 713-869-1155 or on my cell phone at 832-627-8794 if you need any additional information.

Very truly yours, Michelh. Seung, S. Michael M. Essmyer, Sr.

*3 www.essmyerdoniel.com Toll Free: 1-800-691-5571

*4 SHERRY RABACK Chief Justice TERRY JENNINGS EVELYN KEYES LAURA CARTER HIGLEY JANE BLAND MICHAEL MASSENGAlE HARVEY BROWN REBECA HUBOLE RUSSELL LLOYD JUSTICES

Court of Appeals First District 301 Fannin Street Houston, Texas 77002-2066

FILLE COPY

CHRISTOPHER A. PRINE Clerk of the Court JANEY WILLIAMS Chief Staff Attorney Phone: 713-274-2700 Fax: 713-755-8131 www.txcourts.gov/lstcoa.aspx

February 25, 2015 Court Reporter 80th District Court 201 Caroline, 9th Fl Houston, TX 77002

DELIVERED VIA E-MAIL*

RE: Court of Appeals Number: 01-15-00082-CV Trial Court Case Number: 201262792

Style: Vicky Troung v. Huong Nguyen Dear Reporter: The reporter's record was due to be filed February 23, 2015, but it has not been received for filing. See TEX. R. APP. P. 35.1. Please file the reporter's record within 30 days of the date of this notice. See TEX. R. APP. P. 37.3(a)(1).

Or, you may use the information sheet on the Forms page of the Court's website, http://www.txcourts.gov/lstcoa, to notify my office that: (1) proceedings were not recorded; (2) no party has requested a reporter's record; (3) the party responsible for paying for preparation of the reporter's record has not paid the reporter's fee or has not made satisfactory arrangements to pay the fee and, is not entitled to appeal without paying the fee, i.e., the party is not indigent. See TEX. R. APP. P. 35.3 (b).

If either the reporter's record or a request for an extension of time is not filed by the due date, this matter will be referred to the Court so it can make whatever order is appropriate to avoid further delay and to preserve the parties' rights. See TEX. R. APP. P. 37.3(a)(1).

Sincerely,

Christopher A. Prine, Clerk of the Court By Noemi E. Hernandez, Deputy Clerk

*5 cc: Franklin Baldwin Daniel (DELIVERED VIA E-MAIL) The Honorable Chris Daniel (DELIVERED VIA E-MAIL) Judge 80th District Court (DELIVERED VIA E-MAIL) Michael Essmyer Jr. (DELIVERED VIA E-MAIL) John Causey (DELIVERED VIA E-MAIL)