Opinion
04-22-00194-CV
10-31-2022
Jerry A. Guzzetta v. Brimhall LQ, LLC d/b/a La Quinta Hotel
From the 285th Judicial District Court, Bexar County, Texas Trial Court No. 2012-CI-14775 Honorable John D. Gabriel Jr., Judge Presiding
ORDER
Patricia O. Alvarez, Justice
Intervenor Stolmeier has alleged that several documents were incorrectly omitted from the clerk's record, though the parties designated no items to be included. We ordered Intervenor Stolmeier to show cause why the omitted documents should have been included under Rule 34.5(a). Having received Intervenor Stolmeier's response, we disagree that the complained-of documents should have been included under Rule 34.5(a). See Tex. R. App. P. 34.5; Tex. R. Civ. Proc. 45, 47, 60; Gordon v. S. Tex. Youth Soccer Ass'n, Inc., 623 S.W.3d 25, 36-37 (Tex. App.-Austin 2021, pet. denied).
However, in construing Intervenor Stolmeier's response under subsections (b) and (c) of Rule 34.5, we cannot say that the documents are irrelevant or that, considering the trial court's judgment, they are unnecessary. See Tex. R. App. P. 34.5(b), (c); Jackson v. State, 562 S.W.3d 717, 725 (Tex. App.-Amarillo 2018, no pet.). Therefore, Appellant remains the responsible party for the cost of preparing the record. See O'Connor's Texas Civil Appeals ch. 6-B § 6.1(2) (Alessandra Ziek Beavers ed., 2022 ed.) (citing Tex.R.App.P. 34.5(b)(3)).
Accordingly, we direct the trial court clerk to prepare, certify, and file the following supplemental documents without charging Intervenor Stolmeier:
1. Second Supplemental Corrected Intervenor's Reply to Guzzetta and Brimhall's Response to Intervenor's Motion to be Paid His Litigation Costs, Expenses and Attorney's Fee from the Court Registry (1/19/2021)
2. Intervenor's Summary of the Court Hearing on October 13, 2021, All Parties and Their Cause of Actions and Claims Filed Under Cause No. 2012-CI-14775 Were Dismissed with Prejudice on November 9, 2017 (10/29/2021)
3. Intervenor's Supplement to Summary of the Court Hearing on October 13, 2021, All Parties and Their Causes of Actions and Claims Filed Under Cause No. 2012-CI-14775 Were Dismissed with Prejudice on November 9, 2017 (12/15/2021).
We also order the clerk of this court to direct the trial court clerk to re-scan the following incomplete documents from the record:
1. Exhibit H of Defendant Brimhall LQ LLC D/B/A La Quinta Hotel's Motion to Compel Authorizations (1 CR 398-400)
2. Exhibits from Fourth Amended Plea in Intervention (1 CR 629-41)
3. Exhibit B of Plaintiff's Response to Stolmeier Law's First Supplemental Request for Temporary Injunction, Specific Performance of Contracts, Declaratory Injunction, Specific Performance of Contracts, Declaratory Judgment, and Constructive Trust or Deposit in Registry of the Court (1 CR 800-01)
4. Affidavit for Intervenor's Motion for Relief Under Court Order of April 7, 2017, and Sanctions Against Guzzetta (1 CR 886-89)
5. Exhibit A of Intervenor's Motion to Except Former Client, and Mediation Confidentiality ( 1 CR 921-22)
6. Exhibit A of Intervenor's First Supplemental Motion to Except Former Client, and Mediation Confidentiality, If Any (1 CR 936-37)
7. Exhibits from Intervenor's Motion for Sanctions Relief Under Court Order of April 7, 2017, and Sanctions Against Guzzetta (2 CR 1368-82)
8. Affidavit for Intervenor's Response to Movant, Brimhall LQ LLC D/B/A La Quinta Hotel's Motion for Summary Judgment/Declaratory Relief and to Interpleader of Settlement Proceeds in Court's Registry (2 CR 1391-93)
9. Exhibit A of Intervenor's Motion for Leave to File Supplemental Response, Affidavit and Attached Evidence to Brimhall's Motion for Summary Judgment (2 CR 1422-27)
10. Exhibits for Intervenor's Supplemental Response, Affidavit and Evidence to Brimhall's Motion for Summary Judgment Against Guzzetta (2 CR 1433-1526)
11. Intervenor Patrick J. Stolmeier's Affidavit in Support of Intervenor's Motion to Modify Guzzetta's Notice of Nonsuit Without Prejudice to Dismissal with Prejudice Under the Mediation Settlement Agreement Dated June 27, 2016, and for Sanctions (1668-1783)
12. Intervenor's Supplement to His Affidavit, and Response to Guzzetta's Legal Authority and Objections to Intervenor's Affidavit (2 CR 1832-1863)
13. Exhibit A of Intervenor's Motion to Enforce Mediation Settlement Agreement and Dismiss Plaintiff's Claims with Prejudice (2 CR 1903-07)
14. Exhibits for Intervenor's Third Amended Motion to Amend or Reconsider Court Order of November 9, 2017, and Intervenor's Motion for Sanctions (2 CR 2037-47)
15. Exhibits for Intervenor's Fourth Amended Motion to Amend or Reconsider Court Order of November 9, 2017 (2 CR 2076-85)
16. Exhibits for Intervenor's Motion to Award Attorney Fees and Expenses (3 CR 2350-65)
17. Order Granting Motion for Leave to Deposit Money into the Court's Registry (3 CR 2585-90)See Tex R. App P. 34.5(d). The due date for the documents is November 11, 2022