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Holmes v. Jaafreh

TENTH COURT OF APPEALS
Jan 11, 2012
No. 10-11-00150-CV (Tex. App. Jan. 11, 2012)

Opinion

No. 10-11-00148-CV No. 10-11-00149-CV No. 10-11-00150-CV No. 10-11-00151-CV No. 10-11-00152-CV No. 10-11-00153-CV No. 10-11-00154-CV No. 10-11-00313-CV No. 10-11-00319-CV No. 10-11-00320-CV

01-11-2012

JUDITH HOCE HOLMES, Appellant v. SHIRLEY AL JAAFREH, Appellee


From the County Court at Law

Walker County, Texas

Trial Court Nos. 10499CV, 10500CV, 10501CV, 10517CV,

10518CV, 10519CV, 10520CV, 10537CV, 10597CV, and 10598CV


ORDER

Appellant has filed a motion to have the reporter's records "redone" and resubmitted and to have the reporter's audio records submitted to the Court. Appellant also requests that the deadlines for her briefs be reset.

Nos. 10-11-00148-CV, 10-11-00149-CV, 10-11-00150-CV, 10-11-00151-CV,

10-11-00152-CV, 10-11-00153-CV, and 10-11-00154-CV

The Court finds that these seven cases (trial court nos. 10499CV, 10500CV, 10501CV, 10517CV, 10518CV, 10519CV, and 10520CV) were jointly heard in the county court on April 4 and 5, 2011. The four-volume reporter's record filed on November 14, 2011 is the reporter's record for these seven cases. The Court further finds that these seven cases are substantially related and that Appellant may file a joint brief for them. Appellant's briefs (or joint brief) in these seven cases shall be filed no later than thirty days from the date of this order.

Appellant is correct that the caption for this reporter's record is inaccurate in that it includes appeal nos. 10-11-00313-CV and 10-11-00320-CV. Because the Court is aware of this inaccuracy and is aware that the reporter's record has recently been filed in nos. 10-11-00313-CV and 10-11-00320-CV, the Court will disregard this inaccuracy. And for these same reasons, it is not necessary that this reporter's record be "redone."

No. 10-11-00319-CV

The Court finds that this case (trial court no. 10597CV) was heard in the county court on June 1, 2011. The one-volume reporter's record filed on September 13, 2011 is the reporter's record for this case. The Court further finds that this case is substantially related to the above seven cases and that Appellant may include it in a joint brief with the above seven cases. Appellant's brief (or joint brief) in this case shall be filed no later than thirty days from the date of this order.

Nos. 10-11-00313-CV and 10-11-00320-CV

The reporter's records in these two cases (trial court nos. 10537CV and 10598CV, heard respectively on April 13, 2011 and June 28, 2011) were filed on January 5, 2012. The Court notes that these two cases appear to be substantially related and that Appellant may file a joint brief for these two cases.

Conclusion

Appellant's motion to have the reporter's records "redone" and resubmitted is denied without prejudice. Appellant's motion to have the reporter's audio records submitted to the Court is denied. Appellant's motion to reset the deadlines for the filing of her briefs is granted in part as set out above.

Appellant also vaguely asserts that the reporter's record "does not correspond to [her] memory of the proceedings." Rule of Appellate Procedure 34.6(e) governs inaccuracies in the reporter's record. See TEX. R. APP. P. 34.6(e). She does not identify the reporter's record (of the two that have been filed), nor is her allegation of inaccuracy adequate because of its lack of specificity. Because these allegations of an inaccurate reporter's record are vague and inadequate, the Court will not invoke Rule 34.6(e)(3).
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PER CURIAM Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins
Do not publish


Summaries of

Holmes v. Jaafreh

TENTH COURT OF APPEALS
Jan 11, 2012
No. 10-11-00150-CV (Tex. App. Jan. 11, 2012)
Case details for

Holmes v. Jaafreh

Case Details

Full title:JUDITH HOCE HOLMES, Appellant v. SHIRLEY AL JAAFREH, Appellee

Court:TENTH COURT OF APPEALS

Date published: Jan 11, 2012

Citations

No. 10-11-00150-CV (Tex. App. Jan. 11, 2012)