From Casetext: Smarter Legal Research

Retzlaff v. Klein

Fourth Court of Appeals San Antonio, Texas
Jun 12, 2017
No. 04-16-00675-CV (Tex. App. Jun. 12, 2017)

Opinion

No. 04-16-00675-CV

06-12-2017

Tom RETZLAFF, Appellant v. Philip R. KLEIN, Klein Investigations & Consulting, and James W. Landess, Appellees


From the 73rd Judicial District Court, Bexar County, Texas
Trial Court No. 2014-CI-17145
Honorable Antonia Arteaga, Judge Presiding

ORDER

Sitting: Karen Angelini, Justice Patricia O. Alvarez, Justice Irene Rios, Justice

This is an appeal from the trial court's effective denial of a motion to dismiss under Chapter 27 of the Texas Civil Practice and Remedies Code, the Texas Citizens Participation Act. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(12) (West Supp. 2016). This appeal is fully briefed and was formally submitted to the court on June 9, 2017.

Rulings on Motions

On April 28, 2017, appellant filed a motion for judicial notice asking this court to take judicial notice of the opinion, judgment, and mandate issued by the Ninth Court of Appeals in appellate cause number 09-17-00134-CV, styled Morgan v. Johnson-Todd. On May 1, 2017, and on May 24, 2017, appellant filed two separate supplemental motions asking this court to take judicial notice of an order signed on April 28, 2017, and filed in the County Court at Law No. 1 in Jefferson County, Texas, cause number 126,841, styled Morgan v. Johnson-Todd.

On May 9, 2017, appellant filed a motion for judicial notice asking this court to take judicial notice of a motion that is currently pending in this case in the trial court. The motion, which was filed by appellant, asks the trial court to declare appellees' counsel a vexatious litigant.

In order for an appellate court to take judicial notice of a fact, the fact must be relevant. Freedom Comm'n, Inc. v. Coronado, 372 S.W.3d 621, 623-24 (Tex. 2012). Because appellant's motions and supplemental motions for judicial notice do not involve facts relevant to this appeal, the motions are DENIED.

On May 3, 2017, appellant filed a motion to tax costs for the clerk's record against appellees. The motion is DENIED.

On June 7, 2017, appellant filed an emergency motion asking the court to strike a letter filed by appellees' counsel on June 6, 2017 and to sanction appellees' counsel. The emergency motion is DENIED.

In the letter, appellees' counsel suggests that appellant may have had ex parte communications with the court. No such ex parte communications have transpired.

On June 12, 2017, appellant filed a motion for access to the attorney portal features accessible through the court's website. The motion is DENIED.

On May 19, 2017, appellees filed a second motion to dismiss this appeal for lack of a prefiling order. The motion is DENIED.

Advisory to the Parties and Counsel

Despite the fact that this appeal has been fully briefed, the parties continue to file numerous documents in this appeal. The parties and counsel are instructed that all future filings in this appeal must comply with Rules 8.3, 8.4, and 8.5 of the court's local rules. Specifically, Rule 8.3 allows a party to file "a letter containing additional citations with succinct comment, at any time without leave of court." 4TH TEX. APP. (SAN ANTONIO) Loc. R. 8.3 (emphasis added). Rule 8.4 provides that if a party wishes to amend or supplement its brief, the party must obtain the court's permission. Id. R. 8.4. Similarly, Rule 8.5 provides if a party wishes to file a post-submission brief that has not been requested by the court, the party must obtain the court's permission. Id. R. 8.5. Any filings made in violation of Rules 8.3, 8.4, and 8.5 will not be considered by the court.

As previously stated, this appeal was submitted to the court on June 9, 2017. The court has been provided with ample briefing and authorities to determine the issues presented in this appeal. The court will issue its opinion and judgment as soon as possible, and the clerk of the court will inform the parties and/or their counsel of the court's decision.

PER CURIAM It is so ORDERED on June 12, 2017. ATTESTED TO: /s/_________

Luz Estrada

Chief Deputy Clerk


Summaries of

Retzlaff v. Klein

Fourth Court of Appeals San Antonio, Texas
Jun 12, 2017
No. 04-16-00675-CV (Tex. App. Jun. 12, 2017)
Case details for

Retzlaff v. Klein

Case Details

Full title:Tom RETZLAFF, Appellant v. Philip R. KLEIN, Klein Investigations …

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Jun 12, 2017

Citations

No. 04-16-00675-CV (Tex. App. Jun. 12, 2017)