C.A.U.S.E. (A Texas Unincorporated Nonprofit Association) v. Village Green Homeowners Association, Inc.

ACCEPTED
04-16-00329-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
8/30/2016 11:43:35 AM
KEITH HOTTLE
CLERK

Weber
CHRISTOPHERJ. WEBER

Christopher J.
A Li/n/[ed I./‘ab/I/'1y Company
Licensed in Texas and Illinois
e-mail: cweber@|ogcabin|aw.oom

THOMAS L. PLACIER
Attorneys at Law FILED
Licensed in Texas
4th COURT OF
IN
e-mail: tpIacier@Iogcabinlaw.oom APPEALS
9150 Dietz-Elkhorn Road SAN ANTONIO, TEXAS
Fair Oaks Ranch, Texas 78015-4904 SHANNON L. GREENAN
210-892-3176 Telephone 08/30/2016
Licensed in Texas
11:43:35 AM
830-981-9160 Teleeopier e-mail: sgreenan@logcabinlaw.com
KEITH E. HOTTLE
Clerk

August 30, 2016

The Honorable Donna Kay McKinney Via E-Service
Bexar County District Clerk
Attn: CIVIL APPEALS
Paul Elizondo Tower
101 W. Nueva St., Ste. 217
San Antonio, Texas 78205

Re: Cause No. 2015-CI-13299; C.A. U.S.E., (A Texas Unincorporated Nonprofit
Association) v. Village Green Homeowners Association, Inc.; In the 45"‘ Judicial

District Court of Bexar County, Texas

Request for Correcting the Clerk’s Record for Court of Appeals Number
04-16-00329-CV

Dear Ms. McKinney:

On or about June 7, 2016, Plaintiff submitted a request for the Clerk’s Record to be prepared
and submitted to the Fourth Court of Appeals, in congruence with TRAP 34.5(a).

Therein, Plaintiff sought the following, amongst other items:

10. Plaintiff C.A.U.S.E.’sMotion for Determination of Law Pursuant to Rules 175 and
248 of the Texas Rules of Civil Procedure and/or Alternatively Traditional Motion
for Partial Summary Judgment, filed 2/23/2016;
AND
13. Plaintiff C.A.U.S.E.’s Response to Defendant Village Green Homeowners
Association, Inc. ’s Traditional Motion for Final Summary Judgment, filed 3/7/2016.

Plaintiff also specifically requests that “all exhibits filed with the afore-referenced items be
included as a part of the Clerk’s Record as well”.

In a recent review of the Clerk’ s Record that was submitted to the Fourth Court of Appeals,
the following exhibits are missing from the afore-referenced requested items:
1. For Item 10, Exhibit SC (and the exhibits thereto, i.e. ‘A’ through ‘D’) is missing.
This Exhibit 5C should have been after Exhibit SB and before Exhibit 6, which
would equate with Record Page 3 89. Instead, there is a letter dated/filed on February
23, 2016, demonstrating a continuation of the exhibits. Exhibit 5C is 30 pages in
The Honorable Donna Kay McKinney
August 30, 2016
Page 2 of 2

length.

2. For Item 13, Exhibits ‘A’ through ‘D’), 6,7,8,9 (and
5C (and the exhibits thereto, i.e.
the exhibits thereto, i.e. 9(a) through 9(t)), and 10 (and exhibit 10(a)) are entirely
missing. Exhibit 5C is 30 pages in length. Exhibit 6 is 11 pages in length. Exhibit 7
is 20 pages in length. Exhibit 8 is 3 pages in length. Exhibit 9 is 35 pages in length.
Exhibit 10 is 7 pages in length.

Plaintiff is requesting that the Clerk’s Record be supplemented with a complete and accurate
version of Item 10 and Item 13 as delineated above, with all Exhibits included in their entirety, as
soon as possible. These Items, in their entirety, with all exhibits attached, are necessary and integral
to the appeal.

This request for corrections/supplementation to the Clerk’s Record is made pursuant to
TRAP 34.5(b), (c), (d) and 35.3.
Please notify Mr. Weber of any additional costs associated with the
corrections/supplementation of the Clerk’s Record so that arrangements can be made to pay for
same, as appropriate.

If there are any questions related to the foregoing, please contact Mr. Weber.

Very truly yours,

Shannon Greenan
/s/
Sharmon Greenan

cc: Clerk, Fourth Court of Appeals Via E—Service/210-335-2762

Shavonne L. Smith Via E-Service
Counsel for Defendant/Appellee