J.M. Arpad Lamell v. OneWest Bank, FSB, a Foreign Corporation

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ACCEPTED 14-14-00175 FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 2/18/2015 4:56:06 PM J. M. Arpad Lamell CHRISTOPHER PRINE CLERK FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 2/18/2015 4:56:06 PM February 18, 2015 CHRISTOPHER A. PRINE Clerk The Honorable Christopher A. Prine Clerk of the Fourteenth Court of Appeals 301 Fannin St. Houston, TX 77002 Re: Omissions in 4th Supplemental Clerk’s Record - J M Arpad Lamell v. OneWest Bank FSB, Case No. 14-14-00175-CV Dear Mr. Prine: Please see the attached copy of my letter sent this day to the Harris County District Clerk regarding omissions in the 4th Supplemental Clerk’s Record recently filed with the Court. Regards, /s/ J. M. Arpad Lamell J M Arpad Lamell, pro se 5131 Glenmeadow Drive Houston, TX 77096 Lamell@alum.mit.edu 713 857 2483 cc: Thomas A. Hanson, Esq. Appellee’s Counsel 5131 Glenmeadow Drive, Houston, TX 77096 1 J. M. Arpad Lamell CERTIFICATE OF SERVICE I hereby certify that on February 18, 2015, a true and correct copy of the foregoing letter was sent by e-service/e-mail to Mr. Thomas Hanson, lead counsel for Appellee OneWest to the address as shown below. /s/ J. M. Arpad Lamell J. M. Arpad Lamell Via: TexFile e-service and e-mail. To: Thomas M. Hanson DYKEMA Commercia Bank Tower 1717 Main Street, Ste. 4000 Dallas, TX 75201 (214) 462-6420 telephone (214) 462-6401 telecopier thanson@dykema.com www.dykema.com Counsel for Appellee OneWest Bank 5131 Glenmeadow Drive, Houston, TX 77096 2 J. M. Arpad Lamell February 18, 2015 Chris Daniel, District Clerk Harris County, Texas Civil/Family Post Trial 201 Caroline, Suite 250 P.O. Box 4651 Houston, TX 77210 Re: Omissions in 4th Supplemental Clerk’s Record - Case No. 14-14-00175-CV J M Arpad Lamell v. OneWest Bank FSB, Cause No. 2010-11491 Dear Mr. Daniel: I am writing to call your attention to omissions in the 4th Supplemental Clerk’s Record recently filed in appellate case J M Arpad Lamell v. OneWest Bank, FSB, No. 14-14-00175-CV. This is an appeal of the summary judgment decision of the 127 District Court of Harris County in Cause No. 2010-11491. I received notice from the Court of Appeals by mail on February 13 that the 4th Supplemental Clerk’s Record had been filed in my appellate case. I was able to pick up a copy of this supplement on Tuesday, after the Presidents’ Day holiday weekend. Upon reviewing this copy, I discovered that a few of the items I had requested had somehow been omitted from the 4th Supplemental Clerk’s Record as filed with the Court of Appeals. With the case set for submission on February 24th, this has now become a matter of some urgency. The following requested items were omitted: 1. January 9, 2015 “Order to Re-establish Lost Filing” (Image No. 63810997) 2. Docket Control Order of 01/08/2013 (Image No. 5446949) 3. August 2012 Clerk’s Certificate of Deposit in Lieu of Supersedeas Bond. 4. December 2012 Clerk’s Certificate of Deposit in Lieu of Supersedeas Bond. I appreciate your patience and cooperation in addressing my several previous requests for supplementation. I apologize to the extent that my inexperience in this 5131 Glenmeadow Drive, Houston, TX 77096 1 J. M. Arpad Lamell process may have made things especially challenging for your office. The Court, for its part, has been most gracious and generous in granting the necessary extensions to process these requests. I have visited personally with Mr. Gilmore and Ms. Wojcik to review this last request and they were most helpful and courteous. Despite their best intentions and efforts, however, it seems that the above-listed items failed to make it into the 4th Supplemental Clerk’s Record. I sincerely hope the omitted items can be processed and submitted to the Court on a priority basis in time for its consideration of my appellate matter. Would you please include the above referenced items in an Amended 4th Supplemental Clerk’s Record as soon as possible so that the amended supplement can be available to the Justices prior to submission? Since it does not appear I had been charged for the omitted items, please let me know as soon as possible what additional charges will be required for the pages to be added. I will then make the necessary payment immediately. Regards, /s/ J. M. Arpad Lamell J M Arpad Lamell, pro se 5131 Glenmeadow Drive Houston, TX 77096 Lamell@alum.mit.edu 713 857 2483 cc: Christopher Prine, Chief Clerk, Fourteenth Court of Appeal Thomas A. Hanson, Esq. Appellee’s Counsel 5131 Glenmeadow Drive, Houston, TX 77096 2 J. M. Arpad Lamell CERTIFICATE OF SERVICE I hereby certify that on February 18, 2015, a true and correct copy of the foregoing letter was sent by e-service/e-mail to Mr. Thomas Hanson, lead counsel for Appellee OneWest to the address as shown below. /s/ J. M. Arpad Lamell J. M. Arpad Lamell Via: TexFile e-service and e-mail. To: Thomas M. Hanson DYKEMA Commercia Bank Tower 1717 Main Street, Ste. 4000 Dallas, TX 75201 (214) 462-6420 telephone (214) 462-6401 telecopier thanson@dykema.com www.dykema.com Counsel for Appellee OneWest Bank 5131 Glenmeadow Drive, Houston, TX 77096 3