Shea Palavan v. Brian McCulley, TBW Development, LLC, and Boulevard Realty, LLC

ACCEPTED
01-15-00730-CV
FIRST COURT OF APPEALS
HOUSTON, TEXAS
12/31/2015 5:39:20 PM
CHRISTOPHER PRINE
CLERK

No. 01-15-00730-CV

FILED IN
IN THE COURT OF APPEALS FOR THE 1st COURT OF APPEALS
HOUSTON, TEXAS
FIRST DISTRICT OF TEXAS
12/31/2015 5:39:20 PM
CHRISTOPHER A. PRINE
Clerk
SHEA N. PALAVAN,
Appellant,
v.

BRIAN MCCULLEY ET AL.
Appellees,

On appeal from the County Court at Law Number 3 of Harris County, Texas
in Cause Nos. 1047954 and 1047954-002, Judge Linda Storey

APPELLANT’S MOTION TO TRANSFER SUPPLEMENTAL RECORD

Shea N. Palavan Sean M. Palavan
State Bar No. 24083616 State Bar No. 24058640
1616 South Voss Road, Suite 125 TALABI & ASSOCIATES, P.C.
Houston, Texas 77057 2909 Hillcroft Avenue, Suite 200
Telephone: (832) 623-6478 Houston, Texas 77057
Facsimile: (855) PALAVAN Telephone: (713) 266-0529
Email: shea@palavan.com Facsimile: (713) 266-2203
Email: spalavan@talabilawfirm.com

Attorneys for Appellant,
Shea N. Palavan
 Appellant, SHEA N. PALAVAN, hereby respectfully requests that this Court transfer in

the supplemental record that was previously ordered, and incorrectly filed into another appellate

case.

In support of this Motion, Appellant respectfully shows unto the Court the following:

1. On November 13, 2015, Appellant filed a proper request in the county court for a

supplemental record for this appeal.

2. A cost letter was subsequently issued on November 25, 2015, and Appellant made

payment in full on December 2, 2015.

3. On December 8, 2015, the County Clerk inadvertently and erroneously filed the

supplemental record into a previous appeal, cause no. 01-14-00604-CV, which has already been

closed. 1

PRAYER

WHEREFORE, Appellant hereby respectfully requests that this Court transfer the

supplemental record, erroneously filed in cause no. 01-14-00604-CV on December 8, 2015, into

the instant appeal as the First Supplemental Record.

December 31, 2015 /s/ Sean M. Palavan
Sean M. Palavan
State Bar. No. 24058640
TALABI & ASSOCIATES, P.C.
2909 Hillcroft Avenue, Suite 200
Houston, Texas 77057
Telephone: (713) 266-0529
Facsimile: (713) 266-0529
Email: spalavan@talabilawfirm.com

1
See Exhibit A
 Shea N. Palavan
State Bar. No. 24083616
1616 South Voss Road, Suite 125
Houston, Texas 77057
Telephone: (832) 623-6478
Facsimile: (855) PALAVAN
Email: shea@palavan.com

Attorneys for Appellant,
SHEA N. PALAVAN

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the above and foregoing
document has been served to all counsel of record via regular U.S. mail, certified mail, return
receipt requested, electronic filing, and/or facsimile on December 31, 2015, in accordance with
Rule 9.5 of the TEXAS RULES OF APPELLATE PROCEDURE:

/s/ Sean M. Palavan
Sean M. Palavan
TALABI & ASSOCIATES, P.C.

Counsel for Brian McCulley and John D. Herberger
TBW Development J D HERBERGER & ASSOCIATES, PC
Via E-service 11767 Katy Freeway, Suite 920
Houston, Texas 77079

Counsel for Boulevard Realty, LLC Timothy R. Ploch
Via E-service TIMOTHY R. PLOCH, P.C.
730 N. Post Oak Rd., Suite 100
Houston, Texas 77024