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Humitech Development Corp. v. Perlman

Court of Appeals of Texas, Fifth District, Dallas

December 18, 2013

HUMITECH DEVELOPMENT CORPORATION, AND EMIL LIPPE, JR., Appellants
v.
ALAN PERLMAN, MICHAEL PERLMAN, ET AL, Appellees

On Appeal from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. 09-09266-J

ORDER

LANA MYERS PRESIDING JUSTICE

On February 12, 2013, this Court ordered the Dallas County District Clerk "to file a supplemental clerk's record consisting of the full and complete arbitration record consisting of all filings in the arbitration and the court reporter's record and exhibits from the arbitration proceeding." The district clerk filed a supplemental clerk's record in this Court on March 11, 2013. However, it has since come to this Court's attention that the appellate record does not contain "the full and complete arbitration record." Accordingly, we ORDER the trial court to conduct a hearing and determine which parts, if any, of the arbitration record that were before the trial court are missing from the appellate record. If any part of the arbitration record that was before the trial court is missing from the appellate record, then we ORDER the trial court to determine whether the appellate record may be supplemented from the trial court's record or by agreement of the parties. If the parts of the arbitration record missing from the appellate record cannot be supplemented from the trial court's record or ...


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