Motion to Cor. r. 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05- 20-00143-CV 

THEODORE SIMMONS, Appellant 

V. 

MIDLAND FUNDING, LLC,Appellee 

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On Appeal from the County Court at Law No. 3 Dallas County, Texas 

Trial Court Cause No. CC-19-01681-C 

Appellant's Motion To Correct The Reporter's Record Pursuant 

To TEX. R. CIV. PROC. 34.6 

TO THE HONORABLE JUDGES OF SAID COURT: 

12/9/20, 10:22 AM 

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COMES Appellant, Theodore Simmons, with this motion and in support of said 

motion offers the following: 

Page 1 of 5 
Motion to Cor. r. 12/9/20, 10:22 AM 

1.) On November 23, 2020,Appellant picked up the Reporter's Record in the above case 

and style, and immediately discovered fabrications in he Reporter's Record, complete 

omissions of Appellant's objections and arguments, incomplete objections by Appellant, 

objections by Appellant that are completely omitted, and spurious statements made by 

Appellant; 

2.) The Due Process Clause of the Texas Constitution as well as the Due Process Clause 

of the United States Constitution does not permit a recreation of an appeal record after 

the fact 

3. ) Appellant will now point out the errors, fabrications and m1ssmg objections, 

incomplete objections and incomplete objections and arguments made by Appellant as 

well as the spurious statements purported to be made by Appellant; 

4.) On Volume lof 1 of the RR, page 1 , line 15 states,"held in Greenville, Hunt County, 

Texas". It should state,"held in Dallas County, Texas"; 

5.) On Volume 1 of 1 of the RR, page 2, line 4-6 states, "Honorable Robert Fisher Fisher 

& Sanger SBOT #: 07043200 3231 Bryn Mawr Drive Dallas, Texas". It should state," 

Peter Newman SBOT 24106928 PO BOX 460568, Houston, Texas, 77056-8568; 

6.) Volume 1 of 1 of the RR, page 5, line states, "MR. Fisher: Robert Fisher for Midland 

Funding". It should state, Perter Newman: "Peter Newman for Midland Funding". 

7.) Volume 1 of 1 of the RR, page 5, line 8 States," THE COURT: I'm going to go off 

the record and let you guys go talk". It should state, MR. Simmons: " Your honor, I 

move for dismissal of the Plaintiff's case because the court does not have subject matter 

jurisdiction over a case were Plaintiff does not show up. Subject matter jurisdiction must 

exist at every stage of the proceeding. It takes a Plaintiff and a Defendant to be before 

the Court in order for the there to be a controversy. There is no Plaintiff before the Court 

and there are no competent fact witness before the Court for Plaintiff. Plaintiff's lawyer 

is here but he is not a party to this case and nothing he say is competent nor is it 

evidence. Plaintiff's counsel cannot prosecute a contested claim for the the Plaintiff and 

nor can he admitted evidence because he cannot lay foundation and nor can he testify to 

the record keeping of Credit One Bank. MR. Simmons: "I need a ruling your honor". 

The Court: " Duly noted". MR. Simmons: " I need a ruling your honor". The Court:" 

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Motion to Cor. r. 12/9/20, 10:22 AM 

Move on". MR. Simmons: "Your honor, I need a ruling". The Court:" Over ruled". 

The Court: "I'm going to go off the record and let you guys go talk" MR. Simmons:" I 

object to going off the record"; 

8.) Volume 1 of 1 of the RR, on page 6, line 9 states MR. Simmons: "I understand". It 

should state, MR. Simmons: "At this point this Court does not have a Plaintiff before it, 

it does not have a contract before it, it does not have an assignment of a contract before 

it from Credit One Bank identifying a contract between me and Credit one Bank that has 

been assigned to Plaintiff the alleged Plaintiff is not here and what Plaintiff's counsel 

brings before this Court is an Affidavit by Jane Keller, with attached purported business 

record, which is inadmissible because she is incompetent to lay foundation for the 

documents attached and she is incompetent to testify about the record keeping of a 

Capitol One Bank, and affidavits cannot be admitted at trial over a party objection 

because it cannot be crossed examine and such denies due process. I object to Jane 

Kellner's affidavit based on hearsay and conclusions without facts to support the 

conclusions. The Court: "Over ruled". 

9.) Vol. 1 of 1 of the RR, on page 8, line 2 -5, states: MR. Simmons: "Okay". "Then I'm 

going to object to that, because if your saying-either way, a jury trial demand has been 

filed. I have a due process right to that. It should say, "Objection". "The facts are in 

dispute." If there are no facts in dispute why are we having a bench rial" ?; "You have 

trials when facts are in dispute and the facts are disputed;" I filed a jury trial demand, 

and I have a due process right to that." 

10.) Vol. 1 of 1 of the RR, on page 9, line 1 states MR. Simmons: "Okay". It should 

state, MR. Simmons: "Objection". "The bill of sale is part of the business record and it 

is hearsay", and I move to strike it. The Court. "Over ruled." 

Appellant, Theodore Simmons, declare and inform this Court, that the remaining parts 

of the reporter's record is fiction. Appellant has a right to a record on appeal dealing with 

the factual proceeding from the trial Court on September 19, 2019, not a fictional record 

contrived to interfere with Appellant's right to appeal. This alleged attorney Mr. Fisher , 

never showed for trial all arguments and statements are fiction. He never appeared at 

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Motion to Cor. r. 12/9/20, 10:22 AM 

trial. This fictional reporter's record is a ruse to cover up that the Court proceeded to trial 

without a Plaintiff in a contested case and allowed an incompetent lawyer by the name 

of Peter Newman, to prosecute a case without a Plaintiff. 

Appellant objects to this fictional record and demand that it be corrected, because 

such conduct is a violation of Due Process and prevents Appellant from properly 

presenting its issues on appeal based on what occurred at trial on September 19, 2019. 

Wherefore premises considered, the Appellant request that the Court order Ms.Young to 

correct the record because Appellant cannot proceed to file a brief on a fictional record 

that is created to prevent appellant from showing error. 

Respectfully submitted, Theodore Simmons, Appellant 

3018 S. Ewing Ave., Dallas, Tx, 75216 

EMail: vanholding51@ gmail .com 

214-794-2091 

December 9 ,2020. 

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Motion to Cor. r. 12/9/20, 10:22AM 

CERTIFICATE OF SERVICE 

I certify that a true copy of this pleading was served on Plaintiff's counsel Brian 

Edward Staley, at P.O.BOX 460568 Houston, Tx 77056, via Certified Mail# 7019 1640 

0000 2629 7350, on December 9, 2020. 

BY: Theodore Simmons, AppeHant 

3018 S.Ewing Ave., Dallas, TX 75216 

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