Motion to Cor. r.
In The Court ofAppeals Fifth District ofTexas at Dallas

No. 05- 20-00143-CV
THEODORE SIMMONS,Appellant V. MIDLAND FUNDING,LLC,Appellee

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OnAppeal from the County Court at Law No. 3 Dallas County,Texas Trial Court Cause No. CC-19-01681-C

Appellant's MotionTo CorrectThe Reporter's Record Pursuant To TEX. R. CIV. PROC. 34.6
TOTHEHONORABLEJUDGES OF SAID COURT: 12/9/20, 10:22 AM

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COMESAppellant,Theodore Simmons,with this motion and in support ofsaid motion offers the following:

Page 1 of 5Motion to Cor. r. 12/9/20, 10:22AM
1.) On November 23, 2020,Appellantpicked up the Reporter's Record in the above case and style, and immediately discovered fabrications in he Reporter's Record, complete omissions ofAppellant'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 ofthe Texas Constitution as well as the Due Process Clause ofthe United States Constitution does not permit a recreation ofan 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 1ofthe RR, page 1 ,line 15 states,"held in Greenville, Hunt County, Texas". It should state,"held in Dallas County,Texas"; 5.) On Volume 1of 1ofthe 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 BOX460568, Houston,Texas,77056-8568; 6.) Volume 1of 1ofthe RR, page 5,line states, 

### "MR. Fisher: Robert Fisherfor Midland Funding". Itshould state, Perter Newman: "PeterNewman for Midland Funding". 7.) Volume 1 of 1 ofthe 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 ofthe Plaintiff's case because the court does not have subject matter jurisdiction over a case were Plaintiffdoes not show up. Subject matterjurisdiction must exist at every stage ofthe proceeding. It takes a Plaintiffand a Defendant to be before the Courtin orderfor the there to be a controversy. There is no Plaintiffbefore 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 Plaintiffand nor can he admitted evidence because he cannot lay foundation and nor can he testify to the record keeping ofCredit One Bank. MR. Simmons: "Ineed a ruling your honor". The Court: " Duly noted". MR. Simmons: " I need a ruling your honor". The Court:"

Page 2 of 5Motion to Cor. r. 12/9/20, 10:22AM Move on". 

### MR. Simmons: "Your honor, I need a ruling". The Court:" Overruled". The Court: "I'm going to go offthe record and let you guys go talk" MR. Simmons:" I object to going offthe record"; 8.) Volume 1 of 1 ofthe RR, on page 6, line 9 states MR. Simmons: "I understand". It should state, 

### MR. Simmons: "Atthis point this Court does not have a Plaintiffbefore it, it does not have a contract before it, it does not have an assignment ofa contract before itfrom 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: "Overruled". 9.) Vol. 1of 1ofthe RR, on page 8,line 2 

### -5, states: 

### MR. Simmons: "Okay". "Then I'm going to object to that, because ifyour saying-eitherway, ajury trial demand has been filed. I have a due process right to that. It should say, "Objection". "The facts are in dispute." Ifthere 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 ajury 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 ofthe business record and it is hearsay", and I move to strike it.The Court. "Overruled."

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

Page 3 of5Motion to Cor. r. 12/9/20, 10:22AM trial. This fictional reporter's record is a ruse to cover up that the Court proceededto trial without a Plaintiffin a contested case and allowed an incompetent lawyer by the name ofPeter 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,theAppellant request that the Court orderMs.Young to correct the record because Appellant cannot proceed to file a briefon a fictional record that is created to prevent appellant from showing error.
Respectfully submitted,Theodore Simmons,Appellant
3018 S. EwingAve., Dallas,Tx,75216 EMail: vanholding51@gmail.com
214-794-2091
December9,2020.

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CERTIFICATE OF SERVICE I certify that a true copy ofthis 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 December9, 2020.

BY: Theodore Simmons,AppeHant 3018 S.Ewing Ave., Dallas,TX75216

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