Charles Mandeville, V 1323 Sunset Lane Guymon, OK 73942 (505)417-9933  April 5,2015
Christopher A. Prine Clerk, First Court of Appeals First Court of Appeals 301 Fannin Street • > TEXAS Houston, Texas 77002-2066 AP* IS 20,5 In re: Mandeville VMandeville, No. 01-15-00119-CV "TV?*** CLEf),
Dear Mr. Prine,
In preparing to write my opening brief and reviewing the trial court clerk's record (as well as the online record for thisCourt)* it's; come to my attention mat a critical ite^ The recordshows the clerkas fili^myMbtibn FbrNew TrialDecember 24,2014: (Seeclerk's record p. 7). However,the clerk in factreceived (and date stan^ 2014. This datewas subsequentlyCrossed out andthenre^date stamped the24th.1 Since the final judgment date was Noyembef 12,2014, the filing date &>i this motibn is critical to the timeliness of this appeal: Pursuant to TiR,A.P. 34.5(d), I am hereby formally requesting that the datebe corrected to reflect the motion being filed that date it was first received, December 12,2014. Thank ypu.
Sincerely,
'Although itdoes not appear tobeinthe record, the reason given bythe clerk for doing thiswas because a filing fee had inadvertently notbeenincluded in the mailing thathadbeen received December 12 . Approximately 10 days laterthe clerk returned the filmg to mewith a letter about the missing fee. I then immediatelyresubmittedmeMbti the clerk received Descember 24, This was noted in myNotice ofAppeal; TKave been unable to find any authority for aclerkto eMerreject filmgs for lackbfa fee payment (as opposed to sending a letteraboutan^smgfeef), orto sunimarily crbss-^^ •i<\ 1 tl i
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