The opinion
FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
7/20/2015 1:31:08 PM
CHRISTOPHER A. PRINE
Clerk
EXHIBIT A
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THE VENZKE LAW FIRM
POST OFFICE Box 667485
HOUSTON, TEXAS 77266
(713) 522-1190
FACSIMILE (713) 559-0333
John P. Vemke* Tamera L. \ 1enzke
jvenzke@comcast.net tvcnzke@comcast.net
*Board Certified Civil Trial Law
Texas Board of Legal Specialization
REQUEST FOR SUPPLEMENTAL REPORTER'S RECORD PURSUANT TO
RULE 34.6(d) TEXAS RULES OF APPELLATE PROCEDURE
July 14, 2015
By email and facsimile transmission
Ms. Mindy Hall
Court Reporter, 268th Judicial District Court
301 Jackson Street
Richmond, Texas 77469
Re: Cause No. 13-DCV-211293, Xiangxiang Tang et al vs. Yvonne Tran, el al,
in the 268th District Court of Fort Bend County, Texas
No. 01-15-00163-CV; Xiangxiang Tang v. Klaus Wiegand; In the First Court of
Appeals for the First District, at Houston, Texas
Dear Ms. Hall:
Reference is made to my letter dated July 1, 2015, and John v\/esley Wauson' s letter to you
dated July 2, 2015, a copy of which is enclosed.
To make my position clear, I am not asking that you include in the reporter's record
Plaintiffs Exhibit 77 as I agree with lvir. vVauson's letter that "[i]t does not appear that Exhibit 77
was ever admitted or that reference to it by Exhibit Number was made in the Reporter's Record."
As reflected in my original July 1, 2015, letter my request regards any testimony, Court
hearing or exhibit list that reflects Exhibit 77 was neither offered nor admitted into evidence. If
no such testimony or documents exists, please let me know.
1
I appreciate you for your continued cooperation.
Sincerely,
\?G~
P. Venzke
Cc: Mr. John Wesley Wauson
Clerk, First Court of Appeals
2
Wauson+Probus
• JOHi.'l" WESLEY 10\:A.USDN
j wwauson@w-pla w.e-0m
BOARD CBRTJFlfID, Clyi!Trl~l Law
Texa~ Bo:trd of Lceal Sjlecin!iznt!oo
A Professional Corporation
ATTORNEYS AT LAW
ONE SUGAR CREEK CENTER BLVD,, SUJTE 880
SUGAR LAND, TEXAS 77478
281-242-0303 -Telephone
281-242-0306 - Toleccipiet
MATTHE'\\' :S. PROBUS
mbprobus@w-plaw.com
Abo llccn•ed In lhc Commonwenlth
of Mu~n~hui6tt.\
OBJECTION TO APPELLEE'S REQUEST FOR SUPPLElYIENTAL
REPORTER'S RECORD PURSUANT TO RULE 34.6( d),
TEXASRULESOFAPPELLATEPROCEDURE
July 2, 2015
Via Fax: (281) 341-8614
Ms. l'vfindy Hall
Court Reporter, 268th Judicial District Court
1422 Eugene Heimann Circle
Richmond, TX 77469
Re: Cause No. 13-DCV-211293
XJANGXIANG TANG, Individually and as a shareholder on behalf of L.T.L.
Medspa, Inc. v. YVONNE TRAN, KLAUS WIEGAND and L.T.L. MEDSPA, INC.;
In the 268'h Judicial District Court, Fort Bend County, Texas
• Re:
Dear M:s. Hall:
Case No. 01-15-00163-CV; Xiangxiang Tang v. Klaus Wiegand; In the First
District Court of Appeals in Houston, Texas
We are in receipt of the letter Request to you from Mr. Venzke, counsel for the Appellee
in the referenced appeal. We have reviewed the requests we made earlier and the Reporter's Record
provided to the Court of Appeals. It appears complete based upon our requests.
The requirements of the Reporter's Record are found at Rule 34.6(a)(l) and (2), Tex. R.
App. P. Mr. Venzke's request to you seeks documents that are not portions of the standard
stenographic reporter's record, including exhibits introduced into evidence or electronic record
with exhibits introduced into evidence. It does not appear that Exhibit 77 was ever admitted or that
reference to it by Exhibit Number was made in the Reporter's Record. Accordingly, I believe that
Mr. Venzke's request is inapprop1iate.
Thank you for your attention.
• cc: John Venzke, Esq. (via fax)
From: John W. Wauson
To: jvenzke@comcast.net; Mindy Hall
Cc: Sharon Dianiska
Subject: RE: Tang v. Tran; No. 13-DCV-211293
Date: Tuesday, July 14, 2015 10:18:46 AM
All
I don’t think it was offered either since it is not referenced in the attorney’s fee testimony I
presented.
John Wesley Wauson
WAUSON|PROBUS
One Sugar Creek Center Blvd., Suite 880
Sugar Land, Texas 77478
(281) 242-0303 - Telephone
(281) 242-0306 – Fax
(281) 450-4487 – Cell
jwwauson@w-plaw.com
This email message and any attachments are for the sole use of the intended recipient(s) and contain confidential
and/or privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not
the intended recipient, please contact the sender by reply email and destroy all copies of the original message and
any attachments
From: jvenzke@comcast.net [mailto:jvenzke@comcast.net]
Sent: Tuesday, July 14, 2015 10:14 AM
To: Mindy Hall
Cc: John W. Wauson; Sharon Dianiska
Subject: Re: Tang v. Tran; No. 13-DCV-211293
From: jvenzke@comcast.net
To: "Mindy Hall" <Mindy.Hall@fortbendcountytx.gov>
Sent: Monday, July 6, 2015 9:31:20 AM
Subject: Re: Tang v. Tran; No. 13-DCV-211293
Thanks; my mistake about it being offered.
John Venzke
From: "Mindy Hall" <Mindy.Hall@fortbendcountytx.gov>
To: "jvenzke@comcast.net" <jvenzke@comcast.net>
Sent: Monday, July 6, 2015 9:25:59 AM
Subject: RE: Tang v. Tran; No. 13-DCV-211293
Mr. Venzke,
I will have to check on this. I was out of the office last week, Tuesday through Friday.
In my previous e-mail to you, I explained there were no exhibits included in the appellate record
because none were included in Mr. Wauson’s Designation of Reporter’s Record. I did inform you
though that Exhibit 77 was never admitted. I did not say that it was not offered. Again, I will have
to check the record and I will get back to you.
Mindy Hall
From: jvenzke@comcast.net [mailto:jvenzke@comcast.net]
Sent: Thursday, July 02, 2015 8:02 AM
To: Hall, Mindy
Cc: John W. Wauson; Sharon Dianiska
Subject: Re: Tang v. Tran; No. 13-DCV-211293
Mindy
As a follow up to my formal request, enclosed is the Exhibit List filed by Plaintiff's
which reflect Exhibit 77 was "Wauson Probus Attorney's Fee Statements
(redacted)." What I am looking for is this form, or whatever you used to keep track
of the trial exhibits, which indicates Offered and Admitted as it relates to Exhibit 77.
Thanks.
John Venzke
From: jvenzke@comcast.net
To: "Mindy Hall" <Mindy.Hall@fortbendcountytx.gov>
Cc: "John W. Wauson" <jwwauson@w-plaw.com>, "Sharon Dianiska"
<sdianiska@w-plaw.com>
Sent: Wednesday, July 1, 2015 10:50:18 AM
Subject: Re: Tang v. Tran; No. 13-DCV-211293
Request for Supplemental Reporter's Record Pursuant to Rule 34.6(d) Texas
Rules of Appellate Procedure
From: "Mindy Hall" <Mindy.Hall@fortbendcountytx.gov>
To: "jvenzke@comcast.net" <jvenzke@comcast.net>
Sent: Tuesday, June 30, 2015 9:58:06 AM
Subject: RE: Tang v. Tran; No. 13-DCV-211293
Mr. Venzke,
There were no exhibits that went up with the appeal because they were not included in Mr.
Wauson’s Designation of Reporter’s Record for the appeal. I also note that Exhibit 77 was not
admitted at the trial.
Mindy
From: jvenzke@comcast.net [mailto:jvenzke@comcast.net]
Sent: Monday, June 29, 2015 1:12 PM
To: Hall, Mindy
Subject: Re: Tang v. Tran; No. 13-DCV-211293
Mindy
I noticed that Exhibit 77 (copies of Wauson's attorneys' fees) was not in the the
testimony you prepared and filed. I looked at the District Court's website and they
are not listed in that record. Do you have this Exhibit as part of the testimony ? If
so, and I want to add for the appeal, what do you need from me to do so ? I know I
need to file Motion with Court of Appeals, but what do you need from me to include it
?
Thanks.
John P. Venzke
The Venzke Law Firm.
713-522-1190
713-816-6908 cell
jvenzke@comcast.net
From: jvenzke@comcast.net
To: "Mindy Hall" <Mindy.Hall@fortbendcountytx.gov>
Sent: Tuesday, June 2, 2015 10:35:21 AM
Subject: Re: Tang v. Tran; No. 13-DCV-211293
No problem; do it all the time. Did not want you to miss a deadline.
From: "Mindy Hall" <Mindy.Hall@fortbendcountytx.gov>
To: "jvenzke@comcast.net" <jvenzke@comcast.net>
Sent: Tuesday, June 2, 2015 10:15:13 AM
Subject: RE: Tang v. Tran; No. 13-DCV-211293
Yes. Sorry about that.
From: jvenzke@comcast.net [mailto:jvenzke@comcast.net]
Sent: Tuesday, June 02, 2015 10:13 AM
To: Hall, Mindy
Subject: Re: Tang v. Tran; No. 13-DCV-211293
Do you mean 6 24 ?
From: "Mindy Hall" <Mindy.Hall@fortbendcountytx.gov>
To: "jvenzke@comcast.net" <jvenzke@comcast.net>
Sent: Tuesday, June 2, 2015 9:31:23 AM
Subject: RE: Tang v. Tran; No. 13-DCV-211293
No, I filed an extension. My record is due 5/24.
Thanks!
From: jvenzke@comcast.net [mailto:jvenzke@comcast.net]
Sent: Tuesday, June 02, 2015 9:27 AM
To: Hall, Mindy
Subject: Re: Tang v. Tran; No. 13-DCV-211293
Mindy
I noticed the Court of Appeals says it recievd the reporter's record. But all they have
are two hearings typed up by Stephanie Webb. Have you filed the other part of the
record ?
Thanks.
John Venzke
From: "Mindy Hall" <Mindy.Hall@fortbendcountytx.gov>
To: "jvenzke@comcast.net" <jvenzke@comcast.net>
Sent: Thursday, March 19, 2015 1:47:27 PM
Subject: RE: Tang v. Tran; No. 13-DCV-211293
No problem. Thanks for letting me know. Have a nice afternoon.
Mindy
From: jvenzke@comcast.net [mailto:jvenzke@comcast.net]
Sent: Thursday, March 19, 2015 1:46 PM
To: Hall, Mindy
Subject: Re: Tang v. Tran; No. 13-DCV-211293
Mindy
After all your work my clients decided not to have any thing added to the record.
They re broke.
Thanks again.
John Venzke
From: "Mindy Hall" <Mindy.Hall@fortbendcountytx.gov>
To: "jvenzke@comcast.net" <jvenzke@comcast.net>
Sent: Tuesday, March 17, 2015 5:04:50 PM
Subject: RE: Tang v. Tran; No. 13-DCV-211293
The cost for the appellate record you requested which includes the testimony of Andy Tang and
Yvonne Tran is $3,000.
The cost for the two bills of exceptions, if you choose to include them, is $344.
Please let me know how you wish to proceed.
Thanks,
Mindy Hall
From: jvenzke@comcast.net [mailto:jvenzke@comcast.net]
Sent: Tuesday, March 17, 2015 4:07 PM
To: Hall, Mindy
Subject: Re: Tang v. Tran; No. 13-DCV-211293
Good point; if we do it, and I do not think client's can pay so probably moot, but it
would include our two bill of exceptions and, with Tang and Tran, that is it.
Thanks.
From: "Mindy Hall" <Mindy.Hall@fortbendcountytx.gov>
To: "jvenzke@comcast.net" <jvenzke@comcast.net>
Sent: Tuesday, March 17, 2015 2:08:16 PM
Subject: RE: Tang v. Tran; No. 13-DCV-211293
Wes has ordered the testimony of Klaus Weigand and his own testimony on attorney’s fees, pretrial
motions, bench conferences, charge conference, and the hearings from 10/31/14 and 11/14/14.
I’m just confirming that you don’t need Voir Dire, anything concerning Defendant’s two bills of
exceptions, opening statements, closing arguments, any of the jury questions, the reading of the
verdict, et cetera.
From: jvenzke@comcast.net [mailto:jvenzke@comcast.net]
Sent: Tuesday, March 17, 2015 1:06 PM
To: Hall, Mindy
Subject: Re: Tang v. Tran; No. 13-DCV-211293
Hasn't Wes ordered the rest ?
From: "Mindy Hall" <Mindy.Hall@fortbendcountytx.gov>
To: "jvenzke@comcast.net" <jvenzke@comcast.net>
Sent: Tuesday, March 17, 2015 12:54:28 PM
Subject: RE: Tang v. Tran; No. 13-DCV-211293
I want to clarify that you’re only asking me for the cost for the testimony of Ms. Tran and Mrs. Tang?
From: jvenzke@comcast.net [mailto:jvenzke@comcast.net]
Sent: Friday, March 13, 2015 8:37 AM
To: Hall, Mindy
Subject: Re: Tang v. Tran; No. 13-DCV-211293
Any luck on a figure ?
Thanks.
John Venzke
From: "Mindy Hall" <Mindy.Hall@fortbendcountytx.gov>
To: "jvenzke@comcast.net" <jvenzke@comcast.net>
Sent: Wednesday, March 11, 2015 5:21:55 PM
Subject: RE: Tang v. Tran; No. 13-DCV-211293
Mr. Venzke,
I will work on a cost and let you know.
Thanks,
Mindy Hall
From: jvenzke@comcast.net [mailto:jvenzke@comcast.net]
Sent: Wednesday, March 11, 2015 9:34 AM
To: Hall, Mindy
Subject: Tang v. Tran; No. 13-DCV-211293
Mindy
As you may recall, I represeted Yvonne Tran and Klaus Wiegland in this case.
I see that Wes Wauson has requested a partial statement of facts. Can you give me
an estimate of how much the remainder would cost ? That would be the testimony of
Mrs. Tang and Ms. Tran.
Thanks.
John Venzke