Jason Campbell v. Ben Luong

Summary

The Fourth Court of Appeals of San Antonio abated the appeal pending resolution in the trial court of Ben Luong’s claim for payment from the Texas Real Estate Recovery Trust Account. The court suspended all appellate deadlines, ordered Luong to provide periodic status reports, and stated that the appeal could be reinstated if he did not diligently pursue the claim or other circumstances required.

Holdings

1. Luong could supplement the appellate record in accordance with the Texas Rules of Appellate Procedure without obtaining permission from the court of appeals.
2. The appeal was abated pending resolution in the trial court of Luong's claim for payment from the Real Estate Recovery Trust Account.
3. Luong was required to file an initial status report within thirty days and additional written reports at least monthly thereafter, and all other appellate deadlines were suspended pending further order.

Questions Presented

1. Whether Luong needed the court of appeals' permission to supplement the appellate record with an omitted item.
2. Whether the appeal should be abated pending resolution of Luong's claim for payment from the Real Estate Recovery Trust Account in the trial court.
3. What reporting and briefing procedures should govern while the appeal was abated.

Disposition

other