Opinion
No. 08-16-00060-CV
08-15-2016
Armando Avila, Appellant, v. United Parcel Service, Inc., Appellee.
Appeal from the 419th District Court of Travis County, Texas (TC# D-1-GN-14-000743) ORDER
Pending before the Court is Appellant's fourth motion for an extension of time to file his brief. Ordinarily, the Court would likely not consider a fourth extension request, but the basis for Appellant's motion is that the clerk's record is incomplete. According to Appellant, numerous pages are missing from an exhibit attached to his first amended response to Appellee's motion for traditional and no-evidence summary judgment. Further, we have reviewed the clerk's record and note that at least one page from this same exhibit appears to be a partial copy (p. 530) and other pages are completely blank (pp. 531-532). It is unclear whether these errors (the missing pages, the partial page, and the blank pages) exist in the document filed by Appellant in the trial court or whether these errors exist only in the clerk's record filed with this Court. Accordingly, we direct the Travis County District Clerk to investigate these discrepancies and advise the Court as soon as possible, but no later than August 25, 2016, whether or not the clerk's record is erroneous. If the clerk's record is erroneous, the Travis County District Clerk is ordered to file a supplemental clerk's record containing Appellant's first amended response to Appellee's motion for traditional and no-evidence summary judgment no later than September 14, 2016. We will defer ruling on Appellant's extension request until the issues with the clerk's record are resolved.
IT IS SO ORDERED this 15th day of August, 2016.
PER CURIAM Before McClure, C.J., Rodriguez, and Hughes, JJ.