Opinion
No. 07-09-0249-CV
November 19, 2009.
Appealed from the 274th District Court of Comal County; No. C2004-0600C; Honorable Charles Ramsay, Judge.
Before CAMPBELL and HANCOCK and PIRTLE, JJ.
ORDER DENYING MOTION
Appellees have filed a motion with this Court requesting that we take judicial notice of the memorandum opinion rendered in cause number 13-06-00235-CV, and "any other matter in the files maintained by the Corpus Christi Court of Appeals and or the Supreme Court of Texas" relating to that cause. According to that motion, the Corpus Christi Court of Appeals affirmed a judgment, signed February 2, 2006, from the 274th District Court of Comal County, Texas, in trial court cause number C2004-0600C. The matter pending before this Court is an appeal from a post-appeal enforcement order entered by the 274th District Court of Comal County, Texas, in trial court cause number C2004-0600C, signed May 15, 2009, which "approves that one certain Rule 11 Agreement," and denies all other relief. The Clerk's Record presently before this Court does not contain a copy of the judgment signed February 2, 2006, the Memorandum Opinion in cause number 13-06-00235-CV, or the Mandate from the Corpus Christi Court of Appeals.
The Clerk's Record does contain a Judgment Nunc Pro Tunc signed May 9, 2006; however, the Judgment of the Thirteenth Court of Appeals attached to Appellees' motion clearly states that the judgment being affirmed was a judgment signed February 2, 2006.
Documents that are not a part of the clerk's record or reporter's record are not part of the appellate record and may not be considered by the reviewing court. Cantu v. Horany, 195 S.W.3d 867, 870 (Tex.App.-Dallas 2006, no pet.). As a general rule, appellate courts take judicial notice "only to determine jurisdiction over an appeal or to resolve matters ancillary to decisions which are mandated by law (e.g., calculation of prejudgment interest when the court renders judgment)." City of Glenn Heights v. Sheffield Dev. Co., 55 S.W.3d 158, 162-63 (Tex.App.-Dallas 2001, pet. denied) (quoting SEI Bus. Sys., Inc. v. Bank One Tex., N.A., 803 S.W.2d 838, 841 (Tex.App.-Dallas 1991, no writ). Even though there are limited circumstances where an appellate court might take judicial notice of undisputed facts, to do so in this case runs the risk of effectively rendering this Court into one of original, not appellate jurisdiction.
Appellees' motion to take judicial notice is denied.