Opinion
Cause number: 01-13-00853-CV
04-15-2014
Dernick Resources, Inc. v. David Wilstein and Leonard Wilstein, Individually and as Trustee of the Leonard and Joyce Wilstein Revocable Trust
ORDER ON MOTION
Date motion filed*: April 7, 2014 Type of motion: Motion for leave to file agreed supplemental clerk's record Party filing motion: Appellees/cross-appellants Document to be filed: Agreed record Is appeal accelerated? No If motion to extend time:
Original due date: ________________Ordered that motion is:
Number of previous extensions granted: Current Due date:
Date Requested: ________________
[ ] GrantedJudge's signature: Evelyn V. Keyes
If document is to be filed, document due:[v] Denied
[ ] Absent extraordinary circumstances, the Court will not grant appellant additional motions to extend time
[ ] Dismissed (e.g., want of jurisdiction, moot)
[ ] Other: ________________
Appellees/cross-appellants' motion for leave to file agreed supplemental clerk's record is denied. Texas Rule of Appellate Procedure 34 does not allow the parties to file their own agreed record directly with this Court. See TEX. R. APP. P. 34.2 ("By written stipulation filed with the trial court clerk, the parties may agree on the contents of the appellate record. . . . To request matter to be included in the agreed record, the parties must comply with the procedures of Rules 34.5 and 34.6."). To the extent the parties believe that relevant items were not included in the clerk's record previously filed with the Court, the the parties "may by letter direct the trial court clerk to prepare, certify, and file in the appellant court a appellate court a supplement containing the omitted item[s]." TEX. R. APP. P. 34.5(c)(1).
[×] Acting individually [ ] Acting for the Court
Panel consists of ________________ November 7, 2008 Revision