Opinion
No. 04-15-00781-CV
12-30-2015
ALL AMERICAN EXCAVATION, INC., Appellant v. AUSTIN MATERIALS, LLC dba Ramming Paving Company, Appellees
From the 57th Judicial District Court, Bexar County, Texas
Trial Court No. 2015CI-13685
Honorable Antonia Arteaga, Judge Presiding
ORDER
This is an accelerated appeal. On December 21, 2015, the trial court clerk filed the clerk's record in this court; however, the clerk's record does not contain the order that is being appealed. Rule 34.5(a) of the Texas Rules of Appellate Procedure provides that the clerk's record is to include "the court's judgment or other order that is being appealed." See TEX. R. APP. P. 34.5(a). The docket sheet included in the clerk's record shows the trial court signed an order denying defendant's motion to abate and compel arbitration on December 4, 2015. The notice of appeal included in the clerk's record states that appellant is appealing the trial court's December 4, 2015 order denying defendant's motion to abate and compel arbitration.
We, therefore, ORDER the trial court clerk, Donna Kay McKinney, to file, on or before January 6, 2016, a supplemental clerk's record containing the trial court's December 4, 2015 order denying defendant's motion to abate and compel arbitration.
/s/_________
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 30th day of December, 2015.
/s/_________
Keith E. Hottle
Clerk of Court