Opinion
Appellate case number: 01-15-00656-CV
12-20-2016
ORDER Trial court case number: 2012-67412A Trial court: 270th District Court of Harris County
The clerk's record filed in this appeal does not contain a fully legible copy of a Commercial Guarantee Agreement between the parties. The Court directs the Harris County District Clerk to supplement the appellate record with the following exhibits:
1. Regions Bank's exhibit 9 (Image No. 66900456);
2. Regions Bank's exhibit A, subsection A-6, pgs. 48-50 (Image No. 66900459);
3. Regions Bank's exhibit A-06 (Image No. 66902814).
We must review the trial court's ruling based upon the materials before it at the time of its ruling. See Roventini v. Ocular Sciences, Inc., 111 S.W.3d 719, 726 (Tex. App.—Houston [1st Dist.] 2003, no pet.); TEX. R. APP. P. 34.5 ("If the clerk's record is defective . . . , the appellate clerk must inform the trial court clerk of the defect . . . and instruct the clerk to make the correction."). We require fully legible copies of these documents in order to do so. A sample version of exhibit A-6 is attached for reference.
Accordingly, the Harris County District Clerk is ordered to file a supplemental clerk's record containing a fully legible copy of appellant's motion to dismiss and attachments (District Clerk Image Nos. 66900456, 66900459, and 66902814), no later than 10 days from the date of this order.
It is so ORDERED. Judge's signature: /s/ Terry Jennings
[v] Acting individually [ ] Acting for the Court Date: December 20, 2016