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Hazelwood v. Hazelwood

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON
Jun 1, 2017
Appellate case number: 01-17-00147-CV (Tex. App. Jun. 1, 2017)

Opinion

Appellate case number: 01-17-00147-CV

06-01-2017

Pamela J. Hazelwood v. Keith L. Hazelwood


ORDER Trial court case number: 2015-49239 Trial court: 310th District Court of Harris County

The clerk's record was filed on April 7, 2017. Appellant has filed a motion to supplement the clerk's record with twelve relevant documents that she claims were omitted from the clerk's record. See TEX. R. APP. P. 34.5(c).

Appellant contends that the court's docket sheet is missing a number of entries. A docket-sheet entry ordinarily is not part of the record an appellate court may consider. In re Bill Heard Chev., Ltd., 209 S.W.3d 311, 315 (Tex. App.—Houston [1st Dist.] 2006, orig. proceeding). The trial court's docket sheet is a memorandum for the clerk and trial court's convenience. Id. A docket sheet entry may support a contention a judgment was orally rendered on a certain date. Id. In any event, we grant appellant's request to supplement the record with an updated docket sheet, if it exists. To be clear, we are not ordering the district clerk to create new docket entries that do not already exist.

The Harris County District Clerk is directed to file a supplemental clerk's record on or before June 20, 2017, containing the following items requested by appellant:

(1) Affidavit of New Evidence, The Riley James 2007 Acquisition Program, LP, dated October 9, 2009, filed by Pamela Hazelwood with First Amended Motion for New Trial;

(2) Updated docket sheet, if one exists, containing entries for December 5, 2016 and December 13, 2016, as well as the Notice of Claims, Withdrawal of Consent and Motion to Enforce, Agreed Motion to Reform Order, Corrected "Notice of Enter," and Supplemental Amended Petition, that allegedly are missing from the docket sheet;

(3) Withdrawal of Consent and Motion to Enforce;

(4) Corrected "Notice of Enter;"

(5) Email from Daniel J. Lemkuil with attachments; and

(6) Irrevocable Mediated Settlement Agreement including Exhibit A.

Appellant also asks that we order the District Clerk to supplement the clerk's record with Keith L Hazelwood's Texas Driver's License number and Social Security number. This portion of appellant's motion is denied. This information is sensitive data that must be redacted unless the inclusion of this date is "specifically required by a statute, court rule, or administrative regulation." TEX. R. APP. P. 9.9(a)-(b). Appellant has offered no basis for the inclusion of this sensitive data in a filing in this case. Accordingly, we deny this request.

To the extent any of the allegedly omitted items are not part of the case file, the district clerk is directed to file a supplemental clerk's record containing a certified statement identifying those items that are not a part of the case file.

It is so ORDERED. Judge's signature: /s/ Michael Massengale

[×] Acting individually [ ] Acting for the Court Date: June 1, 2017

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Summaries of

Hazelwood v. Hazelwood

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON
Jun 1, 2017
Appellate case number: 01-17-00147-CV (Tex. App. Jun. 1, 2017)
Case details for

Hazelwood v. Hazelwood

Case Details

Full title:Pamela J. Hazelwood v. Keith L. Hazelwood

Court:COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

Date published: Jun 1, 2017

Citations

Appellate case number: 01-17-00147-CV (Tex. App. Jun. 1, 2017)