Opinion
08-23-00235-CV
02-07-2024
ESTATE OF MARGARET BALLENGER CLUCK, DECEASED.
Appeal from Probate Court No. 1 of Bexar County, Texas (TC#2023PC00681)
Before Alley, C.J., Palafox and Soto, JJ.
ORDER
PER CURIAM.
Before the Court is Appellee's amended motion for leave to supplement the reporter's record with the transcripts from two hearings held in the trial court.
In the motion, Appellee states that the two requested hearings are material to this cause and bear on the issues raised by Appellant in her brief. Specifically, Appellee states that the two hearings are relevant to the disposition of issues two and three-whether the trial court erred in denying a motion for continuance and whether Appellant was denied a jury trial. Appellant's response to the motion states that the hearings contain irrelevant items that were not before the trial court at the time of the rulings that are now before this Court on appeal.
Texas Rule of Appellate Procedure 34.6(d) provides that any party may supplement the reporter's record if anything relevant is omitted. We construe the rules on supplementation liberally to allow parties to include relevant information in the record, however, it is still up to this Court whether to consider them under the substantive arguments advanced by the parties. See Interest of A.S.M., 650 S.W.3d 85, 91 n.7 (Tex. App.-El Paso 2021, no pet.).
Accordingly, the motion is GRANTED. The Court has this day filed the first supplemental reporter's record (2 volumes + 1 exhibit volume). Because briefing has concluded, the Court will allow both parties, if they so choose, to submit a letter brief within the next fifteen days to address how, if at all, the materials in the supplemental reporter's record support the issues raised in the prior briefs. The letter briefs are limited to the issue we describe and should be no more than two pages in length.
IT IS SO ORDERED.