Opinion
08-23-00072-CV
01-24-2024
IN THE MATTER OF THE ESTATE OF GEORGINA A. DE CHAVEZ DECEASED, Appellant.
Appeal from the Probate Court No. 2 of El Paso County, Texas (TC# 2016-CPR00081)
Before Alley, C.J., Palafox and Soto, JJ.
ORDER
PER CURIAM
Before the Court is Appellant's second motion to correct and complete the clerk's record and extend the time for filing Appellant's reply brief. The motion is GRANTED in part.
On January 8, 2024, Appellant filed a motion to correct the clerk's record. Appellant complained that pages 402-70, a portion of the Notice of Filing within the clerk's record, were corrupted and illegible. The next day, this Court granted Appellant's motion and ordered the county clerk to file a supplemental clerk's record with legible copies of the corrupted pages. On January 11, 2024, the county clerk filed a fourth supplemental clerk's record containing 478 pages and the complete Notice of Filing. Appellant's reply-brief deadline was set fifteen days later, on January 26, 2024.
On January 22, 2024, Appellant filed his second motion to correct the clerk's record and to extend the time for filing Appellant's reply brief. Appellant now complains that pages 15-83 of the fourth supplemental clerk's record are illegible and corrupted. Appellant further complains that 470 pages are missing from the clerk's record. He states that the original clerk's record "contained 948 pages," and the fourth supplemental clerk's record "contains only 478 pages." He requests that the clerk's record be corrected and that the deadline to file his reply brief be extended to February 26, 2024.
The Court has reviewed the clerk's record and the fourth supplemental clerk's record in this cause. The clerk's record contains 948 pages. The fourth supplemental clerk's record contains 478 pages. The Court has independently verified that all pages in clerk's record and the fourth supplemental clerk's record are legible.
Although the Court has verified that the clerk's record and supplemental record are not corrupted and are viewable in their entirety, we exercise our discretion under Texas Rule of Appellate Procedure 2 to suspend the rules and provide Appellant with a digital copy of the complete record. The Clerk of this Court is directed to copy the entire record in this cause to a compact disk and to verify that the fourth supplemental clerk's record on the disk is legible in its entirety. The Clerk shall send the same to Appellant via FedEx Express 2-day shipping. The Appellant's reply brief shall be due fifteen days from the receipt of the record.
IT IS SO ORDERED
Soto, J., not participating