Opinion
No. 10-17-00119-CV
05-10-2017
IN THE MATTER OF THE MARRIAGE OF MELISSA MARIE CONE AND JOSHUA JOSEPH CONE AND IN THE INTEREST OF A.J.C., A CHILD
From the 335th District Court Burleson County, Texas
Trial Court No. 27,125
ORDER
On March 28, 2014, the trial court signed a final decree of divorce in the underlying case. Joshua Joseph Cone filed a notice of appeal that was docketed as No. 10-14-00179-CV. In an April 28, 2016 memorandum opinion, we affirmed the part of the trial court's final decree of divorce that granted a divorce but reversed the decree on all other issues: conservatorship, possession and access, child support, and division of the marital estate. See In re Marriage of Cone, No. 10-14-00179-CV, 2016 WL 1722821 (Tex. App.—Waco Apr. 28, 2016, no pet.) (mem. op.). The case was remanded to the trial court for further proceedings consistent with the opinion.
On January 19, 2017, the trial court signed another final decree of divorce in the underlying case. Mr. Cone again filed a notice of appeal that has been docketed as a new appellate proceeding, No. 10-17-00119-CV. Mr. Cone has also filed a motion to transfer the appellate record from the earlier appeal to the new appeal.
We grant Mr. Cone's motion and direct the Clerk of the Court to copy (electronically) the appellate record (all clerk's and reporter's records) that was filed in No. 10-14-00179-CV and file it in No. 10-17-00119-CV within seven days of the date of this order.
Furthermore, unless a party makes a written request of the trial court clerk specifying an additional item(s) to be included in the clerk's record, the trial court clerk is ordered to include in the clerk's record in No. 10-17-00119-CV only relevant items filed with the trial court clerk after April 28, 2016. And unless a party makes a written request of the official reporter specifying an additional item(s) to be included in the reporter's record, the official reporter is ordered to include in the reporter's record in No. 10-17-00119-CV only proceedings after April 28, 2016.
PER CURIAM Before Chief Justice Gray, Justice Davis, and Justice Scoggins
Order issued and filed May 10, 2017
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