Opinion
No. 04-15-00824-CV
01-07-2016
IN THE GUARDIANSHIP OF GEORGE V. GARCIA, AN INCAPACITATED PERSON
From the County Court at Law No 2, Webb County, Texas
Trial Court No. 2015PB6000016 L2
Honorable Jesus Garza, Judge Presiding
ORDER
The trial court clerk has filed a clerk's record containing the following documents:
(1) An order signed by the trial court on November 23, 2015;
(2) An Order Approving Interim Attorney Ad-Litem Fees and Reimbursement of Court Costs and Filing Fees signed by the trial court on December 11, 2015;
(3) An Order Approving Guardian of the Person Fees signed by the trial court on December 11, 2015;
(4) A second Order Approving Guardian of the Person Fees, also signed on December 11, 2015;
(5) An Amended Order Approving Attorney's Fees signed by the trial court on December 15, 2015;
(6) Fred Vincent (Garcia) Norris's notice of appeal; and
(7) Fred Vincent (Garcia) Norris's first amended notice of appeal.
The amended notice of appeal filed by appellant Norris states that he intends to appeal from the trial court's order signed on November 23, 2015, the two orders signed by the trial court on December 11, 2015, and the trial court's order signed on December 15, 2015.
Texas Rule of Appellate Procedure 34.5(a) lists the documents to be included in the clerk's record "[u]nless the parties designate the filings in the appellate record by agreement under Rule 34.2." TEX. R. APP. P. 34.5 (emphasis added). In civil cases, the documents to be included are the following:
(1) all pleadings on which the trial was held;
(2) the court's docket sheet,
(3) the court's charge and the jury's verdict, or the court's findings of fact and conclusions of law;
(4) the court's judgment or other order that is being appealed;The clerk's record filed is incomplete and does not comply with Rule 34.5. For example, it does not contain all pleadings relating to the orders that appellant states he intends to appeal.
(5) any request for findings of fact and conclusions of law, any post-judgment motion, and the court's order on the motion;
(6) the notice of appeal;
(7) any formal bill of exception;
(8) any request for a reporter's record, including any statement of points or issues under Texas Rule of Appellate Procedure 34.6(c);
(9) any request for preparation of the clerk's record;
(10) a certified bill of costs including the cost of preparing the clerk's record, showing credits for payments made; and
(11) any filing that a party designates to have included in the record.
We, therefore, ORDER the trial court clerk to file a supplemental clerk's record on or before January 27, 2016. In preparing the supplemental clerk's record, the trial court clerk is ORDERED to follow Texas Rule of Appellate Procedure 34.5(a).
/s/_________
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 7th day of January, 2016.
/s/_________
Keith E. Hottle
Clerk of Court