Opinion
Appellate case number: 01-17-00063-CV
04-25-2017
William Solomon Lewis v. Mark Anthony Aguirre
NOTICE Trial court case number: 1062343 Trial court: County Civil Court at Law No. 4 of Harris County
Appellant, William Solomon Lewis, has filed a "Notice of Restricted Appeal" of the trial court's August 8, 2016 order of dismissal. The clerk's record was filed in this Court on March 7, 2017. Appellant has filed a "Motion to Supplement the Record," pursuant to Texas Rule of Appellate Procedure 34.5(e). On April 17, 2017, the trial Court clerk filed a supplemental clerk's record in this Court, reflecting that the trial court "has no record" of a motion for continuance filed on July 27, 2016, and appellant's copy of the motion "does not have a receiv[ed] stamp indicating that we in fact received his motion." We deny the motion.
Texas Rule of Appellate Procedure 34.5(e) provides that, if an item designated for inclusion in the clerk's record has been lost or destroyed, "the parties may, by written stipulation, deliver a copy of that item to the trial court clerk for inclusion in the clerk's record or a supplement" and, "[i]f the parties cannot agree," the trial court is to resolve any dispute. TEX. R. APP. P. 34.5(e); see Goetz v. Goetz, No. 01-10-00286-CV, 2012 WL 1454385, at *1 (Tex. App.—Houston [1st Dist.] Apr. 26, 2012, no pet.) (mem. op.).
The Clerk of this Court is directed to send to appellant a copy of the one-volume supplemental clerk's record, filed on April 17, 2017. Judge's signature: /s/ Russell Lloyd
[×] Acting individually [ ] Acting for the Court Date: April 25, 2017