Opinion
01-23-00597-CV
10-10-2023
Richard Luna v. Douglas Scott Tyler, MD and Linda G. Phillips, MD
Trial court: 122nd District Court of Galveston County, Trial court case number: 18-CV-0928
ORDER
Veronica Rivas-Molloy Judge
Appellant Richard Luna filed a notice of appeal challenging the trial court's July 26, 2023 order and final judgment granting in favor of Appellees Douglas Scott Tyler, MD and Linda G. Phillips, MD, their motions for summary judgment, motions to dismiss, and sustaining their pleas to jurisdiction.
On September 8, 2023, Appellant filed a Motion for Extension of Time to file his appellate brief and to Supplement the Appeal Record with a transcript of a hearing held on July 24, 2023. On the date Appellant filed his Motion for Extension of Time, his brief was not yet due because the clerk's record had not been filed. See Tex. R. App. P. 38.6(a) (explaining Appellant's brief is due thirty days after the later of the date the clerk's record is filed or the date the reporter's record is filed). The clerk's record was filed in this Court on September 25, 2023. Appellant's brief is thus due on October 25, 2023.
On September 25, 2023, Appellant filed a Motion Request [for] Copies of the [July 24, 2023] Hearing Transcript. Three days later, on September 28, 2023, Appellant filed a Motion to Supplement the Appellate Record, arguing again the July 24, 2023 hearing transcript was omitted from the reporter's record filed in this Court. Contrary to Appellant's contention, the reporter's record consists of the July 24, 2023 hearing transcript. We thus deny as moot Appellant's Motion to Supplement the Appeal Record, his Request for Copies, and his Motion to Supplement the Appellate Record.
It is so ORDERED.