Opinion
01-23-00919-CV
06-25-2024
Matthew Marshall v. Haley Bennett
Trial court: County Court at Law of Grimes County, Trial court case number: 35131-CCL.
ORDER
Veronica Rivas-Molloy, Judge.
Appellant Matthew Marshall filed a notice of appeal from "unfavorable portions" of the trial court's Order in Suit Affecting the Parent-Child Relationship, entered on November 30, 2023.
On April 30, 2024, Appellant filed his appellate brief. On May 17, 2024, Appellee Haley Bennett filed a Motion to Strike Second Supplemental Reporter's Record and Appellant's Brief- Matters Not in Record, requesting this Court to strike the second supplemental reporter's record containing a transcript of temporary orders hearing, filed on April 15, 2024 because it was "not introduced or admitted as evidence." Appellee further requests we strike references to the hearing in Appellant's brief and order Appellant to refile his brief. In response, Appellant argues that the Motion should be denied because "the trial court . . . us[ed] evidence and testimony from the temporary orders hearing as a basis for the final judgment[,] and . . . rel[ied] on a mischaracterization or misrepresentation of that evidence." Appellee filed a reply.
Appellee's Motion will be carried with the case. Appellee's brief is due thirty days from the date of this order. See Tex. R. App. P. 38.6(b), (d).
It is so ORDERED.