Opinion
04-23-00665-CV
02-29-2024
Alison MAYNARD and Richard Carlisle, Appellants v. William R. LUCERO and Jacob Vos, Appellees
From the 131st Judicial District Court, Bexar County, Texas Trial Court No. 2023-CI-11772 Honorable Tina Torres, Judge Presiding
ORDER
Irene Rios, Justice
On February 20, 2024, appellant Alison Maynard filed a motion representing that certain items she designated for inclusion in the clerk's record have not been filed in this court. Specifically, appellant contends that the district clerk has not filed a record containing the following items she requested in a document entitled "Feb. 2024 Designation of Supplemental Record":
1. Declaration of William Lucero (filed 5/23/23)
2. Declaration of Jacob Vos (filed 5/23/23)
3. Supplement to Motion to Vacate Hearing (filed 5/30/23)
4. Motion to Be Heard on 8:30 Docket on May 31st (filed 5/30/23)
5. Affidavit of Alison Maynard Verifying Two Pleadings (filed 6/16/23)
6. Joinder of Richard Carlisle (filed 7/25/23)
7. Declaration Respecting Past Affidavits (filed 7/26/23)
8. Order on Plaintiff's Motion for Sanctions (signed 7/28/23)
Based on our review of the records before this court, it appears that neither the October 13, 2023 original clerk's record nor the January 10, 2024 and January 30, 2024 supplemental clerk's records contain the items listed in appellant's "Feb. 2024 Designation of Supplemental Record." Accordingly, we ORDER the district clerk to file in this court, by March 11, 2024, either: (1) a supplemental clerk's record containing the items listed in appellant's "Feb. 2024 Designation of Supplemental Record"; or (2) a notification of late record explaining why the supplemental clerk's record has not been filed. We note that some of the requested items may be located in the records of the original cause number in this matter, 2020-CI-21633.
Appellant's motion states that she did not serve her motion on appellees. We remind appellant that the Texas Rules of Appellate Procedure require her to serve copies of filed documents on all parties to the proceeding. Tex.R.App.P. 9.5(a). The Rules of Appellate Procedure further require her to certify that she "conferred, or made a reasonable attempt to confer, with all other parties about the merits of the motion and whether those parties oppose the motion." Tex.R.App.P. 10.1(a)(5). Further violations of these rules may result in the court striking appellant's motions.