Opinion
04-23-00665-CV
03-25-2024
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 15, 2024, we ordered appellants to file a written notice identifying any clerk's or reporter's records that had not been filed in this case. In our order, we notified appellants that if they did not take the necessary steps to cause a reporter's record to be filed, the court would consider only those issues or points raised in appellants' briefs that do not require a reporter's record for a decision. Tex.R.App.P. 37.3(c).
On February 20, 2024, appellant Alison Maynard filed a "Feb. 2024 Designation of Supplemental Record" that requested a supplemental clerk's record containing nine specific documents. On February 29, 2024, Ms. Maynard filed an "Amended Designation of Supplemental Record" that requested the inclusion of a tenth document-a July 26, 2023 "Correction to Statement of Facts and New Exhibit"-in the supplemental clerk's record. Neither Ms. Maynard nor appellant Richard Carlisle filed notices contending that they had requested any reporter's records.
On March 12, 2024, the district clerk filed a supplemental clerk's record that contained the nine documents Ms. Maynard requested in her "Feb. 2024 Designation of Supplemental Record." The supplemental clerk's record did not include the July 26, 2023 "Correction to Statement of Facts and New Exhibit." In response to an inquiry from this court, the district clerk's office reported that Ms. Maynard had not paid the district clerk's fee to include the July 26, 2023 "Correction to Statement of Facts and New Exhibit" in the supplemental clerk's record.
If appellants wish to present this court with a supplemental clerk's record containing the July 26, 2023 "Correction to Statement of Facts and New Exhibit," we ORDER them to provide written proof that they have paid the district clerk's fee to prepare that supplemental record by April 1, 2024. If appellants do not file satisfactory written proof of payment in accordance with this order, we will consider the appellate record complete, and appellants' briefs will be due by April 24, 2024. If appellants file satisfactory proof of payment in accordance with this order, the supplemental clerk's record will be due by April 10, 2024, and appellants' briefs will be due by May 6, 2024.
Because appellants did not present written proof that they properly requested any reporter's records, the court will consider only those issues or points raised in appellants' briefs that do not require a reporter's record for a decision. See Tex. R. App. P. 37.3(c).