Opinion
05-21-00411-CV
08-16-2022
TONYA PARKS, Appellant v. AFFILIATED BANK, AFFILIATED BANK FSB, AFFILIATED BANK FSB, INC., BANCAFFILIATED, INC., JOSHUA CAMPBELL AND KATHERINECAMPBELL, Appellees
On Appeal from the County Court at Law No. 2 Dallas County, Texas Trial Court Cause No. CC-19-01614-B
ORDER
ROBERT D. BURNS, III, CHIEF JUSTICE
By motion filed August 2, 2022 and supplemented August 12, 2022, appellant asserts the appellate record is incomplete because it does not include a copy of the court reporter's audio backup tape of the trial court's June 5, 2020 hearing on appellee's plea to the jurisdiction. The tape was played before the trial court at the February 17, 2022 hearing on the accuracy of the reporter's record. Appellant asserts inclusion of the tape in the record is appropriate because the trial court considered it, and she further asserts that failure to have the record supplemented with it would be a denial of due process and improper withholding of evidence. Appellant asks for an extension of time to file her brief, which is due August 15, to allow for the record to be supplemented.
We DENY the motion to supplement.
A reporter's backup audio recording of a proceeding is not part of the official reporter's record, is not part of the appellate record, and is not reviewable by an appellate court See Ex parte Hollowell, 392 S.W.3d 661, 662 (Tex Crim App 2013) (Johnson, J, concurring).
We also DENY appellant's extension request. On the Court's own motion, we RESET the deadline for filing appellant's brief to August 26, 2022. As we cautioned in our July 29, 2022 order, failure to file the brief as ordered may result in dismissal of the appeal without further notice. See Tex. R. App. P. 38.8(a)(1), 42.3(b),(c).
We DIRECT the Clerk of the Court to send a copy of this order to court reporters Robin Washington and Kristen Faubus as well as the parties.