Opinion
01-23-00128-CV
06-15-2023
Laurel Wendt v. Evalyn Wendt Moore, Amilee Wendt, and Jackie Wendt Martin
Trial court: 11th District Court of Harris County No. 2022-36772
ORDER
April Farris Judge
Appellant, Laurel Wendt, filed a "Motion to Extend Time to Supplement the Clerk's Record for Appeal." In her motion, appellant states that, after the clerk's record was filed with this Court on March 27, 2023, appellant filed, in the trial court, a "Motion to Correct Date of Hearing of Motion for Summary Judgment, Determine Finality, and Strike Irrelevant Pleading." According to appellant, the purpose of the motion filed in the trial court, set for hearing on May 1, 2023, was to allow the trial court an opportunity "to clarify whether the judgment signed on January 20, 2023 . . . is a final judgment on all claims."
Appellant further states that the "pending decision of the trial court" in that motion "should be considered by this" Court and "requests . . . and extension of time to [s]upplement the clerk[']s record until a determination of the trial court of whether the summary judgment was final" is made. Notably, appellant's motion to this Court states that "[t]here is no specific deadline to file this motion to extend time."
An extension of time to supplement the clerk's record is not necessary. See Tex. R. App. P. 34.5(c) (allowing "any party" to request "trial court clerk to prepare, certify, and file in the appellate court a supplemental clerk's record" containing any "relevant item [that] has been omitted from the clerk's record"). Accordingly, appellant's "Motion to Extend Time to Supplement the Clerk's Record for Appeal" is denied as moot. However, nothing in this order precludes any party, including appellant, from requesting the trial court clerk to supplement the clerk's record in accordance with the Texas Rules of Appellate Procedure.
It is so ORDERED.