Zulema J. Garza v. Zulema J. Garza, Jose Juan Garza, II, Andres Garza, Alejandro Garza, and Gabriel Garza ( 2023 )


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    Fourth Court of Appeals
    San Antonio, Texas
    January 24, 2023
    No. 04-22-00326-CV
    Zulema J. GARZA,
    Appellant
    v.
    Zulema J. GARZA, Jose Juan Garza, II, Andres Garza, Alejandro Garza, and Gabriel Garza,
    Appellees
    From the 49th Judicial District Court, Webb County, Texas
    Trial Court No. 2020-CVK-002209-D1
    Honorable Joe Lopez, Judge Presiding
    ORDER
    On December 22, 2022, appellant filed her brief stating portions of the reporter’s record
    were missing. We therefore ordered appellant to file a response specifying what portions of the
    reporter’s record were missing. On January 10, 2023, appellant filed a response stating
    transcripts for the following dates were missing: January 5, 2021; February 2, 2021; February 16,
    2021; March 4, 2021; November 2, 2021; and March 8, 2022. Appellant also states the clerk’s
    record is missing “critical and substantial evidence” from a previous appeal.
    Our records confirm appellant filed a previous appeal in this court, which was docketed
    as appellate cause number 04-21-00114-CV and styled Zulema Garza v. Zulema J. Garza, Jose
    Juan Garza, III, Andres Garza, Alejandro Garza, and Gabriel Garza. See Garza v. Garza, No.
    04-21-00114-CV, 
    2021 WL 4443720
    , at *1 (Tex. App.—San Antonio Sept. 29, 2021, no pet.)
    (mem. op.). After reviewing the appellate record in the previous appeal, we order the clerk of
    this court to transfer a copy of the reporter’s record for the March 4, 2021 temporary injunction
    hearing from the previous appeal (appellate cause number 04-21-00114-CV) into this current
    appeal (appellate cause number 04-22-00326-CV). We further order the court reporter to
    prepare, certify, and file a reporter’s record for the following dates—January 5, 2021; February
    2, 2021; February 16, 2021; November 2, 2021; and March 8, 2022—by March 10, 2023. See
    TEX. R. APP. P. 34.6(d) (providing appellate court may direct court reporter to prepare, certify,
    and file omitted portions of the reporter’s record). To the extent appellant contends the clerk’s
    record is incomplete, we note the clerk’s record filed in this appeal (appellate cause number 04-
    22-00326-CV) includes the clerk’s record and supplemental clerk’s record filed in the previous
    appeal (appellate cause number 04-21-00114-CV).
    FILE COPY
    _________________________________
    Luz Elena D. Chapa, Justice
    IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
    court on this 24th day of January, 2023.
    ___________________________________
    MICHAEL A. CRUZ, Clerk of Court
    

Document Info

Docket Number: 04-22-00326-CV

Filed Date: 1/24/2023

Precedential Status: Precedential

Modified Date: 1/31/2023