in the Matter of A.C., a Juvenile ( 2015 )

IN THE
TENTH COURT OF APPEALS
No. 10-14-00364-CV
IN THE MATTER OF A.C., A JUVENILE
From the 40th District Court
Ellis County, Texas
Trial Court No. 39503CR
ORDER
Appellant’s Motion to Supplement the Record on Appeal and to Hold the
Briefing Schedule in Abeyance was filed on April 23, 2015. Appellant requests that we
direct the Ellis County District Clerk to supplement the appellate record with
documents referenced by the State in hearings held on October 15 and 16, 2014 and hold
the briefing schedule in abeyance until a complete clerk’s record is filed.
Texas Rule of Appellate Procedure 34.5(c)(1) provides that “If a relevant item has
been omitted from the clerk’s record, the trial court, the appellate court, or any party
may by letter direct the trial court clerk to prepare, certify, and file in the appellate court
a supplement containing the omitted item.” TEX. R. APP. P. 34.5(c)(1). Furthermore,
“[a]ny supplemental clerk’s record will be part of the appellate record.” Id. at (c)(3).
Based on appellant’s motion, it is clear that appellant has not yet made the
specific request contemplated by Rule 34.5(a) and (b) for items to be included in the
clerk’s record. Id. at (a) & (b). Furthermore, the Court is not in a position to determine
if relevant items have been omitted from the clerk’s record nor adequately make a
specific request to the trial court clerk as contemplated by Rule 34.5(c). In such a
situation, the burden is on the appellant to make a specific request to the trial court
clerk to supplement the record. To the extent the appellant’s motion asks this Court to
order the trial court clerk to supplement the record, the motion is denied.
To the extent the motion seeks an extension of time to file appellant’s brief until a
“complete record is filed,” the motion is granted in part. The due date for appellant’s
brief is extended 30 days from its current due date. This should be sufficient time to
allow appellant to request the trial court clerk to supplement the record and the trial
court clerk to file the supplemental record. Because this is an appeal in a juvenile
proceeding, requests for additional time to file the record or appellant’s brief will be
carefully scrutinized.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Motion denied in part, granted in part
Order issued and filed May 7, 2015
In the Matter of A.C. Page 2