Dr. Julius Tabe v. Texas Inpatient Consultants ( 2022 )

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: Julius Tabe, M.D. v. Texas Inpatient Consultants, LLP Appellate case number: 01-22-00294-CV Trial court case number: 2014-73381 Trial court: 129th District Court of Harris County On November 4, 2022, appellee, Texas Inpatient Consultants, LLP filed a letter with the Court “requesting that the Court supplement the [c]lerk[‘]s [r]ecord with the documents appended to [appellee’s] brief” pursuant to Texas Rule of Appellate Procedure 34.5(c), titled “supplementation.” See TEX. R. APP. P. 34.5(c). We construe appellee’s letter as a letter motion requesting that this Court “supplement” the clerk’s record. This Court is not responsible for the preparation or supplementation of the clerk’s record for an appeal. The responsibility for preparing, or supplementing, the clerk’s record lies with the trial court clerk. See TEX. R. APP. P. 35.3 (“The trial court clerk is responsible for preparing, certifying and timely filing the clerk’s record.”). Further, in the event a party, or this Court, believes “a relevant item has been omitted from the clerk’s record,” that party “may by letter” request that the “trial court clerk to prepare, certify, and file in the appellate court a supplement containing” any such omitted item. See TEX. R. APP. P. 34.5(c). Accordingly, appellee’s letter motion for this Court to supplement the clerk’s record is denied. Nothing in this order precludes any party, including appellee, from requesting that the trial court clerk supplement the clerk’s record in accordance with the Texas Rules of Appellate Procedure. It is so ORDERED. Judge’s signature: ___/s/ Amparo Guerra__________  Acting individually  Acting for the Court Date: __November 22, 2022______