Sam C. Tamborello v. Town of Highland Park, Texas ( 2021 )

Order entered February 23, 2021
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00755-CV
SAM C. TAMBORELLO, Appellant
V.
TOWN OF HIGHLAND PARK, TEXAS, Appellee
On Appeal from the 160th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-19-06613
ORDER
The clerk’s record in this appeal has not been filed because appellant has not
paid the fee to have it prepared. Before the Court is appellant’s February 11, 2021
letter to the Court explaining he has not paid the fee because a dispute exists over
the documents that should be included. Appellant requests he be allowed to
“direct” what items to include to ensure the record does not contain any
unnecessary documents.
We note Texas Rule of Appellate Procedure 34.5(a) specifies the items to be
included in the clerk’s record absent an agreed designation by the parties. See TEX.
R. APP. P. 34.5(a). We further note, however, after reviewing the notice of appeal
and attached order being appealed, that it appears no final judgment has been
entered and we may not have jurisdiction over the appeal. See Lehmann v. Har-
Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (subject to mostly statutory
exceptions, appeal may be taken only from final judgment). Accordingly, so that
we may determine our jurisdiction, we ORDER Dallas County District Clerk
Felicia Pitre to file, no later than March 5, 2021, a supplemental clerk’s record
containing a copy of (1) appellant’s and The Town of Highland Park’s live
pleadings, (2) the trial court’s November 7, 2019 order granting Highland Park’s
Rule 91a motion to dismiss, (3) any order severing appellant’s claims against
Highland Park from the other parties, (4) any final judgment, and (5) the trial
court’s docket sheet/case summary. If any of the requested documents do not exist
or cannot be located, Ms. Pitre shall state so in writing.
We DIRECT the Clerk of the Court to send a copy of this order to Ms. Pitre
and the parties.
/s/ ROBERT D. BURNS, III
CHIEF JUSTICE