William Solomon Lewis v. Mark Anthony Aguirre ( 2017 )

COURT OF APPEALS FOR THE
FIRST DISTRICT OF TEXAS AT HOUSTON
NOTICE
Appellate case name: William Solomon Lewis v. Mark Anthony Aguirre
Appellate case number: 01-17-00063-CV
Trial court case number: 1062343
Trial court: County Civil Court at Law No. 4 of Harris County
Appellant, William Solomon Lewis, has filed a “Notice of Restricted Appeal” of
the trial court’s August 8, 2016 order of dismissal. The clerk’s record was filed in this
Court on March 7, 2017. Appellant has filed a “Motion to Supplement the Record,”
pursuant to Texas Rule of Appellate Procedure 34.5(e).1 On April 17, 2017, the trial
Court clerk filed a supplemental clerk’s record in this Court, reflecting that the trial court
“has no record” of a motion for continuance filed on July 27, 2016, and appellant’s copy
of the motion “does not have a receiv[ed] stamp indicating that we in fact received his
motion.” We deny the motion.
The Clerk of this Court is directed to send to appellant a copy of the one-volume
supplemental clerk’s record, filed on April 17, 2017.
Judge’s signature: /s/ Russell Lloyd

Date: April 25, 2017
1
Texas Rule of Appellate Procedure 34.5(e) provides that, if an item designated for
inclusion in the clerk’s record has been lost or destroyed, “the parties may, by written
stipulation, deliver a copy of that item to the trial court clerk for inclusion in the clerk’s
record or a supplement” and, “[i]f the parties cannot agree,” the trial court is to resolve
any dispute. TEX. R. APP. P. 34.5(e); see Goetz v. Goetz, No. 01-10-00286-CV, 2012 WL
1454385, at *1 (Tex. App.—Houston [1st Dist.] Apr. 26, 2012, no pet.) (mem. op.).