Kenneth Leo Buholtz v. Texas Department of Transportation

Order entered January 17, 2019
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01284-CV
KENNETH LEO BUHOLTZ, Appellant
V.
TEXAS DEPARTMENT OF TRANSPORTATION, Appellee
On Appeal from the County Court at Law No. 6
Collin County, Texas
Trial Court Cause No. 006-02337-2018
ORDER
By letter dated January 14, 2019, the court reporter informed the Court that appellant has
not requested preparation of the reporter’s record in the underlying case. In correspondence with
this Court, appellant has requested the reporter’s record only from a hearing held in a special
commissioner’s court on October 18, 2018 in an on-going companion case involving eminent
domain. This Court’s review is generally limited to the record before the trial judge. See Perry
Homes v. Cull, 258 S.W.3d 580, 596 n.89 (Tex. 2008). Because appellant has not requested the
record of the hearing on appellee’s plea to the jurisdiction, the subject of this appeal, we
ORDER the appeal be submitted without the reporter’s record. See TEX. R. APP. P. 37.3(c).
On the Court’s own motion, we DIRECT the Clerk of this Court to send appellant a
paper copy of the clerk’s record. Appellant shall file his brief by March 4, 2019.
/s/ ROBERT D. BURNS, III
CHIEF JUSTICE