Darlene C. Amrhein v. Prosperity Bank, Jo'el Doe, Keena Clifton, and Naomi Thames

Order entered January 22, 2019
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01493-CV
DARLENE C. AMRHEIN, Appellant
V.
PROSPERITY BANK, JO'EL DOE, KEENA CLIFTON, AND NAOMI THAMES,
Appellees
On Appeal from the 199th Judicial District Court
Collin County, Texas
Trial Court Cause No. 199-05352-2016
ORDER
Before the Court is appellant's January 8, 2019 letter, in which she appears to be asking
for an extension of time to file her docketing statement and brief, and appellees’ January 14,
2019 response. Appellant appears to seek the extension to file her docketing statement based, in
part, on “issues” with the filing process. She appears to seek the extension to file her brief based,
in part, on an incomplete clerk's record.
To the extent appellant seeks an extension to file her docketing statement, we DENY the
request as moot. A copy of the statement is in the clerk’s record, and we deem that sufficient to
comply with Texas Rule of Appellate Procedure 32.1 requiring the filing of a docketing
statement in civil appeals. See TEX. R. APP. P. 32.1.
To the extent appellant seeks an extension to file her brief, we DENY this request as
premature. The deadline for filing appellant's brief is not triggered until the complete appellate
record is filed. See id. 38.6(a). Not only may the clerk’s record be incomplete, but the reporter’s
record has not been filed. To ensure this appeal is not delayed, we ORDER appellant to file any
request for a supplemental clerk’s record no later than February 1, 2019. The request shall
comply with Texas Rule of Appellate Procedure 34.5(c)(1) and be filed with the trial court clerk.
See id. 34.5(c)(1).
We note that although Texas Rule of Appellate Procedure 10.1(a)(5) requires a party
filing a motion to confer or attempt to confer with all other parties regarding the motion,
appellant failed to do so. See id. 10.1(a)(5). We caution appellant that any further motions shall
comply with the conference requirement of rule 10.1. See id.
/s/ ROBERT D. BURNS, III
CHIEF JUSTICE