IN THE
TENTH COURT OF APPEALS
No. 10-14-00244-CV
RUSSELL CALDWELL D/B/A
RW CALDWELL CONSTRUCTION,
Appellant
v.
JACKIE WRIGHT,
Appellee
From the 40th District Court
Ellis County, Texas
Trial Court No. 85781
ORDER
Plaintiff’s Second Amended Petition and Plaintiff’s Third Amended Petition were
not included in the clerk’s record in this appeal.
Unless the parties designate the filings in the appellate record by agreement, the
record must include copies of all pleadings in civil cases on which the trial was had. TEX.
R. APP. P. 34.5(a)(1). We have no indication that the filings designated by appellant to be
included in the clerk’s record were agreed to by appellee.
Plaintiff’s Second Amended Petition and Plaintiff’s Third Amended Petition are
relevant items that have been omitted from the clerk’s record. See id. (c)(1). Accordingly,
the trial court clerk is ordered to prepare, certify, and file in this Court a supplemental
clerk’s record containing Plaintiff’s Second Amended Petition and Plaintiff’s Third
Amended Petition within 14 days from the date of this order. See id.
PER CURIAM
Before Chief Justice Gray, and
Justice Davis
Order issued and filed May 12, 2016
Caldwell v. Wright Page 2