NUMBER 13-16-00602-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
THE STATE OF TEXAS, Appellant,
v.
ANTONIO MENCHACA JR. AND PERLA NEVAREZ, Appellees.
On Appeal from the 444th District Court
of Cameron County, Texas.
ORDER
Before Justices Rodriguez, Garza, and Longoria
Order Per Curiam
This cause is before the Court on the appellees’ amended motion to order
supplementation of the clerk’s record. On November 3, 2016, the appellees filed with
the trial court clerk its designation of clerk’s record. On November 8, 2016, the clerk’s
record was filed but did not contain various items that had been designated by appellees
to be included in the clerk’s record. On November 29, 2016, appellees requested the
clerk’s record be supplemented with the omitted items, but to date the record has not
been supplemented.
When a relevant item has been omitted from the clerk’s record, the appellate court
may by letter direct the trial court clerk to prepare, certify, and file in the appellate court a
supplemental clerk’s record containing the omitted item or items. See TEX. R. APP. P.
34.5(c)(1). Accordingly, the appellees’ motion to supplement the clerk’s record is
GRANTED.
The trial court clerk of the 444th District Court of Cameron County is directed to
prepare a supplemental record in this case to include 1) September 28, 2016 – Exhibits
A thru H of Claimant’s First Amended Answer, Plea to the Jurisdiction, Special
Exceptions, Motion for Return of Seized Property & Counterclaim; 2) October 10, 2016 –
State of Texas Trial Brief on the State’s Plea to the Jurisdiction along with Exhibit A thru
J; and 3) October 10, 2016 – Defendant-Counterclaimant’s Brief on Issues before the
Court. The supplemental record shall be filed with this Court within 20 days from the
date of this order.
IT IS SO ORDERED.
PER CURIAM
Delivered and filed this
the 3rd day of January, 2017.
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