IN THE
TENTH COURT OF APPEALS
No. 10-16-00446-CV
JAY PARKER AND LINDSEY PARKER,
Appellant
v.
GLENN WEBER,
Appellee
From the 74th District Court
McLennan County, Texas
Trial Court No. 2015-2039-3
ORDER
In a motion filed on March 15, 2017, appellants request that this Court order the
trial court clerk to supplement the record pursuant to Rule 51 of the Texas Rules of
Appellate Procedure and that we extend the time to file their brief until the supplemental
clerk’s record is filed. The motion is dismissed in part and granted in part.
Rule 51 of the Texas Rules of Appellate Procedure was amended in 1997 and now
relates to the enforcement of judgments after the appellate court mandate issues. Rule
34.5(c) is the current rule that controls the procedure to supplement the clerk’s record and
permits the party to simply request supplementation from the clerk without an order
from the Court. TEX. R. APP. P. 34.5(c).
Nevertheless, rather than wait for an order from this Court, the trial court clerk
obviously construed the motion, as we would have hoped, under the new rule as a
request to supplement the clerk’s record. The supplemental clerk’s record containing the
requested documents was filed on March 16, 2017. Accordingly, appellants’ motion to
supplement the clerk’s record is dismissed as moot.
Appellants’ motion to extend the time to file their brief is granted. Appellants’
brief is due 30 days after the date the supplemental clerk’s record was filed with this
Court.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Motion dismissed in part and granted in part
Order issued and filed March 22, 2017
Parker v. Weber Page 2