Order entered January 29, 2019
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00020-CV
BRENDA KAPPOS, Appellant
V.
DOUGLAS F. BAXTER, Appellee
On Appeal from the 14th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-18-11757
ORDER
Before the Court is appellant’s January 25, 2019 request for additional time to file the
clerk’s and reporter’s records. Also before the Court is the letter from the Dallas County District
Clerk explaining that the clerk’s record has been prepared but appellant refuses to pay for it.
Rather, appellant requests that the clerk’s record contain only the docket sheet, the original
petition, order appealed, notice of appeal, and request for the clerk’s record.
Barring an agreement between the parties, the clerk’s record must include, as pertinent
here, (1) all pleadings on which the trial was held, (2) the court’s judgment or other order that is
being appealed, (3) any request for findings of fact and conclusions of law, any post-judgment
motion, and the court’s order on the motion, (4) the notice of appeal, (5) any requests for the
clerk’s record and reporter’s record, (6) a certified bill of costs including the cost of preparing
the clerk’s record, showing credits for payments made, and (7) any filing that a party designates
to have included in the record. See TEX. R. APP. P. 34.5(a)(1), (5), (6), (7), (9), (10), (11), (13).
Accordingly, we GRANT appellant’s motion as follows. We ORDER Dallas County District
Clerk Felicia Pitre to file a clerk’s record that complies with rule 34.5 by February 12, 2019.
We further ORDER appellant to file, by February 26, 2019, written verification that she
has requested preparation of the reporter’s record. We caution appellant that if she fails to
comply, the Court may order the appeal be submitted without the reporter’s record. See TEX. R.
APP. P. 37.3(c).
We DIRECT the Clerk of this Court to send a copy of this order to Ms. Pitre and all
parties.
/s/ BILL WHITEHILL
JUSTICE