Elvira Jones v. Jason Frank Jones

Fourth Court of Appeals San Antonio, Texas March 16, 2022 No. 04-22-00148-CV Elvira JONES, Appellant v. Jason Frank JONES, Appellee From the 81st Judicial District Court, Atascosa County, Texas Trial Court No. 21-05-0410-CVA Honorable Russell Wilson, Judge Presiding ORDER A clerk’s record was filed in this appeal on March 9, 2022. It contains only three documents: (1) a motion for appointment of receiver; (2) a trial court order dated February 10, 2022; and (3) a notice of appeal. This clerk’s record does not comply with Texas Rule of Appellate Procedure 34.5(a), which lists the documents that must be included in the clerk’s record “[u]nless the parties designate the filings in the appellate record by agreement under Rule 34.2.” TEX. R. APP. P. 34.5 (emphasis added). Rule 34.5(a) provides that in civil cases, the documents to be included in the clerk’s record are the following: (1) all pleadings on which the trial was held; (2) the court’s docket sheet, (3) the court’s charge and the jury’s verdict, or the court’s findings of fact and conclusions of law; (4) the court’s judgment or other order that is being appealed; (5) any request for findings of fact and conclusions of law, any post- judgment motion, and the court’s order on the motion; (6) the notice of appeal; (7) any formal bill of exception; (8) any request for a reporter’s record, including any statement of points or issues under Texas Rule of Appellate Procedure 34.6(c); (9) any request for preparation of the clerk’s record; (10) a certified bill of costs including the cost of preparing the clerk’s record, showing credits for payments made; and (11) any filing that a party designates to have included in the record. We ORDER the trial court clerk to file a supplemental clerk’s record that is in compliance with Rule 34.2 on or before April 5, 2022. _________________________________ Liza A. Rodriguez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 16th day of March, 2022. ___________________________________ MICHAEL A. CRUZ, Clerk of Court