Order entered March 9, 2015
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-00031-CV
ROBERT PHALEN, Appellant
V.
WAYNE KIRK, ET AL., Appellee
On Appeal from the 191st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-13-00528
ORDER
By order dated February 25, 2015, the Court ordered Felicia Pitre, District Clerk of
Dallas County, Texas to file a supplemental clerk’s record including the original petition in
intervention in this case. By letter dated March 4, 2015, the district clerk’s office responded that
the “Original Petition in Intervention requested to be sent as a supplemental clerk’s record is
listed on the index as no. 5 of the original Clerk’s Record” filed in this Court on February 11,
2015. Inspection of the clerk’s record reveals that the document listed as item number five on
the index of the clerk’s record is identified as “Order on Defendants’ Joint Motion to Sever and
Stay Claims of Plaintiff Jamie Davis and to Sever Claims of Plaintiff Robert Phalen, January 15,
2013.” Further inspection of the clerk’s record reveals that the “Original Petition in
Intervention” dated September 20, 2012 and Plaintiffs’ Sixth Amended Original Petition are
included in the clerk’s record between items number five and item six, the trial court’s June 7,
2013 “Order to Vacate & Reinstate,” but that neither pleading is bookmarked or included in the
index of the clerk’s record. So that the clerk’s record is useable by the Court and the parties, the
Court ORDERS Felicia Pitre, District Clerk of Dallas County, Texas to file within FIVE (5)
days of the date of this order a corrected clerk’s record that includes both documents in the
index and the bookmarks of the clerk’s record.
/s/ CAROLYN WRIGHT
CHIEF JUSTICE