Order entered December 2, 2021
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00746-CV
KENNETH GORDON, ET AL., Appellants
V.
TRUCKING RESOURCES INC., Appellee
On Appeal from the 366th Judicial District Court
Collin County, Texas
Trial Court Cause No. 366-02385-2019
ORDER
This is an appeal from an order confirming an arbitration award. Before the
Court is appellants’ November 30, 2021 motion to extend the time to file their brief
on the merits. Appellants ask the time to file their brief run from the date a
supplemental clerk’s record containing the record from the proceedings before the
American Arbitration Association (AAA) is filed. The record before this Court
reflects that the record of the AAA proceeding was not before the trial court.
Accordingly, we DENY the motion. See TEX. R. APP. P. 34.5(c); Intermarque
Auto. Products, Inc. v. Feldman, 21 S.W.3d 544, 547 n.3 (Tex. App.—Texarkana
2000, no pet.) (observing that while Rule 34.5(c) allows courts to supplement
the record, it does not allow an appellate court to consider documents which were
not on file with the trial court at the time the trial court ruled).
On the Court’s own motion, we extend the deadline for appellants’ brief to
January 3, 2022.
/s/ CRAIG SMITH
JUSTICE