Brown Lab Investments, LLC , Joel Katz and Andrea Katz v. Lane Moesser

• Court: Court of Appeals of Texas
• Decided: July 21, 2022
• Docket: 01-21-00668-CV
• Status: Published

Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Brown Lab Investments, LLC, Joel Katz and Andrea Katz v. Lane Moesser

Appellate case number: 01-21-00668-CV

Trial court case number: 2016-35154

Trial court: 190th District Court of Harris County

Appellee has filed an unopposed motion to supplement volume 22 of the reporter’s record with portions of an omitted transcript from a March 5, 2021 arbitration hearing. Appellee relies on Rule 34.6(e) to permit the supplementation without the court reporter’s certification because volume 22 is inaccurate. See TEX. R. APP. P. 34.6(e). Because appellee seeks to supplement the reporter’s record with omitted materials, appellee must follow Rule 34.6(d), which states, “If anything relevant is omitted from the reporter’s record . . . the appellate court, or any party may by letter direct the official court reporter to prepare, certify, and file in the appellate court a supplemental reporter’s record containing the omitted items.” TEX. R. APP. P. 34.6(d). Accordingly, we deny appellee’s motion. Appellee may request the court reporter to file the supplemental reporter’s record in compliance with Rule 34.6(d).

It is so ORDERED.

Judge’s signature: _____/s/ Sherry Radack________  Acting individually  Acting for the Court

Date: ___July 21, 2022_______