in the Matter of the Marriage of Dodi Marie Hildebrand and Christopher Pat Hildebrand and in the Interest of M.R.H.

• Court: Court of Appeals of Texas
• Decided: March 24, 2020
• Docket: 01-18-00933-CV
• Status: Published

Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Christopher Hildebrand v. Dodi Marie Hildebrand

Appellate case number: 01-18-00933-CV

Trial court case number: 16-1905-CV

Trial court: 25th District Court of Guadalupe County

Appellant, Christopher Hildebrand, has filed a motion for bench warrant or to appear by telephone to provide testimony to this Court “for the final hearing.” The Clerk of this Court issued a notice on February 10, 2020, stating, “The Court will not hear oral argument” in this appeal. See TEX. R. APP. P. 39.1 (providing that court of appeals may “decide[] that oral argument is unnecessary” for certain reasons). Moreover, this Court may only consider evidence that was presented to the trial court and appears in the record on appeal. See Ginn v. Forrester, 282 S.W.3d 430, 432–33 (Tex. 2009) (stating that, in restricted appeal, error must appear on face of record and extrinsic evidence will not support restricted appeal); TEX. R. APP. P. 34.1 (“The appellate record consists of the clerk’s record and, if necessary to the appeal, the reporter’s record.”); see also TEX. R. APP. P. 34.5 (clerk’s record), 34.6 (reporter’s record), 38.1(g) (providing that statement of facts in appellant’s brief “must be supported by record references), 38.1(i) (providing that argument in appellant’s brief must be supported “with appropriate citations . . . to the record.”).

Accordingly, we deny appellant’s motion.

It is so ORDERED.

Judge’s signature: /s/ Evelyn V. Keyes  Acting individually Acting for the Court

Date: March 24, 2020