Mark and D'Nella Sherbet v. Rafaella Bender

Opinion

Order entered September 15, 2014

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-14-01047-CV

MARK AND D'NELLA SHERBET, Appellants V.

RAFAELLA BENDER, Appellee

On Appeal from the 162nd Judicial District Court Dallas County, Texas

Trial Court Cause No. DC-12-12935-I

ORDER

The parties have filed an agreed clerk’s record. The record is not certified by the trial

court clerk but was prepared by the parties. Although Texas Rule of Appellate Procedure 34.2 permits the parties to agree on the contents of the appellate record, the rule also provides that, “to request matter to be included in the agreed record, the parties must comply with the procedures in Rules 34.5 and 34.6.” See TEX. R. APP. P. 34.2. Relevant to the clerk’s record, rule 34.5 provides that “any party may file with the trial court clerk a written designation specifying items to be included in the record.” See id. 34.5(b)(1). Based on rules 34.2 and 34.5, we STRIKE the parties’ agreed clerk’s record and ORDER the parties, within ten days of the date of this order, to file with the trial court clerk a written designation specifying the items to be included in the record. Id. 34.2, 34.5. We further ORDER Dallas County District Clerk Gary Fitzsimmons to file, within ten days of the filing of the written designation and payment of the clerk’s fee, a clerk’s record containing the requested items. See id. 35.3(a).

/s/ ELIZABETH LANG-MIERS JUSTICE