OPINION
Opinion by
KAREN ANGELINI, Justice.
Appellant Ismael Reyes and his wife Evangelina Reyes,2 purchased a home located at 519 Deer County, San Antonio, Texas and have been using it as their homestead. On March 25, 1999, in order to secure payment of a note, Reyes and his wife executed a Deed of Trust. Upon their default and after appropriate notice, their home was sold at a non-judicial foreclosure sale to Credit Based Asset Servicing and Securitization (“Credit Based”), who received a Substitute Trustee’s Deed as evidence of title. The Substitute Trustee’s Deed provided that upon a non-judicial foreclosure sale, Reyes was to surrender his home to Credit Based or be deemed a tenant at sufferance. On October 12, 2004, Credit Based filed an original petition for forcible detainer. Credit Based then conveyed its interest in the home to Pledged Property II LLC (“Pledged”). As a successor in interest, Pledged filed a motion for summary judgment and, thereafter, an amended original petition for forcible detainer. Reyes filed a response to the motion for summary judgment, objecting to the summary judgment evidence. On March 3, 2005, the [738]*738trial court granted summary judgment in favor of Pledged. On March 8, 2005, the trial court set supersedeas bond at $20,000.00. Reyes appeals. There is no reporter’s record on appeal of either hearing.
STANDARD OP REVIEW
To obtain a traditional summary judgment, a party moving for summary judgment must show that no genuine issue of material fact exists and that the party is entitled to judgment as a matter of law. Tex.R. Crv. P. 166a(e); Randall’s Food Mkts., Inc. v. Johnson, 891 S.W.2d 640, 644 (Tex.1995); Nixon v. Mr. Prop. Mgmt. Co., 690 S.W.2d 546, 548 (Tex.1985). In reviewing the grant of a summary judgment, we must indulge every reasonable inference and resolve any doubts in favor of the nonmovant. Johnson, 891 S.W.2d at 644; Nixon, 690 S.W.2d at 549. In addition, we must assume all evidence favorable to the nonmovant is true. Johnson, 891 S.W.2d at 644; Nixon, 690 S.W.2d at 548-49. A defendant is entitled to summary judgment if the evidence disproves as a matter of law at least one element of the plaintiffs cause of action. Lear Siegler, Inc. v. Perez, 819 S.W.2d 470, 471 (Tex.1991). Once the movant has established a right to summary judgment, the burden shifts to the nonmovant to present evidence that would raise a genuine issue of material fact. City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 678 (Tex.1979).
Summary Judgment Analysis
A. Finality of Judgment
Reyes argues that the trial court’s summary judgment order was not a final judgment because the trial court failed to dispose of Pledged’s claim for attorney’s fees. In its petition for forcible detainer, Pledged asked that the trial court grant attorney’s fees; however, Pledged did not pray for such relief in its motion for summary judgment. The trial court’s order granting summary judgment did not address or award attorney’s fees.
For support, Reyes relies on McNally v. Guevara, 52 S.W.3d 195, 196 (Tex.2001). In response, Pledged argues that McNally is distinguishable. We agree with Pledged. In McNally, the defendants filed a motion for summary judgment that addressed only their easement issues and not their claim for attorney’s fees. Id. at 195. The trial court granted the motion and captioned its order “Judgment.” The “Judgment” stated that the defendants’ motion “should be in all things granted” but it did not refer to the defendants’ claim for attorney’s fees. Id. at 195-96. On appeal, the court held that “a party’s omission of one of his claims from a motion for summary judgment does not waive the claim because a party can always move for partial summary judgment, ... and thus there can be no presumption that a motion for a summary judgment addressed all of the movant’s claims.” Id. at 196. The court further stated that “[njothing in the trial court’s judgment, other than its award of costs to the defendants, suggests that it intended to deny the defendants’ claim for attorneys fees. The award of costs, by itself, does not make the judgment final.” Id. Thus, the order was not final on its face. Id.
In contrast, here the order was captioned “Final Summary Judgment” and concluded with the statement that “[t]his is a final judgment and is appealable.” The Texas Supreme Court has held that a statement like, “[tjhis judgment finally disposes of all parties and all claims and is appealable,” would leave no doubt about the court’s intention. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 206 (Tex.2001). According to the court, there must be [739]*739some clear indication that the trial court intended the order to completely dispose of the entire case. Id. An order must be read in light of the importance of preserving a party’s right to appeal. Id. Here, the order granting summary judgment clearly indicates that the trial court intended for the order to be final and appealable. We, therefore, conclude that the trial court entered a final and appealable judgment.
B. Pleadings Filed After Motion for Summary Judgment
Reyes further contends that the trial court improperly considered Pledged’s amended original petition because it was filed after the motion for summary judgment. Pledged filed its motion for summary judgment on February 4, 2005, and filed its amended original petition for forcible detainer on February 8, 2005. On February 28, 2005, Reyes filed his response to the motion for summary judgment, objecting to the summary judgment evidence. On March 3, 2005, more than twenty-one days after the motion was filed, see Tex.R. Civ. P. 166a (c), the trial court, after a hearing, granted the motion for summary judgment.
Texas Rules of Civil Procedure 166a(c) provides that the trial court should render summary judgment based on “the pleadings ... on file at the time of the hearing.” Tex.R. Civ. P. 166(a)(c) (emphasis added). Rule 63 provides that: “[pjarties may amend their pleadings ... as they may desire by filing such pleas with the clerk at such time as not to operate as a surprise to the opposite party; provided, that any pleadings ... offered for filing within seven days of the date of trial ..., shall be filed only after leave of the judge is obtained. ...” Tex.R. Civ. P. 63.
Without citing any authority, Reyes argues that “[i]t is fundamentally unfair to file a motion for summary judgment based on one operative pleading, amend, and then appear in court and seek judgment on that amended pleading.” Here, the amended petition was filed more than seven days before the hearing, and there is nothing in the record to indicate that Reyes was surprised. The amended petition did not assert a new cause of action or defense.
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OPINION
Opinion by
KAREN ANGELINI, Justice.
Appellant Ismael Reyes and his wife Evangelina Reyes,2 purchased a home located at 519 Deer County, San Antonio, Texas and have been using it as their homestead. On March 25, 1999, in order to secure payment of a note, Reyes and his wife executed a Deed of Trust. Upon their default and after appropriate notice, their home was sold at a non-judicial foreclosure sale to Credit Based Asset Servicing and Securitization (“Credit Based”), who received a Substitute Trustee’s Deed as evidence of title. The Substitute Trustee’s Deed provided that upon a non-judicial foreclosure sale, Reyes was to surrender his home to Credit Based or be deemed a tenant at sufferance. On October 12, 2004, Credit Based filed an original petition for forcible detainer. Credit Based then conveyed its interest in the home to Pledged Property II LLC (“Pledged”). As a successor in interest, Pledged filed a motion for summary judgment and, thereafter, an amended original petition for forcible detainer. Reyes filed a response to the motion for summary judgment, objecting to the summary judgment evidence. On March 3, 2005, the [738]*738trial court granted summary judgment in favor of Pledged. On March 8, 2005, the trial court set supersedeas bond at $20,000.00. Reyes appeals. There is no reporter’s record on appeal of either hearing.
STANDARD OP REVIEW
To obtain a traditional summary judgment, a party moving for summary judgment must show that no genuine issue of material fact exists and that the party is entitled to judgment as a matter of law. Tex.R. Crv. P. 166a(e); Randall’s Food Mkts., Inc. v. Johnson, 891 S.W.2d 640, 644 (Tex.1995); Nixon v. Mr. Prop. Mgmt. Co., 690 S.W.2d 546, 548 (Tex.1985). In reviewing the grant of a summary judgment, we must indulge every reasonable inference and resolve any doubts in favor of the nonmovant. Johnson, 891 S.W.2d at 644; Nixon, 690 S.W.2d at 549. In addition, we must assume all evidence favorable to the nonmovant is true. Johnson, 891 S.W.2d at 644; Nixon, 690 S.W.2d at 548-49. A defendant is entitled to summary judgment if the evidence disproves as a matter of law at least one element of the plaintiffs cause of action. Lear Siegler, Inc. v. Perez, 819 S.W.2d 470, 471 (Tex.1991). Once the movant has established a right to summary judgment, the burden shifts to the nonmovant to present evidence that would raise a genuine issue of material fact. City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 678 (Tex.1979).
Summary Judgment Analysis
A. Finality of Judgment
Reyes argues that the trial court’s summary judgment order was not a final judgment because the trial court failed to dispose of Pledged’s claim for attorney’s fees. In its petition for forcible detainer, Pledged asked that the trial court grant attorney’s fees; however, Pledged did not pray for such relief in its motion for summary judgment. The trial court’s order granting summary judgment did not address or award attorney’s fees.
For support, Reyes relies on McNally v. Guevara, 52 S.W.3d 195, 196 (Tex.2001). In response, Pledged argues that McNally is distinguishable. We agree with Pledged. In McNally, the defendants filed a motion for summary judgment that addressed only their easement issues and not their claim for attorney’s fees. Id. at 195. The trial court granted the motion and captioned its order “Judgment.” The “Judgment” stated that the defendants’ motion “should be in all things granted” but it did not refer to the defendants’ claim for attorney’s fees. Id. at 195-96. On appeal, the court held that “a party’s omission of one of his claims from a motion for summary judgment does not waive the claim because a party can always move for partial summary judgment, ... and thus there can be no presumption that a motion for a summary judgment addressed all of the movant’s claims.” Id. at 196. The court further stated that “[njothing in the trial court’s judgment, other than its award of costs to the defendants, suggests that it intended to deny the defendants’ claim for attorneys fees. The award of costs, by itself, does not make the judgment final.” Id. Thus, the order was not final on its face. Id.
In contrast, here the order was captioned “Final Summary Judgment” and concluded with the statement that “[t]his is a final judgment and is appealable.” The Texas Supreme Court has held that a statement like, “[tjhis judgment finally disposes of all parties and all claims and is appealable,” would leave no doubt about the court’s intention. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 206 (Tex.2001). According to the court, there must be [739]*739some clear indication that the trial court intended the order to completely dispose of the entire case. Id. An order must be read in light of the importance of preserving a party’s right to appeal. Id. Here, the order granting summary judgment clearly indicates that the trial court intended for the order to be final and appealable. We, therefore, conclude that the trial court entered a final and appealable judgment.
B. Pleadings Filed After Motion for Summary Judgment
Reyes further contends that the trial court improperly considered Pledged’s amended original petition because it was filed after the motion for summary judgment. Pledged filed its motion for summary judgment on February 4, 2005, and filed its amended original petition for forcible detainer on February 8, 2005. On February 28, 2005, Reyes filed his response to the motion for summary judgment, objecting to the summary judgment evidence. On March 3, 2005, more than twenty-one days after the motion was filed, see Tex.R. Civ. P. 166a (c), the trial court, after a hearing, granted the motion for summary judgment.
Texas Rules of Civil Procedure 166a(c) provides that the trial court should render summary judgment based on “the pleadings ... on file at the time of the hearing.” Tex.R. Civ. P. 166(a)(c) (emphasis added). Rule 63 provides that: “[pjarties may amend their pleadings ... as they may desire by filing such pleas with the clerk at such time as not to operate as a surprise to the opposite party; provided, that any pleadings ... offered for filing within seven days of the date of trial ..., shall be filed only after leave of the judge is obtained. ...” Tex.R. Civ. P. 63.
Without citing any authority, Reyes argues that “[i]t is fundamentally unfair to file a motion for summary judgment based on one operative pleading, amend, and then appear in court and seek judgment on that amended pleading.” Here, the amended petition was filed more than seven days before the hearing, and there is nothing in the record to indicate that Reyes was surprised. The amended petition did not assert a new cause of action or defense. It merely clarified that Pledged, not the original owner, was the one moving for summary judgment as a successor in interest. In addition, the motion for summary judgment itself already stated that Pledged was successor in interest to Credit Based. Therefore, it was not fundamentally unfair for Pledged to amend its original petition more than seven days before the hearing. We overrule this issue.
C. Summary Judgment Evidence
Reyes also argues that the motion and summary judgment evidence were defective and did not support summary judgment because one of the exhibits attached to the motion was incomplete. We disagree. The clerk’s record includes the complete exhibit of which Reyes complains. Thus, we overrule this issue.
SUPERSEDEAS BOND HEARING
Finally, Reyes argues that the trial court should have required the court reporter to record the hearing on the super-sedeas bond before setting a supersedeas bond at $20,000.00. The Texas Property Code provides, “In setting the supersedeas bond the county court shall provide protection for the appellee to the same extent as in any other appeal, taking into consideration the value of rents likely to accrue during appeal, damages which may occur as a result of the stay during appeal, and other damages or amounts as the court may deem appropriate.” Tex. Prop.Gode Ann. § 24.007 (Vernon 2000). After re[740]*740viewing the record, we conclude that Reyes has waived this issue.
Under Texas Rules of Appellate Procedure 13.1(a), a court reporter must take a full record of all proceedings unless excused by agreement of the parties. Tex. R.App. P. 13.1(a). Unless the parties expressly waive their right to a record, the court reporter’s failure to transcribe the proceedings violates rule 13.1(a) and constitutes error. Id.; Rittenhouse v. Sabine Valley Ctr. Found., Inc., 161 S.W.3d 157, 161-62 (Tex.App.-Texarkana 2005, no pet.). However, in order to preserve the error for appeal, a party has the burden of objecting to the court reporter’s failure to record the proceedings. See Tex.R.App. P. 33.1(a); see also Valle v. State, 109 S.W.3d 500, 508-09 (Tex.Crim.App.2003); Rittenhouse, 161 S.W.3d at 162. This comports with the general rules that an appellate court may consider a case based only upon the clerk’s and/or reporter’s record filed which must show the complaint was made to the trial court by a timely request, objection, or motion. See Tex.R.App. P. 33.1(a); see also Brown v. McGonagill, 940 S.W.2d 178, 179 (Tex.App.-San Antonio 1996, no writ.).
Here, because there is no reporter’s record, there is no record of a verbal objection and, thus, the objection apprising the trial court that the court reporter failed to comply with Rule 13.1(a) must be preserved by filing a motion or other written objection. Here, the clerk’s record contains no motion or written objection regarding the court reporter’s failure to make a record. As such, Reyes has failed to preserve this issue for appeal.
Conclusion
We overrule Reyes’s issues and affirm the judgment of the trial court.
Concurring opinion by SARAH B. DUNCAN, Justice.