Russell Caldwell D/B/A RW Caldwell Construction v. Jackie Wright

Opinion

IN THE

TENTH COURT OF APPEALS

No. 10-14-00244-CV

RUSSELL CALDWELL D/B/A RW CALDWELL CONSTRUCTION, Appellant

v.

JACKIE WRIGHT, Appellee

From the 40th District Court Ellis County, Texas

Trial Court No. 85781

ORDER

Plaintiff’s Second Amended Petition and Plaintiff’s Third Amended Petition were not included in the clerk’s record in this appeal.

Unless the parties designate the filings in the appellate record by agreement, the record must include copies of all pleadings in civil cases on which the trial was had. TEX.

R. APP. P. 34.5(a)(1). We have no indication that the filings designated by appellant to be included in the clerk’s record were agreed to by appellee.

Plaintiff’s Second Amended Petition and Plaintiff’s Third Amended Petition are relevant items that have been omitted from the clerk’s record. See id. (c)(1). Accordingly, the trial court clerk is ordered to prepare, certify, and file in this Court a supplemental clerk’s record containing Plaintiff’s Second Amended Petition and Plaintiff’s Third Amended Petition within 14 days from the date of this order. See id.

PER CURIAM

Before Chief Justice Gray, and Justice Davis Order issued and filed May 12, 2016

Caldwell v. Wright Page 2