Michael Francis Palma v. Houston Independent School District and Linebarger, Goggan, Blair and Sampson, LLP

Summary

The First Court of Appeals for the First District of Texas at Houston denies appellant Michael Francis Palma’s motion to complete the appellate record. The court concludes that the requested documents were not required components of the clerk’s record, had not been properly designated, and that no additional reporter’s records existed for the hearings at issue. The court also states that the appellee’s brief remained due on November 9, 2012.

Holdings

1. The court denied appellant's request to supplement the reporter's record because the court reporter confirmed that no records existed for the requested hearings, leaving no additional reporter's records with which the appellate record could be supplemented.
2. The court denied supplementation of the clerk's record because the requested documents did not fall within the documents required by Rule 34.5(a)(1)-(12), and appellant had not shown that he had designated the documents for inclusion or requested a supplemental clerk's record as required by Rule 34.5(a)(13) and (c)(1).

Questions Presented

1. Whether the appellate record should be supplemented with transcripts from hearings for which the court reporter confirmed that no reporter's record existed.
2. Whether the clerk's record should be supplemented with documents that were not required under Texas Rule of Appellate Procedure 34.5(a) and had not been properly designated for inclusion.

Disposition

other