In the Estate of Emily D. Prieto, Deceased

Summary

The Fourth Court of Appeals in San Antonio orders the Webb County trial court clerk to supplement the appellate record with specified probate documents under Texas Rule of Appellate Procedure 34.5(c). The court also grants an extension of time for appellee to file a responsive brief.

Holdings

1. The appellate court may direct the trial court clerk to prepare, certify, and file a supplemental record containing relevant items omitted from the clerk's record, and the court ordered supplementation of the identified probate documents.
2. Appellee's request for an extension of time to file the responsive brief was granted, with the brief due February 9, 2023.

Questions Presented

1. Whether the appellate court should direct the trial court clerk to supplement the clerk's record with omitted relevant documents under Texas Rule of Appellate Procedure 34.5(c).
2. Whether appellee should receive an extension of time to file a responsive brief because of the incomplete clerk's record.

Disposition

other