Narrative Opinion Summary
The case involves appellants Senior Care Living, VI, LLC and Mark C. Bouldin, who filed appeals following a trial court's judgment and the appointment of a post-judgment receiver. The appellants faced delays in filing the appellate record, with the clerk's and reporter's records being filed months after the initial deadline. Both parties submitted a joint motion to supplement the reporter’s record due to omitted trial exhibits, referencing Texas Rule of Appellate Procedure 34.6(e)(1). However, the court denied the motion, clarifying that the issue was an omission under Rule 34.6(d), requiring supplementation by the official court reporter. Additionally, the appellants filed an unopposed motion to clarify the briefing schedule due to the incomplete record, which the court granted, suspending the briefing deadline until the record was supplemented. This procedural adjustment was ordered by Judge April Farris, ensuring the appellants could adequately present their case once the record was complete. The case underscores the procedural intricacies in appellate proceedings, particularly concerning record completeness and adherence to briefing schedules.
Legal Issues Addressed
Modification of Briefing Schedulessubscribe to see similar legal issues
Application: The court has the discretion to modify briefing schedules when the appellate record is incomplete.
Reasoning: This motion was granted, and the Court stated that a new deadline for the filing of appellants’ briefs would be established once the supplemental reporter’s record, including the omitted items, was filed.
Supplementation of the Appellate Recordsubscribe to see similar legal issues
Application: The court addressed the appropriate procedures for supplementing an appellate record, emphasizing the distinction between inaccuracies and omissions.
Reasoning: However, the Court determined that the situation did not involve an 'inaccuracy' under this rule but rather an omission, which falls under Rule 34.6(d) allowing for supplementation by the official court reporter.
Timeliness of Appellate Record Filingsubscribe to see similar legal issues
Application: The appellants' delay in filing the appellate record highlights procedural challenges in meeting court deadlines.
Reasoning: The appellate record was initially due on December 2, 2021, but the clerk’s record was not filed until December 17, 2021, and the reporter’s record was filed later on May 25, 2022.