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Fluor Intercontinental, Inc v. Dawson

Court of Appeals of Texas, Fifth District, Dallas

January 29, 2014

FLUOR INTERCONTINENTAL, INC, Appellant
v.
DAVID DAWSON, Appellee

On Appeal from the 134th Judicial District Court Dallas County, Texas Trial Court Cause No. 09-15340

ORDER

ELIZABETH LANG-MIERS JUSTICE

Before the Court is appellant's January 27, 2014 motion for extension of time to file brief. In the motion, appellant asserts the reporter's record is deficient in that it contains duplicated and incomplete testimony and incomplete exhibits. Appellant further asserts it has communicated the deficiencies to the reporter, and the reporter is preparing a supplemental record. Although the motion does not reflect when the supplemental record will be filed and it has not yet been filed, appellant seeks an additional fourteen days from the February 17, 2014 briefing deadline to file its brief. Appellee opposes the motion.

Because the time to file briefs does not begin until the appellate record is complete and the record does not appear complete, appellant's brief is not yet due and no extension is necessary. See Tex. R. App. P. 38.6(a). We DENY appellant's motion as premature. Because no date certain exists for when the supplemental record should be filed, we ORDER Vielica Dobbins, Official Court Reporter for the 134th Judicial District Court, to file the supplemental record no later than February 10, 2014.

We DIRECT the Clerk of the Court to send a copy of this order by electronic transmission to Ms. Dobbins and all parties. We further DIRECT the Clerk of the Court to remove the briefing deadline. The deadline ...


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