Order filed March 29, 2012.

In The

Fourteenth Court of Appeals

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NO. 14-12-00250-CV

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THOMAS G. SCHURING and ROSE M. SCHURING, Appellants

V.

FOSTERS MILL VILLAGE COMMUNITY ASSOCIATION, Appellee

On Appeal from the 61st District Court

Harris County, Texas

Trial Court Cause No. 2009-76232

O R D E R

On March 13, 2012, appellants’ notice of appeal was assigned to this court. The 

notice of appeal was filed with the Harris County District Clerk on March 9, 2012. The 

notice states that the appeal is taken from an order signed January 26, 2012, denying 

appellants’ motion to dissolve the trial court’s permanent injunction, which had been 

signed November 21, 2010. According to information provided by the Harris County 

District Clerk, no motion for reconsideration or other post-judgment motion was filed after 

the court denied the motion to dissolve. Therefore, appellants’ notice of appeal was due 

February 27, 2012. See Tex. R. App. P. 4.1(a); 26.1. The notice of appeal was filed 
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within fifteen days of its due date. We may extend the time to file a notice of appeal if, 

within 15 days of the filing deadline, appellants file the notice of appeal and a motion 

reasonably explaining the need for the extension. See Tex. R. App. P. 10.5(b)(2); 26.3.

Appellants filed a timely motion to extend time to file their notice of appeal on 

March 12, 2012. In the motion, appellants asserted that they believed that an appeal was 

unavailable because the permanent injunction had been signed November 23, 2010. 

Accordingly, they filed a petition for writ of mandamus. See In re Schuring, No. 

14-12-00201-CV, 2012 WL 727746 (Tex. App.—Houston [14th Dist.] Mar. 2, 2012 (orig. 

proceeding) (mem. op.). This court denied relief, in part because relators did not establish 

that an appeal is inadequate. Id. at *1. As long as a permanent injunction order concerns 

a continuing situation, the trial court retains the power to change, alter, or modify the 

equitable relief it granted upon a showing of changed circumstances. City of Tyler v. St. 

Louis Sw. Ry. Co., 405 S.W.2d 330, 333 (Tex. 1966). The trial court has jurisdiction to 

modify or vacate its permanent injunction judgment because of changed conditions, and 

the judgment doing so, or refusing to do so, is reviewable on appeal. Id. 

No clerk’s record has been filed in this appeal, and appellants have advised the court 

that payment has not been made pending our ruling on their motion to extend time to file 

the notice of appeal. Ordinarily, this court requires a clerk’s record to review whether we 

have jurisdiction over an appeal. However, in this case, we may rely on the certified copy 

of the order being appealed, and other documents, that were included with the petition in 

the related mandamus proceeding. A court of appeals has the power to take judicial notice 

of its own files. See Tello v. Bank One, N.A., 218 S.W.3d 109, 113 n. 4 (Tex. 

App.—Houston [14th Dist.] 2007, no pet.) (appellate court took judicial notice of pertinent 

pleadings included in appellate record from another appeal in same trial court case). A 

court of appeals may take judicial notice of documents from a related mandamus 

proceeding. See Joe Williamson Constr. Co. v. Raymondville I.S.D., 251 S.W.3d 800, 802 

n. 2 (Tex. App.—Corpus Christi 2008, no pet.).
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We have considered appellants’ motion for extension of time and order the motion 

GRANTED. The clerk’s record was due March 26, 2012, but it has not been filed 

because appellants have not paid for its preparation. If the trial court clerk fails to file the 

clerk’s record because appellants failed to pay for preparation of the record, the appellate 

court may dismiss the appeal for want of prosecution. See Tex. R. App. P. 37.3(b). 

Accordingly, unless appellants provide this court with proof of payment for preparation of 

the record within 15 days of the date of this court, the court will consider dismissal of the 

appeal.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Jamison and McCally.