COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Jose Luis Cardenas a/k/a Jose L. Cardenas a/k/a Jose Luis Cardenas 

d/b/a J&S Body Shop v. Betty Wilson & Jeffery Wilson

Appellate case number: 01-13-00509-CV

Trial court case number: 2013-25987

Trial court: 215th District Court of Harris County

Appellant, Jose Luis Cardenas, has filed a “Motion for a Filing Deadline Extension.” In 

his motion, Cardenas states that he is “await[ing] the final draft of a court reporter transcript” and 

“offered to avoid needing a corrected court reporter transcript” by submitting “the digital 

recording of the proceeding,” and he requests an extension of time to file his brief until after “the 

final draft of a court reporter transcript is hopefully successfully obtained.” We deny the motion

in part, but grant an extension of time to file the brief and order the brief due 30 days from the 

date of this order.

When trial court proceedings are stenographically recorded, the reporter’s record consists 

of the court reporter’s transcription of the portions of the proceedings designated by the parties. 

See TEX. R. APP. P. 34.6(a)(1). If anything relevant is omitted from the record, any party may by 

letter direct the court reporter to file a supplemental record containing the omitted item. See

TEX. R. APP. P. 34.6(d). If the reporter’s record contains any inaccuracies, the parties may agree 

to correct the inaccuracy or, if a dispute arises after the record has been filed in the appellate 

court and the parties cannot agree to a correction, we may submit the dispute to the trial court for 

resolution. See TEX. R. APP. P. 34.6(e)(1), (3).

The court reporter filed the reporter’s record in this case on July 1, 2013. The record 

indicates that the proceedings in the trial court were recorded by stenographic method. 

Therefore, the reporter’s record in this appeal consists of the court reporter’s transcription of the 

proceedings designated by the parties.1 See TEX. R. APP. P. 34.6(a)(1). In his motion, Cardenas 

 

1 The clerk’s record on file with the Court contains no written request for preparation of 

the reporter’s record, nor does it contain any designation of the proceedings to be 

transcribed or exhibits to be included in the record. See TEX. R. APP. P. 34.5(a)(9) 

(requiring written request for reporter’s record to be included in clerk’s record); 

34.6(b)(1) (requiring appellant to request preparation of reporter’s record in writing and 
states that he “offered to avoid needing a corrected” reporter’s record and that he is awaiting the 

“final draft” of the reporter’s record, but he fails to state that the record is incomplete or provide 

any indication as to what, if anything, is inaccurate in the record or otherwise in need of 

correction. 

Accordingly, we DENY Cardenas’ motion insofar as it requests an indefinite extension of 

time. If the reporter’s record contains an inaccuracy, the parties should notify the Court of any 

agreement they make to correct the record or Cardenas should notify this Court of any dispute 

regarding the accuracy of the record, so that we may submit the dispute to the trial court for 

resolution. See TEX. R. APP. P. 34.6(e)(1), (3).

We grant an extension of time to file a brief, and ORDER Cardenas to file his brief 

within 30 days. If the brief is not filed within 30 days, Cardenas must move for a further

extension of time providing a reasonable explanation of the need for any further extension, or his 

appeal may be dismissed. See TEX. R. APP. P. 10.5(b), 38.6(d), 38.8(a), 42.3(b).

It is so ORDERED.

Judge’s signature: /s/ Jane Bland

 Acting individually  Acting for the Court

Date: July 30, 2013

 

to designate portions of proceedings and exhibits to be included), (b)(2) (requiring 

appellant to file copy of written request with trial court clerk).