# Fourth Court of Appeals

San Antonio, Texas

February 16, 2022

No. 04

- 20

- 00347

- CV

IN THE INTEREST OF E.A.C., a Child,

From the 285th Judicial District Court

, Bexar County, Texas

Trial Court No. 2010

- CI

- 06011

Honorable Aaron Haas , Judge Presiding



### O R D E R

Sitting: Luz Elena D. Chapa, Justice

Beth Watkins, Justice

Liza A. Rodriguez, Justice

This appeal has been submitted on briefs. C arried with this appeal was Ap pellee Nathan

C. ’s Motion to Dismiss and/or Affirm the Trial Court’s Judgment or Alternatively Require the Appellant to Re

- Brief. Nathan C. complains that only a partial reporter’s record has been filed in this appeal and that Appellant Claudia O. failed to comply with Te xas Rule of Appellate

Procedure 34.6 (c).

Rule 34.6(c)(1) permits an appellant to request a partial reporter’s record if she includes in the request a statement of the points or issues to be presented on appeal

. T EX

. R. A PP

. P. 34.6(c)(1). The appeal “will then be limited to those points or issues.” Id

. However, “[a]ny other party may designate additional exhibits and portions of the testimony to be included in the reporter’s record.” Id

. 34.6(c)(2). If this process is followed, the appellate court presumes the partial reporter’s record designated by the parties constitutes the entire record for purposes of reviewing the stated issues. Id . 34.6(c)(4). However, strict compliance with rule 34.6(c) is necessary to activate the presumption that the omitted porti ons of the record are irrelevant. Tull

v. Tull , 159 S.W.3d 758, 761 (Tex. App.

— Dallas 2005, no pet.).

In his motion to dismiss, Nathan C. argues Claudia O. did not comply with Rule

3 4.6(c)(1) because she did not include in her request for a partial repor ter’s record a statement of points or issues to be presented on appeal

. Thus, he was unable to determine whether a partial reporter’s record was sufficient. We agree with Nathan C. that Claudia O. did not comply with Rule 34.6(c) and thus the presumption under rule 34.6(c)(4) does not apply. However, in the interest of justice, we decline to dismiss her appeal and will allow Claudia O. to request the complete reporter’s record of the trial court proceedings she believes is necessar y to her appeal.A ppellee’s motion is GRANTED IN PART AND DENIED IN PART. We ORDER

Claudia O. to request on or before February 28, 2022 the complete reporter ’s record of the specific trial court proceedings she feels are necessary to her appeal. Failure t o file a complete

reporter ’s record will result in a presumption that any omitted portions of the record are relevant and would support the trial court’s order. See Mason v. Our Lady Star of the Sea Catholic

Church , 154 S.W.3d 816, 822 (Tex. App.

— Houston [14 th Dist.] 2005, no pet.)

. We further ORDER appellant to file a copy of her request for a reporter’s record in this court on or before February 28, 2022

. If appellant fails to comply with this order, this appeal will be submitted to the panel with a partial reporter’s record.

We further WITHDRAW the submission date of this appeal. This appeal will be re

submitted on briefs after any reporter’s records are filed.

I t is so ORDERED on this 16th day of February, 2022

.

PER CURIAM

ATTESTED TO :

____________________________

MICHAEL A. CRUZ

, Clerk of Court