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. Carried with this appeal was Appellee 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 Texas 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. TEX. R. APP. 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 portions 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 

34.6(c)(1) because she did not include in her request for a partial reporter’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 necessary to her appeal. 
Appellee’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 to 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 [14th 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 resubmitted on briefs after any reporter’s records are filed. 

It is so ORDERED on this 16th day of February, 2022.

 PER CURIAM

 ATTESTED TO: ____________________________

 MICHAEL A. CRUZ, Clerk of Court