No. 03-14-00341-CV 

In the Third Court of Appeals 

James Richardson 

Appellant 

v. 

Maria Torres, Individually and as 

Next Friend of John Marmolejo Torres, 

Daniela Tejeda, and Isabella 

Gonzales, Minors 

Appellees

Appeal from Cause No. C-1-CV-13-009448 

County Court No. 2, Travis County, Texas 

Hon. David Phillips 

APPELLANT’S UNOPPOSED MOTION TO SUPPLEMENT THE RECORD 

KING LAW GROUP, PLLC 

Mary Ellen King 

Texas State Bar No. 24067219 

meking@kinglitigationgroup.com 

Richard C. King Jr.

Texas State Bar No. 24007491 

rking@kinglitigationgroup.com 

28515 Ranch Road 12

Dripping Springs, Texas 78620

512.263.8212 (phone)

512.900.2918 (fax) 

Counsel for Appellant James J. Richardson, IV 

 

ACCEPTED

03-14-00341-CV

4871565

THIRD COURT OF APPEALS

AUSTIN, TEXAS

4/13/2015 5:16:50 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 4/13/2015 5:16:50 PM JEFFREY D. KYLE Clerk
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INTRODUCTION

For months, Appellant James J. Richardson, IV, has attempted to supplement 

the appellate record with documents critical to this appeal that were filed with the 

Travis County Clerk but inexplicably omitted from the lower court record. Having 

now attempted on multiple occasions (to no avail) to have the Travis County Clerk 

take the necessary action to supplement the record and correct its error, Richardson 

respectfully moves this Court to either accept the attached documents in supplement 

to the record or abate the case and order the lower court to take the appropriate steps 

to supplement the record. Appellees do not oppose this Motion to Supplement the 

Record (the “Motion”). 

BACKGROUND

On September 25, 2014, Richardson filed his initial brief. Appellees filed 

their responsive brief on December 18, 2014. Richardson then filed his reply brief 

on February 27, 2015. 

During the course of briefing this appeal, Richardson determined that 

supporting exhibits to his underlying Motion to Set Aside Default Judgment and for 

Sanctions (filed on March 13, 2014, with the Travis County Clerk’s office through 

the electronic filing service company File and ServeXpress) were omitted from the 

lower court docket and, apparently, simply discarded. The underlying motion was 

accompanied by the following supporting exhibits: Exhibit A (Default Judgment), 
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Exhibit B (The Affidavit of W. James Nabholz III dated March 13, 2014), Exhibit 

B-1 (Citation), Exhibit B-2 (Alias Citation), Exhibit B-3 (Affidavit of Service), 

Exhibit B-4 (Letter to Jesus Tirrez dated February 12, 2014), Exhibit B-5 (Letter to 

Jesus Tirrez dated March 12, 2014), and B-6 (Letter from Jesus Tirrez dated March 

12, 2014).1

 Nevertheless, through an error in the Travis County Clerk’s processing 

of Richardson’s filing, the trial court docket inexplicably reflects the underlying 

motion as having been filed without the affidavit or any of the six supporting 

exhibits. 

In order to correct this error, Richardson obtained from File and ServeXpress 

a business records affidavit providing sworn evidence that the affidavit and 

supporting exhibits accompanied the underlying motion were submitted by File and 

ServeXpress as a single filing “Envelope” to the Travis County Clerk for filing on 

March 13, 2014. However, for unknown reasons, the County Clerk docketed only a 

portion of Richardson’s filing (aka the “Envelope”). 

In the weeks leading up to the filing of Richardson’s Reply Brief, Richardson 

repeatedly spoke with the Travis County Clerk’s office (by phone and in person) 

attempting to correct this error and supplement the record. Up and until February 

27, 2015, Richardson believed that the Travis County Clerk had agreed to and would 

promptly supplement the record having received the above-referenced business 

                                                            

1

 A copy of these materials is attached hereto as Exhibit A. 
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records affidavit and the missing documents – materials that the Travis County Clerk 

specifically requested. 

Now, however, Richardson has learned that the Travis County Clerk did not 

supplement the record, and now is apparently institutionally incapable of 

supplementing the record and correcting its error. Consequently, Richardson has 

been forced to file this Motion so the Court will have a full and complete record 

upon which to make its ruling. 

CONCLUSION AND PRAYER

For the foregoing reasons, Richardson respectfully requests that this Court 

grant his Motion and the supplement the appellate record with the attached 

documentation that the Travis County Clerk failed to docket or later add to the 

record. Alternatively, Richardson respectfully requests that the Court abate this case 

and order the lower court clerk to supplement the record so that the Court will have 

a full and complete record to consider. 

 
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Dated this 13th day of April, 2015. 

Respectfully submitted,

KING LAW GROUP, PLLC

 /s/ Mary Ellen King 

Mary Ellen King 

Texas Bar No. 24067219 

meking@kinglitigationgroup.com 

Richard C. King Jr.

Texas State Bar No. 24007491 

rking@kinglitigationgroup.com 

28515 Ranch Road 12

Dripping Springs, Texas 78620

512.263.8212 (phone)

512.900.2918 (fax) 

Attorneys for Appellant James J. 

Richardson, IV 

CERTIFICATE OF CONFERENCE

On April 2, 2015, conference was held with Appellees’ counsel regarding this 

Motion and Appellees do not oppose this Motion. 

 /s/ Mary Ellen King 

 Mary Ellen King 

 
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CERTIFICATE OF SERVICE

On April 13, 2015, in compliance with Texas Rule of Appellate Procedure 

9.5, I served this document on the following counsel of record by e-service, e-mail, 

facsimile, or mail to: 

Jesus Tirrez 

JESUS TIRREZ & ASSOCIATES

1301 South IH-35, Suite 307 

Austin, Texas 78741 

(512) 326-1330 Telephone 

(512) 275-0075 Fax 

Beth Watkins 

Shannon K. Dunn 

LAW OFFICE OF BETH WATKINS

926 Chulie Drive 

San Antonio, Texas 78216 

(210) 225-6666 Telephone 

(210) 225-2300 Fax 

 /s/ Mary Ellen King 

 Mary Ellen King