COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Laurie Ann McRay, Infinity Capital, LLC, and McRay Money 

Management, LLC v. Dow Golub Remels & Gilbreath PLLC 

(assignee of DGR)

Appellate case number: 01-21-00032-CV

Trial court case number: 2015-47112

Trial court: 333rd District Court of Harris County

On March 26, 2021, appellants, Laurie Ann McRay, Infinity Capital, LLC, and 

McRay Money Management, LLC filed a “Motion to Supplement the Clerk’s Record & 

Notice of Supplemental Reporter’s Record Request.” In the motion, appellants: (1) notify 

this Court that after reviewing the clerk’s record, filed by the trial court clerk on February 

15, 2021, appellants “noticed several missing items,” (2) notify this Court that they have 

sought that a transcript of a trial court hearing, held on March 11, 2021 regarding 

appellants’ motion for new trial/rehearing, be included in the reporter’s record, and (3) 

“request that this Court abstain from setting a briefing deadline until the official appellate 

record . . . is complete.” 

With respect to items appellants seek to be included in the clerk’s record, appellants’ 

motion states that it “move[s] to supplement the filed [c]lerk’s [r]ecord” with certain items 

appellants believe to be missing from the clerk’s record filed on February 15, 2021. The 

motion later notes that appellants have “contacted the [d]istrict [c]lerk to request that a 

[s]upplemental [c]lerk’s [r]ecord be filed and [have] made payment arrangements.” It is 

not clear from appellants’ motion what relief, if any, appellants seek from this Court 

regarding their request for the preparation of a supplemental clerk’s record. A request for 

preparation of a supplemental clerk’s record should be directed to the trial court clerk. See

TEX. R. APP. P. 34.5(c)(1) (for any item missing from clerk’s record, “any party may by 

letter direct the trial court clerk” to prepare supplemental clerk’s record). Accordingly, to 

the extent appellants request this Court to take any action regarding their request for a 

supplemental clerk’s record, such request is denied.

Appellants’ motion next notifies the Court that a supplemental reporter’s record, 

including a transcript from a March 11, 2021 trial court hearing, has been requested. 
However, as of the date of this order, no reporter’s record has been filed. On March 22, 

2021, Benjamin Alva, the official court reporter for the 333rd District Court, filed an 

“Information Sheet by Court Reporter,” requesting an extension of the deadline to file the 

reporter’s record. This Court granted the court reporter’s request, extending the deadline 

to file the reporter’s record to April 19, 2021. It does not appear appellants’ motion seeks 

any relief regarding the reporter’s record. However, to the extent any relief is sought, such 

relief is dismissed as moot because the deadline for the court reporter to file the reporter’s 

record has not passed. 

Finally, because the appellate record is not yet complete, appellants’ motion 

“request[s] that this Court abstain from setting a briefing deadline.” The Texas Rules of 

appellate Procedure govern deadlines for the filing of briefs. See TEX. R. APP. P. 38.6(a) 

(appellant must file brief within thirty days of the date the clerk’s record or reporter’s 

record is filed, whichever is later). As noted above, the clerk’s record was filed on February 

15, 20211, and the deadline for filing the reporter’s record is April 19, 2021. Because, and 

as is noted in appellants’ motion, the appellate record is not yet complete, no deadline for 

filing of appellants’ brief has been established. Id. Accordingly, appellants’ “request that 

this Court abstain from setting a brief deadline” is dismissed as moot.

It is so ORDERED.

Judge’s signature: ____/s/ Amparo Guerra________

 Acting individually  Acting for the Court

Date: __April 1, 2021___

1 While appellants have requested a supplemental clerk’s record, the Texas Rules of 

Appellate Procedure do not provide for the delay of setting of briefing deadlines for the 

filing of a supplemental clerk’s record. See TEX. R. APP. P. 34.5, 38.6(a). However, to the 

extent the reporter’s record is filed prior to the supplemental clerk’s record, and appellants 

deem it necessary to seek an extension for the filing of their appellants’ brief, nothing in 

this order prevents appellants from making such a request. See TEX. R. APP. P. 10.5(b), 

38.6(d).