Tuesday, October 29, 2019

Include the order

Originally published by David Coale.

It’s a simple but fundamental point – confirm that the record has the relevant order (or, that there is in fact such an order); see, e.g.:

  • “Because the record does not show relator ever filed the motion, we cannot conclude the trial court has a legal duty to rule upon it.”  In re Johnson, No. 05-19-00708-CV (Oct. 21, 2019) (mem. op.); and
  • Although appellant asks that the bond be reduced, the record before this Court does not contain a signed order setting the supersedeas bond. Without an order, there is nothing before this Court to review.” Chowdhury v. Wells Fargo Bank, No. 05-19-00965-CV (Oct. 25, 2019) (mem. op.)

 

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