Darlene C. Amrhein v. Prosperity Bank, Jo'el Doe, Keena Clifton, and Naomi Thames

Order entered March 7, 2019

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01493-CV

DARLENE C. AMRHEIN, Appellant

V.

PROSPERITY BANK, JO'EL DOE, KEENA CLIFTON, AND NAOMI THAMES, Appellees

On Appeal from the 199th Judicial District Court Collin County, Texas Trial Court Cause No. 199-05352-2016

ORDER Before the Court is court reporter Sheri J. Vecera's March 5, 2019 letter explaining to the

Court that she cannot file the record because appellant's request is too vague and includes records from other cases. Ms. Vecera also explains appellant has not made arrangements to pay for the record. Ms. Vecera notes that appellant represents she is indigent, but another trial court has found her not indigent. Ms. Vecera asks that appellant "provide dates of any hearing that she is requesting" and make payment arrangements. We ORDER as follows.

An appellate court generally considers only the documents and evidence considered by the trial court. See AAA Navi Corp. v. Parrot-Ice Drink Prod. of Am., Ltd., 119 S.W.3d 401, 403 (Tex. App.—Tyler 2003, no pet.); Irlbeck v. John Deere Co., 714 S.W.2d 54, 58 (Tex. App.— Amarillo 1986, writ ref’d n.r.e.). As such, a reporter’s record on appeal consists generally of the transcription of the proceedings from trial. See TEX. R. APP. P. 34.6(a); Taveau v. Brenden, 174 S.W.3d 873, 877 (Tex. App.—Eastland 2005, pet. denied). Because appellant seeks transcription of proceedings occurring outside this cause, we ORDER appellant to file an amended designation in accordance with Texas Rule of Appellate Procedure 34.6. See TEX. R. APP. P. 34.6. To facilitate the designation, we ORDER Ms. Vecera to file, no later than March 18, 2019, a list of all hearings recorded in this cause. A copy of the list shall be served on appellant. Appellant’s amended designation shall be filed within ten days of the filing of the list of hearings and shall be limited to proceedings in this cause. The reporter’s record shall be filed within twenty-five days of the filing of the amended designation and without prepayment of costs. Although appellant may have been found not indigent by another court, nothing before us reflects she has been ordered by the trial court in this case to pay costs. See Tex. R. Civ. P. 145(a).

/s/ BILL WHITEHILL JUSTICE