Mayor Annise Parker and City of Houston v. Jack Pidgeon and Larry Hicks, 14-14-00899-CV

Parker and City appeal the trial court's ruling on a motion to stay and temporary injunction related to same-sex spousal benefits.
Appellees moved to supplement the appellate record with pleadings from three separate cases not filed or presented to the trial court.
Rule 34.5(c) allows supplementation but not creation of a new trial court record; the appellate record cannot include documents not in the trial court record.
Background facts include a November 19, 2013 directive extending benefits, and three related lawsuits (one remanded, one enjoined, one filed Oct. 2014).
The trial court denied the pleas to jurisdiction and stay, but granted a temporary injunction requiring discontinuation of benefits.
The appellate court denied supplementation because the documents were not part of the trial record and were not offered into evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
May appellate record be supplemented with non-filed documents?	Parker argues for supplementation of the record.	Pidgeon argues against supplementation as improper.	Denial of the motion to supplement

Armendiaz v. De La Serna, 40 Tex. 291 (1874) (cannot use records from other cases to prove facts not in current record)
Victory v. State, 158 S.W.2d 760 (Tex. 1942) (same principle of record integrity for appellate review)
Richards v. Comm’n for Lawyer Discipline, 35 S.W.3d 243 (Tex. App.—Houston [14th Dist.] 2000) (supplementation not allowed to create new trial record)
Roventini v. Ocular Scis., Inc., 111 S.W.3d 719 (Tex. App.—Houston [1st Dist.] 2003) (records not part of trial court record cannot be considered on appeal)
Gerdes v. Marion State Bank, 774 S.W.2d 63 (Tex. App.—San Antonio 1989) (trial court cannot change record on appeal)
Intermarque Auto. Prods., Inc. v. Feldman, 21 S.W.3d 544 (Tex. App.—Texarkana 2000) (denying supplementation of unrelated orders not admitted at trial)
Marble Slab Creamery v. Wesic, Inc., 823 S.W.2d 436 (Tex. App.—Houston [14th Dist.] 1992) (presumed trial court knowledge of contents of its own record; not applicable to external records)
In re Williams, 378 S.W.3d 503 (Tex. App.—Houston [14th Dist.] 2012) (judicial notice limited to matters in the proceeding)
Gardner v. Martin, 162 Tex. 156, 345 S.W.2d 274 (Tex. 1961) (summary judgment duties require attached prior pleadings)
Paradigm Oil, Inc. v. Retamco, 161 S.W.3d 531 (Tex. App.—San Antonio 2004) (testimony from prior proceeding not judicially noticed unless admitted)
Ayres v. Wiswall, 112 U.S. 187 (U.S. 1884) (remedies for remanded actions; federal pre-remand procedures)