*1 C OURT OF A PPEALS FOR THE
F IRST D ISTRICT OF T EXAS AT H OUSTON N OTICE
Appellate case name: William Solomon Lewis v. Mark Anthony Aguirre Appellate case number: 01-17-00063-CV
Trial court case number: 1062343
Trial court: County Civil Court at Law No. 4 of Harris County
Appellant, William Solomon Lewis, has filed a “Notice of Restricted Appeal” of the trial court’s August 8, 2016 order of dismissal. The clerk’s record was filed in this Court on March 7, 2017. Appellant has filed a “Motion to Supplement the Record,” pursuant to Texas Rule of Appellate Procedure 34.5(e). [1] On April 17, 2017, the trial Court clerk filed a supplemental clerk’s record in this Court, reflecting that the trial court “has no record” of a motion for continuance filed on July 27, 2016, and appellant’s copy of the motion “does not have a receiv[ed] stamp indicating that we in fact received his motion.” We deny the motion.
The Clerk of this Court is directed to send to appellant a copy of the one-volume supplemental clerk’s record, filed on April 17, 2017.
Judge’s signature: /s/ Russell Lloyd
Date: April 25, 2017
[1] Texas Rule of Appellate Procedure 34.5(e) provides that, if an item designated for inclusion in the clerk’s record has been lost or destroyed, “the parties may, by written stipulation, deliver a copy of that item to the trial court clerk for inclusion in the clerk’s record or a supplement” and, “[i]f the parties cannot agree,” the trial court is to resolve any dispute. T EX . R. A PP . P. 34.5(e); see Goetz v. Goetz , No. 01-10-00286-CV, 2012 WL 1454385, at *1 (Tex. App.—Houston [1st Dist.] Apr. 26, 2012, no pet.) (mem. op.).