in the Interest of E.W.M., a Child ( 2020 )


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  • Order entered March 30, 2020
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-19-01589-CV
    IN THE INTEREST OF E.W.M., A CHILD
    On Appeal from the 219th Judicial District Court
    Collin County, Texas
    Trial Court Cause No. 219-53699-2018
    ORDER
    This appeal challenges an order enforcing a divorce decree, which is also
    being appealed and has been assigned appellate cause number 05-19-01005-CV.
    Before the Court are (1) appellant’s amended second motion for extension of time
    to file his brief, (2) appellant’s motion to transfer a copy of the appellate record in
    cause number 05-19-01005-CV into this appeal, (3) appellant’s motion to compel
    the trial court clerk to include certain email communications in a supplemental
    clerk’s record, (4) appellee’s response to appellant’s extension motion, and (5)
    appellant’s reply to appellee’s response.
    We GRANT the extension motion and ORDER appellant’s brief be filed no
    later than June 1, 2020.   Because the motions to transfer and to compel do not
    show the requested record and emails were considered by the trial court in the
    enforcement hearing, we DENY those motions. See Barnard v. Barnard, 
    133 S.W.3d 782
    , 789 (Tex. App.—Fort Worth 2004, pet. denied) (“As a general rule,
    documents not admitted into evidence are not considered by an appellate court.”).
    /s/    ERIN A. NOWELL
    JUSTICE
    

Document Info

Docket Number: 05-19-01589-CV

Filed Date: 3/30/2020

Precedential Status: Precedential

Modified Date: 4/17/2021