Shelton R. Modelist v. Joseph Dixon and Wanda Dixon Jointly and Severally and Dba Dixon Concrete Contractors

Order filed January 13, 2012.

In The

Fourteenth Court of Appeals ____________

NO. 14-11-01036-CV ____________

SHELTON R. MODELIST, Appellant

V.

JOSEPH DIXON and WANDA DIXON, Jointly and Severally and d/b/a DIXON CONCRETE CONTRACTORS, Appellees

On Appeal from the County Civil Court at Law No. 4 Harris County, Texas

Trial Court Cause No. 984759

ORDER

The clerk’s record in this appeal was filed December 19, 2011. According to the clerk’s record, this is an appeal from a summary judgment signed August 30, 2011. A reporter’s record of the hearing is not necessary in summary judgment proceedings. See McConnell v. Southside I.S.D., 858 S.W.2d 337, 343, n.7 (Tex. 1993); Rios v. Northwestern Steel & Wire Co., 974 S.W.2d 932, 936 (Tex. App.—Houston [14th Dist.] 1998, no pet.). Motions for summary judgment are decided solely on the written pleadings, affidavits and discovery on file with the trial court. See Tex. R. Civ. P. 166a(b). Therefore, no reporter’s record is required to be filed in this appeal unless appellant establishes that the record is necessary to his appeal.

Accordingly, we issue the following order:

Appellant’s brief shall be due on or before February 13, 2012.

PER CURIAM