COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON NOTICE OF ORDER ON MOTION Cause number: 01-12-01161-CV Style: Michael D. Lesem v Liane June Lesem * Date motion filed : February 13, 2013 Type of motion: Motion to Extend Time to File Appellant’s Brief Party filing motion: Appellant Document to be filed: Appellant's brief If motion to extend time: Deadline to file document: February 21, 2013 Number of previous extensions granted: 0 Length of extension sought:

Texas Rule of Appellate Procedure 34.5(b) provides that any party may file with the trial court clerk a written designation specifying items to be included in the record at any time before the clerk’s record is prepared. See TEX. R. APP. P. 34.5(b). The clerk’s record was filed in this appeal on December 21, 2012. The appellant indicates that a supplemental record was requested on January 17, 2013. See TEX. R. APP. P. 34.5(b)(4). Although we will not refuse to file a supplemental clerk’s record because of a failure to timely request the inclusion of supplemental items, an untimely request for supplemental items does not render the record incomplete. See TEX. R. APP. P. 38.6(a). Nonetheless, because this is appellant’s first request for an extension of time to file a brief, and because the request is unopposed, we GRANT appellant’s motion for extension. Appellant’s deadline is extended to March 25, 2013.

Judge's signature: /s/ Justice Evelyn V. Keyes  Acting individually  Acting for the Court Panel consists of ______________________________.

Date: March 12, 2013

November 7, 2008 Revision