FILE COPY

Fourth Court of Appeals San Antonio, Texas May 31, 2022 No. 04-21-00538-CV Henry CARREON, Appellant v. Joseph KELLY, MD, Hussein Waqar, MD, Metropolitan Healthcare System of San Antonio, Limited LLP d/b/a Metropolitan Methodist Hospital, Appellees From the 285th Judicial District Court, Bexar County, Texas Trial Court No. 2019-CI-17867 Honorable Rosie Alvarado, Judge Presiding

ORDER Sitting: Irene Rios, Justice Beth Watkins, Justice Liza A. Rodriguez, Justice On April 21, 2022, appellees filed “Appellees’ Joint Motion to Strike or Disregard Appendix to Brief of Appellant and Appellant’s Supplement to the Amended Brief.” Appellant filed a response opposing the motion on May 4, 2022, and appellees filed a reply on May 11, 2022.

In their motion, appellees argue several documents should be struck from the appellant’s appendix because the documents are not part of the appellate record and cannot be considered by this court. “This court must decide cases based on the appellate record as filed, and may not consider documents attached as appendices to briefs.” Carter v. Ball, No. 04-19-00194-CV, 2019 WL 5030277, at *2 n.4 (Tex. App.—San Antonio Oct. 9, 2019, no pet.) (mem. op.).

However, we decline to strike documents from appellant’s appendix. The motion is DENIED.

_________________________________ Irene Rios, Justice FILE COPY IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 31st day of May, 2022.

___________________________________ MICHAEL A. CRUZ, Clerk of Court