                                           In The

                                    Court of Appeals
                       Ninth District of Texas at Beaumont
                                ___________________
                                  NO. 09-12-00464-CV
                                ___________________


              IN THE INTEREST OF A.K.M., J.D.M., AND D.M.M.


_______________________________________________________                    ______________

                      On Appeal from the 252nd District Court
                             Jefferson County, Texas
                           Trial Cause No. F-201,904-H
________________________________________________________                     _____________

                                          ORDER

       The appellant filed a motion to transfer a sealed reporter’s record of a proceeding

conducted on April 18, 2012 from the record of a mandamus proceeding arising out of

the same case now on appeal. The appellee did not file an objection to this request.

       The appellant requested that additional items be included in the clerk’s record. See

Tex. R. App. P. 34.5(b). The appellee objected to the inclusion of correspondence from

counsel for the appellee and oral and video-taped depositions that were not on file with

the trial court at the time the trial court ruled on the case, but were filed with the district




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clerk after this appeal had been perfected. In response, the appellant contends the trial

court had been present for the depositions and considered them during the hearing.

       Appellant’s motion to file the original, sealed reporter’s record previously filed in

original proceeding No. 09-12-00179-CV in the record of this appeal is GRANTED. We

direct the Clerk of the Court of Appeals to file the original reporter’s record of the

hearing in Appeal No. 09-12-00179-CV as a supplemental reporter’s record in this

appeal. The record shall remain under seal.

       Appellee’s objection to the inclusion of the depositions in the clerk’s record is

DENIED. The Court will determine whether a party requested unnecessary items when it

takes up the merits of the case and assesses costs on appeal. See Tex. R. App. P.

34.5(b)(3).

       ORDER ENTERED February 7, 2013.

                                                              PER CURIAM


Before Gaultney, Kreger, and Horton, JJ.




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