Ginn v. Forrester

A restricted appeal requires error that is apparent on the face of the record; error that is merely inferred will not suffice. In this case, the clerk’s supplemental record contains a notation that the clerk’s office was unable to locate documents indicating notice was sent or a hearing was held on the trial court’s dismissal for want of prosecution. Construing the notation as affirmative evidence that the trial court failed to provide notice, a divided court of appeals concluded the requirements for a restricted appeal were met. 282 S.W.3d 513. Because the clerk has no affirmative duty to…