In the Interest of Phillips

ON MOTION TO DISMISS APPEAL OR TO AFFIRM JUDGMENT

Appellee Bobby Glenn Phillips has moved that appellant Vera Ann Phillips Levan-dowski’s appeal be dismissed or the trial court’s judgment be affirmed because, although the statement of facts was timely filed, appellant did not make the written request therefor, file a copy thereof with the court clerk, and serve a copy of it on appellee or his attorney, within the time limit provided in Rule 377(a), Texas Rules of Civil Procedure. The Justices of this Court are unanimously agreed, albeit for the different reasons articulated in the two…