SHANNON, Justice.
On February 22, 1977, appellant, Guy H. Spinks, timely filed with the Clerk of this Court the transcript in Cause No. 12,603, Guy H. Spinks v. Pauline Simmons. On that date appellant also tendered to the Clerk the statement of facts in the same cause. Because the statement of facts was not agreed to by the parties or approved by the trial court, the Clerk refused to file that part of the record. Tex.R.Civ.P. 377(d), 389a.
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