Curiously, [Appellant] did not designate the complaint in the Fraudulent Transfer Lawsuit as a part of the record on appeal. This omission was not lost on [Appellant], inasmuch as it found itself unable to provide a record reference for the complaint in its opening brief. Although it offered a parenthetical reference to a motion to augment, this court has no record of a motion to augment ever having been filed. Having noticed the deficiency in the record, this court notified the parties that it intended to augment the record on its own motion to include a copy of the complaint in the Fraudulent Transfer Lawsuit, and gave the parties an opportunity to object. No objection having been received, this court, by order of January 23, 2013, augmented the record to include a copy of the complaint. We are dismayed, to say the least, at this material omission from the record.
A pressing footnote...
Along these same lines, also from a 4/3 decision today:
As a preliminary matter, we reject [Respondent's] claim we should not reach the merits of [Appellant's] appeal because the order appealed from is not contained in the joint appendix. [Appellant] filed the order along with its reply brief and we deem it part of the record on appeal.