Opinion
No. 05-16-00878-CV No. 05-16-01026-CV
08-16-2017
IN THE ESTATE OF GARY WAYNE LUNA, DECEASED
On Appeal from the Probate Court No. 1 Dallas County, Texas
Trial Court Cause Nos. PR-15-04253-1 and PR-15-02365-1
ORDER
By order dated November 1, 2016, we consolidated appellate cause number 05-16-01026-CV, an appeal from the trial court's August 10, 2016 judgment declaring heirship, into appellate cause number 05-16-00878-CV, an appeal from the trial court's June 17, 2016 order granting administrator's motion for partial summary judgment. In our order, we directed the Clerk of the Court to remove all documents from cause number 05-16-01026-CV and refile them into cause number 05-16-00878-CV. As a result, the reporter's record of the heirship proceedings was filed in appellate cause number 05-16-00878-CV.
On June 30, 2017, we vacated our November 1st order, reinstated appellate cause number 05-16-01206-CV, and designated the two appeals as companion cases to be submitted together before the same panel. However, although the consolidation of the two appeals was vacated, the appellate record in 05-16-01206-CV, filed subsequent to our June 30th order, included portions of the record of appellate cause number 05-16-00878-CV.
On August 15, 2017, appellants filed their brief in appellate cause number 05-16-00878-CV, despite having pending before us two letters asking how to reference the record in the briefs in each appeal. The brief references the record in both appeals.
To minimize any confusion, we ORDER as follows with respect to appellate cause number 05-16-00878-CV. We STRIKE appellants' August 15th brief and DIRECT the Clerk of the Court to transfer the reporter's record of the heirship proceedings filed October 11, 2016 to appellate cause number 05-16-01026-CV. We ORDER Dallas County Clerk John F. Warren to file a supplemental clerk's record containing a copy of (1) Respondents' April 11, 2016 "Motion for Partial Summary Judgment;" (2) Respondents' April 11, 2016 "Response to Administrator's Motion for Partial Summary Judgment;" and, (3) Respondents' May 9, 2016 "Amended Response to Administrator's Motion for Partial Summary Judgment." We further ORDER court reporter Jackie Galindo to file a supplemental reporter's record of the February 15, 2017 hearing on "Motion on Attorney's Fees." The supplemental clerk's and reporter's records shall be filed no later than August 28, 2017. Finally, we ORDER appellants to file, no later than September 27, 2017, an amended brief that references only the record in appellate cause number 05-16-00878-CV.
With respect to appellate cause number 05-16-01026-CV, we STRIKE the clerk's record filed July 17, 2017 and the reporter's record filed July 28, 2017. We ORDER Mr. Warren to file a clerk's record containing the items required by Texas Rule of Appellate Procedure 34.5(a) and any items designated by the parties. See TEX. R. APP. P. 34.5. We further ORDER Ms. Galindo to file a reporter's record of the heirship proceedings as designated by the parties, including the record of the July 20, 2015 "hearing on motions." The clerk's and reporter's records shall also be filed by August 28, 2017. Finally, we ORDER appellant to file her brief no later than September 27, 2017.
We DIRECT the Clerk of the Court to send a copy of this order to Mr. Warren, Ms. Galindo, and the parties.
/s/ CRAIG STODDART
JUSTICE