Opinion
No. 04-17-00810-CV
05-09-2019
CODY, TEXAS, L.P., Appellant v. BPL EXPLORATION, LTD., Appellee
From the 49th Judicial District Court, Zapata County, Texas
Trial Court No. 8,665
Honorable Jose A. Lopez, Judge Presiding
ORDER
On July 23, 2018, this appeal was set for on briefs submission on September 11, 2018, before a panel consisting of Justice Karen Angelini, Justice Marialyn Barnard, and Justice Irene Rios. On March 28, 2019, this court withdrew the prior submission.
On its own motion, a majority of the justices have voted to consider this appeal en banc. The court ORDERS the parties to file supplemental briefs addressing the following issues:
1. Given the dispositions available to an appellate court in an appeal challenging the denial of a petition for bill of review as outlined in Petro-Chem. Transport, Inc. v. Carroll, 514 S.W.2d 240, 246 (Tex. 1974), what is the scope of the remand resulting from this court's mandate in Cody Tex., L.P. v. BPL Exploration, Ltd., 513 S.W.3d 522 (Tex. App.—San Antonio 2016, pet. denied).
2. Whether the trial court could take judicial notice of the record from the previous trial in the proceedings following this court's remand. If not, what effect does the failure to introduce the record from the previous trial into evidence have on those proceedings?
Appellant's supplemental brief must be filed no later than thirty days from the date of this order. Appellee's supplemental brief must be filed no later than thirty days after the appellant's supplemental brief is filed. Entered on this 9th day of May, 2019.
PER CURIAM Attested to: /s/_________
Keith E. Hottle,
Clerk of Court