Opinion
No. 04-12-00827-CV
07-10-2013
DAVEN CORPORATION, Zalman Resources, Inc., and Sport Resources, Inc. Appellants/Cross Appellees, v. TARH E&P HOLDINGS, L.P., Alexander Energy, and James W. Alexander, trustee of the James W. Alexander Living Trust Appellees/Cross-appellants,
From the 293rd Judicial District Court, Zavala County, Texas
Trial Court No. 10-11-12360-ZCV
Honorable Cynthia L. Muniz, Judge Presiding
ORDER
The Zavala County District Clerk filed the clerk's record in this court on June 5, 2013. However, the district clerk advised this court that several documents requested for inclusion in the clerk's record were not filed because they have been lost or destroyed. In accordance with Rule 34.5(e) of the Texas Rules of Appellate Procedure, we ordered the parties to confer regarding the lost documents and further ordered appellants to file a report in this court stating whether the parties were able to agree, by written stipulation, as to accurate copies of all items to be included in the record. See TEX. R. APP. P. 34.5(e). On July 3, 2013, appellants filed the required report, advising the court the parties entered into a written stipulation regarding the lost documents. The appellants further advised that a copy of the stipulation, and copies of the missing documents, were mailed to the Zavala County Clerk on July 1, 2013.
Accordingly, we ORDER the Zavala County Clerk to file in this court, on or before July 30, 2013, a supplemental clerk's record containing the documents provided to the clerk by the parties in conjunction with the stipulation. We further ORDER the clerk to include in that supplemental clerk's record the notice of appeal filed by Zalman Resources, Inc. and Sport Resources, Inc. on November 29, 2012, a document this court previously noted was missing from the clerk's record and still has not been included in a supplemental clerk's record and filed in this court.
The clerk is advised that no extensions of time to file the supplemental clerk's record will be granted. The clerk's record was originally due January 2, 2013, and this court granted the clerk an extension of 118 days to file the record, making it due April 30, 2013. Despite the 118-day extension and numerous phone calls to the office of the District Clerk of Zavala County, the clerk did not file the record until June 5, 2013, almost five months after the original due date, and when filed, it was not in compliance with our local rules or the Texas Rules of Appellate Procedure. Clerks from this office visited the office of the Zavala County Clerk and assisted her in preparing the record for filing in this court. Therefore, we advise the District Clerk of Zavala County, the Honorable Rachel P. Ramirez, that if the supplemental clerk's record is not filed in this court as directed in this order, we may order her to appear and show cause why she should not be held in contempt.
We order the clerk of this court to serve a copy of this order on the trial court, the district clerk, and all counsel. The clerk of this court is ordered to serve this order on the Honorable Rachel P. Ramirez, District Clerk of Zavala County, by certified mail, return receipt requested, by first class United States mail, and by facsimile transmission.
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Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 10th day of July, 2013.
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Keith E. Hottle
Clerk of Court