Opinion
No. 05-09-01068-CV
01-22-2016
DONALD CARDWELL AND 121 INVESTMENTS, L.L.C., Appellants v. BILL GURLEY, Appellee
On Appeal from the 134th Judicial District Court Dallas County, Texas
Trial Court Cause No. 06-03299
ORDER
We REINSTATE this appeal.
In an order dated December 21, 2015, the Court ordered the trial court to conduct a hearing regarding four missing documents from the clerk's record. The documents were necessary for this Court to determine the timeliness of the notice of appeal. On January 20, 2016, the trial court filed its findings of fact. The trial court found that, after further search, it was able to locate its August 5, 2009 findings of fact and conclusions of law and appellant Donald Cardwell's motion for new trial filed on August 12, 2009. Appellants filed their notice of appeal with this Court from the July 14, 2009 judgment on August 24, 2009. Based on these documents and the documents in the clerk's record, it now appears the notice of appeal was timely filed and that the Court has jurisdiction over this appeal.
In an order dated December 9, 2015, the Court ordered Ms. Dobbins, as the current official court reporter, to coordinate with Ms. Udall and ensure that all reporter's records requested by appellants were filed by January 4, 2016. But, that deadline was abated when the appeal was abated. We ORDER Ms. Dobbins to file all requested reporter's records by FEBRUARY 15, 2016.
Appellants filed their brief prior to the clerk's record being filed. Accordingly, on the Court's own motion, we ORDER appellants to file an amended brief containing citations to the clerk's record and reporter's records WITHIN TWENTY DAYS after the reporter's records are filed. Appellee's brief will be due thirty days after appellants' amended brief is filed.
We DIRECT the Clerk of this Court to send a copy of this order to Ms. Dobbins, Ms. Udall, and all parties.
/s/ ELIZABETH LANG-MIERS
JUSTICE