Opinion
11-24-00107-CV
08-08-2024
EVANS RESOURCES, L.P.; EVANS I, LTD.; EVANS I DEVELOPMENT, LTD.; MICHAEL SCOTT EVANS AND ROSE ELAINE EVANS SHOCK, AS INDEPENDENT CO-EXECUTOR AND CO-EXECUTRIX OF THE ESTATE OF GLORIA A. EVANS, DECEASED; JONATHAN J. EVANS; AND MOCKINGBIRD OIL & GAS L.P., Appellants v. DIAMONDBACK E&P, LLC AND DIAMONDBACK O&G, LLC, Appellees
On Appeal from the 238th District Court Midland County, Texas Trial Court Cause No. CV51984
Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.
ORDER
PER CURIAM
This appeal arises from the trial court's final judgment following a jury trial. Appellants have filed an unopposed motion to abate this appeal because the clerk's record is missing certain important items. In this regard, Appellants state that the clerk's record does not include a copy of the signed jury verdict, nor does it include two orders that the trial court signed that relate "to Appellants' summary judgment evidence that had never been filed in the trial court's docket." Appellants state that, in turn, the trial court's docket sheet in the clerk's record that has been filed with this court is inaccurate.
We grant Appellants' unopposed motion and abate this case for sixty days so that the parties may collaborate on the missing or defective items and present a complete record to this court for purposes of this appeal. The clerk of the trial court is instructed to correct any defects or inaccuracies in the clerk's record and prepare, certify, and forward to this court the corrected items in a supplemental clerk's record. See Tex. R. App. P. 34.5(d). If a filing designated for inclusion has been lost or destroyed, the parties are directed to comply with Rule 34.5(e) of the Texas Rules of Appellate Procedure and either (1) stipulate and deliver a copy of the item to the trial court clerk for inclusion in a supplemental clerk's record, or (2) consult with the trial court to determine what constitutes an accurate copy of the item. Tex.R.App.P. 34.5(e). If the trial court determines that a document constitutes an accurate copy of the missing item, the trial court is directed to order the copy of the item to be included in a supplemental clerk's record. Id.
This appeal is abated for sixty days. The appeal will be reinstated on October 7, 2024.