Opinion
01-23-00646-CV
12-12-2024
IronOak Inc. v. Michael Eugene Porter
215th District Court of Harris County Trial court case number: 2022-79705-A
ORDER
Richard Hightower, Judge
Appellant and appellees have filed an agreed motion to compel the clerk of the 215th District Court to implement the severance order signed on May 23, 2023 despite the inclusion of an obvious typographical error. Appellant and appellees complain that they are unable to obtain a complete clerk's record due to a typographical error directing the court clerk to copy documents from case number 2020-32705-A instead of case number 2020-23705-A into the underlying case, case number 2022-70705-A. This does appear to be a clear typographical error as the case number 2020-32705-CV does not appear elsewhere and all other documents are transferred from case number 2020-23705-A.
Appellees state that they submitted two supplemental clerk's records requests advising the clerk of the 215th District Court of the error. They also claim that the failure to prepare a clerk's record with the missing documents, listed in the motion, have prevented the filing of a complete record and forced appellees to file a brief containing placeholders instead of correct citations to the record. Appellees contend that they have contacted the district court clerk and the court coordinator at least twelve times to no avail. Thus, appellees ask that we direct the clerk of the 215th District Court to comply with the May 23, 2023 order, which is attached to their motion, by copying the remaining documents and accompanying exhibits from case number 2020-23705-A into the underlying case file, case number 2022-79705-A.
The Court denies the motion to compel and orders the appeal abated and remands the cause to permit the trial court to review and determine whether the May 23, 2023 order contains a typographical error and if so to correct it. If the trial court signs a corrected order, it shall be forwarded to this Court in a supplemental clerk's record to be filed within 30 days of the date of this order. If the trial court does not sign a corrected order, it shall advise this Court of this fact within 30 days of this order.
It is so ORDERED.