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Natural Soda LLC v. Bunnett & Co.

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI C EDINBURG
Feb 28, 2018
NUMBER 13-17-00558-CV (Tex. App. Feb. 28, 2018)

Opinion

NUMBER 13-17-00558-CV

02-28-2018

NATURAL SODA LLC AND ENIRGI GROUP CORPORATION, Appellants, v. BUNNETT & CO., INC.; ENERGY FEEDS INTERNATIONAL, LLC; AND WILLIAM E. BUNNETT, Appellees.


On appeal from the 200th District Court of Travis County, Texas.

ORDER

Before Justices Rodriguez, Longoria, and Hinojosa
Order Per Curiam

The clerk's record in the above cause was originally due on October 20, 2017. On October 24, 2017 the clerk's record containing 5,885 pages was electronically filed. The clerk was notified that the clerk's record had no page numbers and the clerk was directed to file a corrected clerk's record. On January 11, 2018, the Court received a CD containing the corrected clerk's record. Upon receipt of the corrected record, the clerk was notified that all clerk's records must be filed electronically, the record failed to match its index to the correct page numbers, and the index was not bookmarked. The clerk was directed to submit a corrected clerk's record.

This case is before the Court on transfer from the Third Court of Appeals in Austin pursuant to a docket equalization order issued by the Supreme Court of Texas. See TEX. GOV'T CODE ANN. § 73.001 (West, Westlaw through 2017 R.S.).

On February 20, 2018, the clerk filed a second corrected clerk's record. The clerk's record was submitted electronically in four volumes, but the index in each volume is not bookmarked and the index page numbers do not match the page numbers of the documents.

Texas Rules of Appellate Procedure, Appendix C, Rule 1.1(d) requires that page numbering start on the front cover of the first volume of the clerk's record and continue to number all pages consecutively—including the front and back covers, tables of contents, certification page, and separator pages, if any--until the final page of the clerk's record, without regard for the number of volumes in the clerk's record, and place each page number at the bottom of each page. The Rule 1.1(i) requires a table of contents and if the clerk's record consists of multiple volumes, the table of contents must indicate the page on which each volume begins. If filed in electronic form, the clerk must use bookmarks to link each document description in the table of contents to the page on which each document begins. Rule 1.4 provides that in the event of a material violation of this rule in the preparation of a clerk's record, on motion of a party or on the court's own initiative, the appellate court may require the trial court clerk to prepare a new clerk's record in proper form.

The clerk has failed to file a clerk's record in conformity with the Texas Rules of Appellate Procedure, Appendix C, Rule 1. Accordingly, the trial court clerk, Velva L. Price, or her designee, is hereby ORDERED to file a clerk's record containing bookmarked index pages and index page numbers that match the page numbers of the documents on or before March 19, 2018.

Under these circumstances and in order to effectuate the proper and complete presentation of this appeal to the Court, we ABATE this appeal and remove it from the Court's active docket. The appeal will be reinstated when the clerk's record has been properly and duly filed.

PER CURIAM Delivered and filed this the 28th day of February, 2018.


Summaries of

Natural Soda LLC v. Bunnett & Co.

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI C EDINBURG
Feb 28, 2018
NUMBER 13-17-00558-CV (Tex. App. Feb. 28, 2018)
Case details for

Natural Soda LLC v. Bunnett & Co.

Case Details

Full title:NATURAL SODA LLC AND ENIRGI GROUP CORPORATION, Appellants, v. BUNNETT …

Court:COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI C EDINBURG

Date published: Feb 28, 2018

Citations

NUMBER 13-17-00558-CV (Tex. App. Feb. 28, 2018)