Opinion
08-23-00117-CV
03-05-2024
MARIA DEL ROSARIO V. GARCIA, LEE ANN V. MARTINEZ, RUBEN VILLARREAL, JR., JULISSA V. GARCIA, REBECCA VILLARREAL, AND RAQUEL V. JUAREZ, Appellants, v. JAVIER RAMIREZ, INDIVIDUALLY AND AS CO-TRUSTEE OF THE RAMIREZ MINERAL TRUST; SONIA RODRIGUEZ AS CO-TRUSTEE OF THE RAMIREZ MINERAL TRUST; VICTOR M. RAMIREZ AS CO-TRUSTEE OF THE RAMIREZ MINERAL TRUST; SANTIAGO RAMIREZ, JR. AS CO-TRUSTEE OF THE RAMIREZ MINERAL TRUST; VICTOR M. RAMIREZ, AN INDIVIDUAL; SANTIAGO RAMIREZ, JR., AN INDIVIDUAL; SYLVIA R. RAMIREZ, AN INDIVIDUAL; DAHLIA R. LOPEZ, AN INDIVIDUAL; SONIA GARZA RODRIGUEZ, AN INDIVIDUAL; JAVIER RAMIREZ, AN INDIVIDUAL; SOTERO RAMIREZ, JR.. AN INDIVIDUAL; AMADO RAMIREZ, JR., AN INDIVIDUAL; SONIA RODRIGUEZ, INDIVIDUALLY AND AS HEIR TO THE ESTATE OF BLAS GARZA, JR; BLAS GARZA, III, INDIVIDUALLY AND AS HEIR TO THE ESTATE OF BLAS GARZA, JR; PRISCILLA GARZA LOZANO, INDIVIDUALLY AND AS HEIR TO THE ESTATE OF BLAS GARZA, JR; SONIA RODRIGUEZ AS CO-EXECUTOR OF THE ESTATE OF BLAS GARZA, JR; BLAS GARZA, III, INDIVIDUALLY AND AS CO-EXECUTOR OF THE ESTATE OF BLAS GARZA, JR; PRISCILLA GARZA LOZANO AS CO-EXECUTOR OF THE ESTATE OF BLAS GARZA, JR; AND THE RAMIREZ MINERAL TRUST, Appellees.
Appeal from the 49th Judicial District Court of Zapata County, Texas (TC# 5,937-C)
Before Alley, C.J., Palafox and Soto, JJ.
ORDER
PER CURIAM
By order dated July 26, 2023, this Court abated this appeal and remanded this cause to the trial court for further proceedings. First, the Court directed the trial court to hold an evidentiary hearing to determine whether the clerk's record filed on March 24, 2023, and the supplemental clerk's record filed on June 29, 2023, were inaccurate or incomplete. In the event the trial court found the original or supplemental clerk's record were defective or inaccurate, the Court instructed the trial court clerk to make necessary corrections consistent with the trial court's findings, and file a corrected, supplemental clerk's record with this Court. Second, the Court requested the preparation, certification, and filing of a transcript of said evidentiary hearing with this Court. The hearing transcript was received on September 11, 2023, and the second supplemental clerk's record was received on September 12, 2023. Also, while the case remained abated, the Court received Appellees' motion to dismiss on October 4, 2023, and Appellants' motion to correct inaccuracies in the second supplemental clerk's record on October 6, 2023. On today's date, we reinstate this appeal, and the responses, replies, and motions have this day been filed. These motions remain pending before this Court.
On today's date and pursuant to Tex.R.App.P. 34.5(c)(1), the Court now orders the Zapata County District Clerk to prepare and forward to this Court a third supplemental Clerk's Record containing the following pleadings:
1. Plea in Intervention of Ellis, Koeneke Ramirez & Bishop, LLP and Request to Enforce Settlement Agreement Against Amanda Garza, Lilia Villarreal, and Raquel Villarreal, filed on 03/25/2013 in trial court Cause Number 5,937-A (as noted in a docket sheet included at page 2557 of the 2nd Supplemental Clerk's Record, or 2SCR 2557). The pleading is shown on the case summary as follows:
20. PLEA 03/25/2013 PLEA IN INTERVENTION OF ELLIS, KOENEKE, RAM I REZ& BISHOP, LLP AND REQUEST TO ENFORCE SETTLEMENT AGREEMENT AGAINST AMANDA GARZA.LILIA VILLARREAL,AND RAQUEL VILLARREAL
21. (Matter Omitted)
2. Ellis, Koeneke & Ramirez, LLP's Joinder in Support of Plaintiff's Motion for New Trial, filed on 10/16/2014 in trial court Cause Number 5,937-B (as noted in a docket sheet included at page 2560 of the 2nd Supplemental Clerk's Record, or 2SCR 2560). The pleading is shown on the case summary as follows:
7. MOTION 10/16/2014 ELLIS. KOENEKE & RAMIREZ, LLP'S JOINDER IN SUPPOORT OF PI AINTIFF'S MOTION FOR NEW TRIAL
3. Order Granting Summary Judgment, filed on 11/10/2014 in trial court Cause Number 5,937-B (as noted in a docket sheet included at page 2560 of the 2nd Supplemental Clerk's Record, or 2SCR 2560). The pleading is shown on the case summary as follows:
18. ORDER 11/10/2014 ORDER GRANTING SUMMARY JUDGMENT
The Zapata County District Clerk shall include a certification with its third supplemental clerk's record and file the record with this Court no later than March 25, 2024.
Within 10 days of the date of this order, Appellants and Appellees are instructed to request, if they wish, any additional pleadings to be included in the supplemental clerk's record, to the extent the parties contend the pleadings are germane to the above-referenced pleadings, unless such pleadings are already included in previously filed clerk records. Any such request should be directed to the trial court clerk for inclusion in the supplemental clerk's record.
The parties are encouraged, if they wish, to address in letter briefs, the significance, if any, of the above-referenced Plea in Intervention (filed on March 25, 2013), or any other supplemented pleadings, as to the question of whether the Order on Summary Judgments, signed on July 28, 2014, is a final and appealable judgment. The question of the finality of that order is raised by Appellees' Motion to Dismiss for Want of Jurisdiction (Opposed), which remains pending with this Court. Any such letter brief should be no more than two pages and should be filed no later than 15 days after the supplemental clerk's record is filed with this Court.
IT IS SO ORDERED.