Opinion
13-24-00442-CV
10-09-2024
SHAMROCK ENTERPRISES, LLC D/B/A FRSTEAM GULFCOAST/LA, Appellant, v. TOP NOTCH MOVERS, LLC, Appellee.
ON APPEAL FROM COUNTY COURT AT LAW NO. 2 OF NUECES COUNTY, TEXAS
Before Justices Longoria, Tijerina, and Peña
ORDER OF ABATEMENT
PER CURIAM
This appeal is before the Court on appellant's motion to supplement record. Appellant is appealing an order denying a bill of review which sought review of a default judgment. The appealed order was entered by County Court at Law No. 2 of Nueces County in cause number 2023CCV-60043-2; however, the appealed order denied the review of a default judgment entered in a separate cause by the same court, namely cause number 2022CCV-60023-2. Appellant now seeks to supplement the appellate record with potentially relevant portions of cause number 2022CCV-60023-2.
Pursuant to Texas Rule of Appellate Procedure 34.5(c)(1), this appeal is abated, and the cause remanded to the trial court. See Tex. R. App. P. 34.5(c)(1). Upon remand, the judge of the trial court shall immediately cause notice to be given and conduct a hearing to determine whether any documents in trial court cause number 2022CCV-60023-2 are relevant to this appeal including expressly the following:
1. Plaintiff Top Notch's Original Petition
2. Service request information sheet
3. Citation
4. Proof of service/certificate of service
5. Motion for Entry of Default Judgment
6. Default Judgment
7. Notice of Judgment 8. Notice of Judgment /returned mail
9. The Court's Docket Sheet.
If the trial court determines relevant items should be included in the clerk's record for this appeal, the trial court shall take any steps necessary to ensure the prompt preparation of a supplemental clerk's record containing all relevant and previously omitted items; the trial court shall enter any orders required to avoid further delay and to preserve the parties' rights.
The trial court shall prepare and file its findings and orders, if any, and cause such findings, orders, and/or relevant omitted items to be included in a supplemental clerk's record which should be submitted to the Clerk of this Court within thirty days from the date of this order.
Accordingly, the motion to supplement the record is hereby carried with the case.