Opinion
NO. 14-16-01005-CV
11-09-2017
ST. ANTHONY'S MINOR EMERGENCY CENTER, L.L.C. D/B/A ST. ANTHONY'S INSTANT CARE CLINIC, Appellant v. ROSS NICHOLSON 2000 SEPARATE PROPERTY TRUST AND ROSS NICHOLSON, Appellees
On Appeal from the 55th District Court Harris County, Texas
Trial Court Cause No. 2015-61264
ABATEMENT ORDER
The original clerk's record in this case has not been filed. Two supplemental clerk's records were filed on March 8, 2017 and October 30, 2017. Our review has determined that relevant items have been omitted from the clerk's record. See Tex. R. App. P. 34.5(c). The record does not contain:
• Plaintiff's original petition dated October 14, 2015;
• Defendants' original answer dated November 17, 2015;
• Plaintiff's first amended petition dated December 21, 2015;
• Defendants' first amended answer dated June 1, 2016;
• Plaintiff's second amended petition dated August 1, 2016;
• Order granting defendants' motion for summary judgment dated August 9, 2016;
• Defendants' second amended answer dated August 19, 2016;
• Plaintiff's response to defendants' final motion for summary judgment and proposed order, including all affidavits and corresponding exhibits (Exhibits 1-13) dated September 12, 2016;
• Order granting defendants' final motion for summary judgment dated September 19, 2016;
• Plaintiff's motion for new trial and motion for reconsideration, proposed order, and all corresponding attachments and exhibits dated October 19, 2016;
• Defendants' response to plaintiff's motion for new trial and motion for reconsideration, proposed order, and all corresponding attachments and exhibits dated October 31, 2016;
• Order denying plaintiff's motion for new trial and motion for reconsideration dated November 7, 2016;
• Notice of appeal dated December 16, 2016; and
• All items required by Rule 34.5 of the Texas Rules of Civil Procedure including (1) all living pleadings at the time of the summary judgment orders; (2) the court's docket sheet; (3) all requests for preparation of the clerk's record; (4) a certified bill of costs; and (5) any filing designated by a party to be included in the clerk's record.
The Harris County District Clerk is directed to file the clerk's record, on or before December 6, 2017, containing all items required by Rule 34.5 of the Texas Rules of Civil Procedure and those specifically detailed in this order.
If the omitted items are not part of the case file, the district clerk is directed to file a supplemental clerk's record containing a certified statement that the omitted items are not a part of the case file.
The appeal is abated, treated as a closed case, and removed from this court's active docket. The appeal will be reinstated on this court's active docket when the clerk's record is filed in this court. The court will also consider an appropriate motion to reinstate the appeal filed by either party, or the court may reinstate the appeal on its own motion.
Appellant may file a supplemental brief, if desired, within 30 days of the filing of the clerk's record in this court. Appellees' brief will be due 30 days after any supplemental brief by appellant is filed or notice that appellant will not file a supplemental brief is filed. If appellant does not file a supplemental brief or notice that no supplemental brief will be filed, appellees' brief is due 60 days after the clerk's record is filed.
PER CURIAM Panel consists of Justices Christopher, Donovan, and Jewell.