X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
ORDER

The record was filed September 28, 2010 and the appellant’s brief is due October 28, 2010. Appellant filed a motion to abate the appeal while the trial court considers appellant’s motion to establish the date on which he received actual notice of the judgment. See Tex. R. Civ. P. 306a(5). According to appellant, the trial court conducted a hearing on the motion on September 17, 2010. See In re Lynd Co., 195 S.W.3d 682, 685 (Tex. 2006) (filing a sworn motion “establishes a prima facie case that the party lacked timely notice and invokes a trial court’s otherwise-expired jurisdiction for the limited purpose of holding an evidentiary hearing to determine the date on which the party or its counsel first received notice or acquired knowledge of the judgment.”); John v. Marshall Health Servs., 58 S.W.3d 738, 741 (Tex. 2001). We have not yet received either the supplemental reporter’s record of the hearing or a supplemental clerk’s record containing the trial court’s ruling on the motion.*fn1 The trial court’s ruling on the motion will potentially affect the issues that will be raised in the appellant’s brief on appeal.

It is, therefore, ORDERED that the appeal is ABATED until the supplemental reporter’s record of the September 17, 2010 hearing and the supplemental clerk’s record containing the trial court’s ruling on the motion have been filed with the Court of Appeals. If the trial court does not sign a written order, the clerk of the trial court may certify the unavailability of the document. See generally Tex. R. App. P. 34.5(c)(1). Appellate timetables shall recommence without further Order of the Court when the supplemental appellate record is filed in the appellate court.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
June 20, 2024
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
June 27, 2024
New York

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.


Learn More
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More

Under the direct supervision of the attorney, the job description includes but not limited to the following: 1. Coordinate and oversee all a...


Apply Now ›

Vice President of Legal Affairs and General Counsel Department: Office of the General Counsel Reports To: University President Posi...


Apply Now ›

Cole Schotz P.C.Litigation Associate New Jersey OfficeProminent mid-Atlantic law firm with multiple regional office locations seeks an assoc...


Apply Now ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›