ACCEPTED
07-15-00297-cv
SEVENTH COURT OF APPEALS
AMARILLO, TEXAS
8/19/2015 11:31:52 AM
Vivian Long, Clerk
No. 07-15-00297-CV
FILED IN
COURT OF APPEALS 7th COURT OF APPEALS
SEVENTH DISTRICT OF TEXAS AMARILLO, TEXAS
8/19/2015 11:31:52 AM
________________________ VIVIAN LONG
CLERK
DIMOCK OPERATING COMPANY, and
JOE W. DIMOCK, D/BA DIMOCK PETROLEUM,
Appellants,
v.
SUTHERLAND ENERGY CO., LLC
Appellee.
________________________
On appeal from Cause No. 11,098
th
46 District Court, Hardeman County, Texas
Hon. Dan Mike Bird, Judge Presiding
JOINT MOTION TO CORRECT CLERK’S RECORD
AND FOR EXTENSION OF TIME
TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:
COME NOW Dimock Operating Company, and Joe W. Dimock, d/b/a
Dimock Petroleum, Appellants, and respectfully state as follows:
1. The Clerk’s Record filed with this Honorable Court fails to contain all
the documents requested and has the following errors:
a. The Index is incorrectly numbered; documents in the Record do not
appear on the page indicated on the Index.
b. Page 6 - Plaintiff’s Original Petition and Petition for Declaratory
Judgment is missing all exhibits.
c. Page 1380 – Plaintiff’s Amended Petition, Petition for Declaratory
Judgment and Application for Injunctive Relief is missing all Exhibits.
d. Page 1542 – Temporary Injunction Order is not signed by the judge.
e. Page 1547 - Writ of Injunction is missing the attached Temporary
Injunction Order.
f. Page 1560 – Court’s docket sheet – Single page with only one entry
(should be multiple pages and multiple entries).
g. Pages 310-376 in the submitted record (a deposition taken in 2015) is
not an exhibit to Plaintiff’s Reply to Defendant’s Response to
Plaintiff’s Partial MSJ filed on September 22, 2014, and, therefore,
should be deleted from the corrected Record.
2. One of the two injunction orders at issue in this appeal is not included
in the submitted record because the Clerk put an unsigned copy of the order in the
submitted Record, and not the signed Order that was sent to the parties.
3. When the Index says documents are on a certain page, and the
documents are, instead, on a different page, it causes confusion to the Court in
locating the documents, and further confusion when the parties’ Briefs cite a
different page number for the same document.
4. Appellee moves this Honorable Court to order the District Clerk to
prepare a new Clerk’s Record in the proper form with all requested documents,
including their exhibits, with both requested signed injunction orders, and with an
Index that correctly reflects the page number where each included document is
located.
5. Appellee further moves that the District Clerk be ordered to deliver
the corrected Clerk’s Record to counsel for Appellant (who paid for the Record) at
the Clerk’s expense.
6. Because the Clerk’s Record was not properly prepared and, therefore,
the Appellant’s Brief cannot be prepared timely with appropriate Clerk’s Record
citations, Appellant also moves this Honorable Court to order that the time for
Appellant’s Brief be extended until 20 days after the corrected Clerk’s Record is
filed with the Court and presented to counsel for Appellants.
Dated this 19th day of August, 2015.
Respectfully submitted,
Lovell, Lovell, Newsom & Isern, L.L.P.
John H. Lovell, SBN 12609300
(john@lovell-law.net)
Barbara A. Bauernfeind, SBN 08190500
(barbara@lovell-law.net)
112 West 8th Avenue, Suite 1000
Amarillo, Texas 79101-2314
Telephone: (806) 373-1515
Facsimile: (806) 379-7176
John H. Lovell
John H. Lovell
ATTORNEYS FOR APPELLANT
Certificate of Conference
I hereby certify that we have conferred with Mr. Chris Lehman, lead counsel
for Appellee, and Appellee agrees with this Motion and joins in the Motion.
John H. Lovell
John H. Lovell
Certificate of Service
I hereby certify that a true and correct copy of the foregoing document was
delivered, as certified below, this 19th day of August, 2015 to:
Cornell Curtis Via email: vernonlaw@sbcglobal.net
CORNELL D. CURTIS, P.C.
1716 Main Street
Vernon, TX 76384
Jerry L. Ewing, Jr. Via email: jerry.ewing@wbclawfirm.com
Nathan R. Cash nathan.cash@wbclawfirm.com
WALTERS, BALIDO & CRAIN, L.L.P. and via CMRRR #7015 0640 00003 9100 4055
10440 North Central Expressway
Dallas, TX 75231
Chris Lehman Via email: clehman@malonelawtx.com
MALONE LAW FIRM and via CMRRR #7015 0640 0003 9100 4062
1901 Lamar Street
P. O. Box 953
Vernon, TX 76385
Stanley Watson Via email: srwatson1@att.net
307 Main Street
P. O. Box 506
Quanah, TX 79252-0506
Mr. Ryan S. Mindell Via email: Ryan.Mindell@texasattorneygeneral.gov
Mr. Adam N. Bitter Via email: adam.bitter@texasattorneygeneral.gov
Texas Attorney General
P. O. Box 12548
Austin, TX 78701
John H. Lovell
John H. Lovell