Knight Oil Tools, Inc. v. Rippy Oil Company, Rippy Interest LLC, the Genecov Group, Inc., and John D. Proctor

• Court: Court of Appeals of Texas
• Decided: April 24, 2019
• Docket: 10-18-00284-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-18-00284-CV

KNIGHT OIL TOOLS, INC., Appellant v.

RIPPY OIL COMPANY, RIPPY INTEREST LLC, THE GENECOV GROUP, INC., AND JOHN D. PROCTOR, Appellees

From the 278th District Court Leon County, Texas Trial Court No. O-10-498

ABATEMENT ORDER

On April 11, 2019, the parties filed an Agreed Motion to Correct Reporter’s Record.

The parties request this Court to correct the reporter’s record to include deposition

excerpts which were played to the jury, but were not completely transcribed by the court

reporter. The motion indicates that the testimony of certain witnesses was presented to

the jury by video deposition excerpts. Each party prepared a printed report from the deposition transcript consisting of the testimony that had been presented and those

reports were provided to the court reporter. Those reports were not included as exhibits

or made a part of the appellate record. The parties provided the transcripts to this Court

and ask this Court to make the transcripts a part of the appellate record.

Rule 34.6 (e) of the Texas Rules of Appellate Procedure provides for the correction

of inaccuracies in the reporter’s record. If the dispute arises after the reporter’s record

has been filed in the appellate court, that court may submit the dispute to the trial court

for resolution. TEX. R. APP. P. 34.6 (e) (3). We conclude that this appeal should be abated

and that the trial court should hold a hearing to address this issue and, if so determined,

receive the transcripts as an exhibit to be filed in a supplemental reporter’s record.

The hearing shall be held within 21 days from the date of this order, and a

supplemental reporter’s record, if any, shall be filed no later than 14 days after the date

of the hearing.

PER CURIAM

Before Chief Justice Gray, Justice Davis, and Justice Neill Order issued and filed April 24, 2019

Knight v. Rippy Oil Company, et al. Page 2