Venture Cotton Cooperative and Noble Americas Corp. v. Shelby Alan Freeman ( 2011 )

Order filed June 30, 2011

                                                                       In The

  Eleventh Court of Appeals

                                                                   __________

                                                         No. 11-11-00093-CV

                                                    __________

                         VENTURE COTTON COOPERATIVE AND

                            NOBLE AMERICAS CORP., Appellants

                                                             V.

                       SHELBY ALAN FREEMAN ET AL., Appellees

                                   On Appeal from the 106th District Court

Gaines County, Texas

                                                Trial Court Cause No. 11-02-16176

                                                                   __________

                                                         No. 11-11-00094-CV

                                                    __________

                         VENTURE COTTON COOPERATIVE AND

                            NOBLE AMERICAS CORP., Appellants

                                                             V.

                               ROGER NEITSCH ET AL., Appellees

                                   On Appeal from the 106th District Court

                                                            Gaines County, Texas

                                                Trial Court Cause No. 11-02-16184

                                                                     O R D E R

            Each appeal is an interlocutory appeal from an order denying a motion to compel arbitration.  Appellees in each case have filed in this court an opposed motion to correct the reporter’s record, which is shared in these appeals, urging most notably that some of the exhibits admitted into evidence were missing from the record.  Appellees also assert other minor objections to the reporter’s record. We abate these appeals.

            Appellees do not state in their motions which exhibits are missing, but in an attachment to the appendix, the trial court references “Plaintiffs’ Exhibits one through ten” as the allegedly missing exhibits.  We note that the reporter’s record filed in this court contains Plaintiffs’ Exhibits Nos. 1 through 10.

            However, because the parties are unable to agree and because this court is unable to determine at this time what, if any, exhibits are missing from the reporter’s record, we will abate these appeals so that the trial court can conduct a hearing and settle the dispute pursuant to Tex. R. App. P. 34.6(e).  Pursuant to Rule 34.6(e)(2), the trial court is directed to settle the dispute and, if it finds any inaccuracies in the text or the exhibits, to direct the court reporter to file any corrections in this court.  The trial court clerk is directed to file supplemental clerk’s records containing any findings made by the trial court, and the court reporter is directed to file a supplemental reporter’s record from the hearing.  These records are due to be filed in this court on or before August 1, 2011. 

            The appeals are abated. 

June 30, 2011                                                              PER CURIAM

Panel[1] consists of:  Wright, C.J.,

McCall, J., and Hill, J.[2]

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[1]Rick Strange, Justice, resigned effective April 17, 2011.  The justice position is vacant pending appointment of a successor by the governor.

[2]John G. Hill, Former Justice, Court of Appeals, 2nd District of Texas at Fort Worth, sitting by assignment.