Utley v. Marathon Oil Co., 10-97-307-CV
| Citation | 958 S.W.2d 960 |
| Decision Date | 21 January 1998 |
| Docket Number | No. 10-97-307-CV,10-97-307-CV |
| Parties | O.B. UTLEY, Jr., et al, Appellants, v. MARATHON OIL COMPANY and Delhi Gas Pipeline Corporation, Appellees. |
| Court | Court of Appeals of Texas |
Clinard J. Hanby, Haynes & Fullenweider, Houston, Richard Lee Fuqua, Fuqua & Keim L.L.P., Houston, Roy William Hill, Fairfield, for appellants.
Kenneth R. Valka, Jon David Ivey, Baker & Hostetler L.L.P., Houston, Greg White, McGregor & White, Waco, for appellees.
Before DAVIS, C.J., and CUMMINGS and VANCE, JJ.
ORDER DENYING APPELLANTS' MOTION TO EXTEND THE TIME TO FILE
THE REPORTER'S RECORD
The appellants, O.B. Utley, Jr., O.B. Utley, III, Cynthia Utley Outlaw, and Charlcie Utley (collectively "the Utleys"), sued the appellee, Marathon Oil Company, to resolve a dispute as to whether a mineral lease on the Utleys' land had terminated. 1 After a lengthy trial, the jury returned a take-nothing judgment in favor of Marathon Oil and awarded Marathon Oil $725,000 in attorneys' fees. In a modified judgment signed on August 27, 1997, the trial judge reduced the award of attorneys' fees to $150,000. Both parties have filed a notice of appeal seeking relief from the trial court's judgment. The Utleys appeal the take-nothing judgment entered against them, and Marathon Oil appeals the trial court's order reducing the award of attorneys' fees.
The court has before it a motion filed by the Utleys requesting an extension of time to file the reporter's record in this case. The record was due to be filed on or before December 29, 1997. On January 7, 1998, having not received the reporter's record by the calculated due date, we notified the court reporter of record that the reporter's record had not been filed. On this same day we received the Utleys' motion. In their motion, the Utleys informed the court that an extension of time to file the reporter's record was needed because a dispute regarding the reasonableness of fees has arisen between the Utleys and the official court reporters. On January 12, the court reporters filed a response, informing the court that an agreed order as to the reasonableness of the court reporters' fees had been entered and that the Utleys had agreed to pay $13,500 for preparation of the reporter's record and $6,000 for the preparation and transmittal of trial exhibits to the appellate court. However, according to the court reporters, as of January 12, they had not received any payment from the Utleys and would not seek an extension for time to file the reporter's record until the Utleys'...
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Carter v. Carter, 08-05-00185-CV.
...and pay for the record (or make arrangements to pay for the record) before this duty arises. See TEX.R.APP.P. 35.3(b)(3); Utley v. Marathon Oil Co., 958 S.W.2d 960, 961 (Tex. App.-Waco 1998, no Ultimately, Appellant was responsible for furnishing this Court with a record supporting his issu......
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...task of the appellant; that burden has shifted to the trial and appellate courts. See Tex.R.App. P. 35.3 (Vernon 2001); Utley v. Marathon Oil Co., 958 S.W.2d 960, 961 (Tex.App.-Waco 1998, no writ). However, this duty to prepare the record for appellate review does not arise until an appella......
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...and decide only those issues that do not require a reporter's record for a decision. See Tex. R. App. P. 37.3(c); Utley v. Marathon Oil Co., 958 S.W.2d 960, 961 (Tex. App.--Waco 1998, order, no pet.). Zamudio did not file a timely We review child support orders for abuse of discretion. See ......
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...and appellate courts are jointly responsible for ensuring that the record is timely filed. Tex. R. App. P. 35.3(b), (c); Utley v. Marathon Oil Co., 958 S.W.2d 960, 961 (Tex. App.-Waco 1998, no pet.). The appellate court may enter any order necessary to ensure the timely filing of the record......