Syrian-America Oil Corporation, S.A. (Hereinafter SAMOCO) v. Pecten Orient Company F/K/A Pecten Ash Sham F/K/A Pecten Syria Petroleum Company ( 2015 )


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  • SHERRY RADACK                                                                  CHRISTOPHER A. PRINE
    CHIEF JUSTICE                                                                 CLERK OF THE COURT
    TERRY JENNINGS                                                                JANET WILLIAMS
    EVELYN KEYES                                                                   CHIEF STAFF ATTORNEY
    LAURA CARTER HIGLEY
    JANE BLAND
    MICHAEL MASSENGALE
    Court of Appeals                          PHONE: 713-274-2700
    FAX:   713-755-8131
    HARVEY BROWN
    REBECA HUDDLE
    First District                            www.txcourts.gov/1stcoa.aspx
    RUSSELL LLOYD                        301 Fannin Street
    JUSTICES
    Houston, Texas 77002-2066
    May 7, 2015
    D. Craig Olivier                                      William Hand
    Olivier & Mundy, LLP                                  Stevenson & Murray
    1414 West Clay St                                     Weslayan Tower Ste750
    Houston, TX 77019                                     24 Greenway Plaza
    * DELIVERED VIA E-MAIL *                              Houston, TX 77046
    * DELIVERED VIA E-MAIL *
    Lauren Varnado
    Fulbright & Jaworski L.L.P.                           J. Christopher Champion
    1301 McKinney St Ste 5100                             Fulbright & Jaworski L.L.P.
    Houston, TX 77010-3095                                1301 McKinney, Ste. 5100
    * DELIVERED VIA E-MAIL *                              Houston, TX 77010
    * DELIVERED VIA E-MAIL *
    Robert S. Godlewski
    Law Offices of Robert S. Godlewski                    John W. Stevenson Jr.
    3950 Braxton Ste 100                                  Stevenson & Murray
    Houston, TX 77063                                     Weslayan Tower, Ste 750
    * DELIVERED VIA E-MAIL *                              24 Greenway Plz
    Houston, TX 77046-2416
    William D. Wood                                       * DELIVERED VIA E-MAIL *
    Fulbright & Jaworski L.L.P.
    1301 McKinney, St Ste 5100                            Amy Douthitt Maddux
    Houston, TX 77010-3095                                Shipley, Snell, Montgomery, L.L.P.
    * DELIVERED VIA E-MAIL *                              712 Main St, Ste 1400
    Houston, TX 77002-3201
    * DELIVERED VIA E-MAIL *
    RE:     Court of Appeals Number: 01-15-00424-CV
    Trial Court Case Number: 2007-67830
    Style: Syrian-America Oil Corporation, S.A. (hereinafter SAMOCO) v. Pecten Orient
    Company f/k/a Pecten Ash Sham f/k/a Pecten Syria Petroleum Company
    GENERAL INFORMATION
    On May 06, 2015, a letter of assignment from the 190th District Court trial-court clerk
    and a copy of the notice of appeal filed by Pecten Orient Company f/k/a Pecten Ash Sham
    f/k/a Pecten Syria Petroleum Company in the trial court was received and docketed as Cause
    Number 01-15-00424-CV. This Notice contains information about some of the rules and
    procedures that govern prosecution of an appeal pending before the First Court of Appeals.
    Texas Rule of Appellate Procedure 9.6 requires parties and counsel to communicate
    about a pending appeal only through the Clerk’s office and they may not communicate with
    either the justices or their staff about a case. It is also improper to send a document to the Court
    about an appeal unless a copy of it is served on all other parties to the appeal at the same time.
    See TEX. R. APP. P. 9.5(d), (e).
    Effective January 1, 2014, all attorneys in civil cases and criminal cases must
    electronically file all documents (except a document submitted under seal or subject to a motion
    to seal) through the EfileTexas.gov electronic filing system. A party representing themselves pro
    se (without an attorney) in a civil case, is encouraged to e-file documents, but is not required to
    do so. Electronically filed documents must conform to TEX. R. APP. P. 9.4 and must be
    completed through EfileTexas.gov, http://www.efiletexas.gov. Electronically filed briefs must
    comply with TEX. R. APP. P. 9.4 and with the Texas Supreme Court's Redaction Guidelines
    found at http://www.supreme.courts.state.tx.us/ebriefs/RedactionGuidelines.pdf.
    INFORMATION ABOUT THE APPELLATE RECORD
    This letter is NOTICE to the appellant that the Court may dismiss an appeal for want of
    prosecution, if the clerk’s record is not filed and it is appellant’s fault. See TEX. R. APP. P.
    37.3(b); 42.3. This letter is also NOTICE to the appellant that if it is appellant’s fault that the
    reporter’s record is not filed, the Court may decide the appeal on those issues or points that do
    not require a reporter’s record for a decision. See TEX. R. APP. P. 37.3(c). Any motion related
    to informalities in the manner of bringing this appeal must be filed within thirty (30) days after
    the appellate record is filed. TEX. R. APP. P. 10.5(a).
    Unless an appellant has established indigence under Texas Rule of Appellate Procedure
    20.1, the trial-court clerk and court reporter are not required to file the clerk’s and reporter’s
    records until appellant has paid the required fees to prepare and certify the records, or has made
    satisfactory arrangements to pay the fees. See TEX. R. APP. P. 35.3(a)(2), (b)(3).
    From information currently available, it appears that the trial court signed the final
    judgment or other appealable order on February 4, 2015. Because the notice of appeal indicates
    that a post-judgment motion was filed, unless the Court receives information to the contrary, the
    trial court clerk is due to file the clerk’s record and the court reporter is due to file the reporter’s
    record on or before June 04, 2015.
    The appellant and/or appellee should inform the Court as soon as possible if (1) this
    appeal is accelerated or (2) if there is disagreement about (a) the date the trial court signed the
    final judgment or appealable order or (b) whether a post-judgment motion or request for findings
    of fact and conclusions of law was timely filed in the trial court.
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    It is mandatory that both the clerk’s record and the reporter’s record be filed
    electronically. Both the trial-court clerk and the court reporter are asked to complete the
    information      sheet    on      the     “Forms”      page      of     the     Court’s    website,
    http://www.txcourts.gov/1stcoa/practice-before-the-court/forms.aspx, and file it with the Court
    within ten (10) days of the date of this Notice. The parties do not need to file a motion to extend
    time to file either the clerk’s record or the reporter’s record. See Texas Rules of Appellate
    Procedure 34.5(b)(1), (c)(2), 35.3(c), and 35.6(b)(1) and Appendix C of the Texas Rules of
    Appellate Procedure for electronic filing related to preparation of the appellate record.
    Parties are encouraged to work together and with the trial court clerk and court reporter to
    properly designate all necessary items and portions of the testimony to be included in the initial
    records. The Court generally will not grant a motion to extend time to file a brief because a party
    requests to supplement the record with an item or portion of the testimony that the party did not
    timely designate for inclusion in the initial clerk’s record or reporter’s record. See TEX. R. APP.
    P. 10.5(b), 34.5(c)(1), 34.6(d), 38.6(d).
    INFORMATION ABOUT FILING DOCUMENTS
    Texas Rule of Appellate Procedure 9.3 controls the number of paper copies and
    documents filed in paper form. All documents must include a certificate of service. See Tex. R.
    App. P. 9.5(d), (e). All civil motions must include a certificate of conference, TEX. R. APP. P.
    10.1(a)(5), and require a $10 filing fee, unless the movant has established indigence or is exempt
    from the advance payment of filing fees, e.g., the State or a political subdivision of the State.
    See TEX. R. APP. P. 5; FEES CIV. CASES B (3); Op. Tex Att’y Gen. No. DM-459 (1997). The
    Court treats a civil motion requesting multiple types of relief as separate motions and requires a
    separate $10 filing fee for each motion.
    INFORMATION ABOUT BRIEFS
    Effective January 1, 2014, all attorneys in civil cases and criminal cases must
    electronically file all documents (except a document submitted under seal or subject to a motion
    to seal) through the EfileTexas.gov electronic filing system. A party representing themselves pro
    se (without an attorney) in a civil case, is encouraged to e-file documents, but is not required to
    do so. Electronically filed documents must conform to TEX. R. APP. P. 9.4 and must be
    completed through EfileTexas.gov, http://www.efiletexas.gov. Electronically filed briefs must
    comply with TEX. R. APP. P. 9.4 and with the Texas Supreme Court's Redaction Guidelines
    found at http://www.txcourts.gov/media/124902/redactionguidelines.pdf.
    INFORMATION ABOUT ATTORNEYS APPEARING BEFORE THE COURT
    Texas Rule of Appellate Procedure 6 governs matters related to an attorney’s
    representation of a party before the Court. Attorneys must promptly notify the Clerk’s office of
    any change of address or change in designation of the lead counsel for a party. A nonresident
    attorney who is not a member of the State Bar of Texas must satisfy the requirements for
    3
    participation in a Texas legal matter found on the Board of Law Examiners’ website
    http://www.ble.state.tx.us.
    INFORMATION ABOUT NOTICES TO PARTIES
    Notice must be sent to all parties of any judgment, mandate, or order issued. See Tex. R.
    App. P. 12.6. If a party is represented by an attorney, notice will be sent to the party’s lead
    counsel. See TEX. R. APP. P. 9.5(b). Information available to the public about a case may be
    found on the “Case Information” page of the Court’s website. Parties may sign up for e-mail
    notices about activity in their case on the “CaseMail” page of the website.
    STANDARDS OF APPELLATE CONDUCT
    The Court follows the Standards of Appellate Conduct adopted by the Supreme Court of
    Texas and the Court of Criminal Appeals. All attorneys and parties—including pro se litigants—
    are expected to fully comply with these standards, as well as all applicable provisions of the
    Texas Rules of Appellate Procedure, the Texas Disciplinary Rules of Professional Conduct, and
    the Code of Judicial Conduct. See the “Court Rules” page, “Other Rules Governing Attorneys”
    of the Texas Supreme Court’s website, http://www.txcourts.gov/supreme.aspx, or call and ask
    that a copy be mailed to you.
    Should you have questions at any time throughout the appellate process of your case,
    please do not hesitate to call the Clerk's office at 713-274-2700.
    Sincerely,
    Christopher A. Prine, Clerk of the Court
    4
    

Document Info

Docket Number: 01-15-00424-CV

Filed Date: 5/6/2015

Precedential Status: Precedential

Modified Date: 9/29/2016