Summary
The Seventh Court of Appeals of Texas abates the appeal and remands the case to the trial court for supplementation of the clerk’s record. The court directs the trial court to ensure that Exhibits 5 through 7, consisting of recorded telephone calls, are provided to the district clerk in an appropriate electronic format and transmitted to the appellate court. The supplemental clerk’s record and exhibits are due on or before July 8, 2026.
Topics
Practice areas
Questions Presented
- Whether the appeal should be abated and remanded when the appellate record lacks exhibits referenced in the appellants' summary-judgment response.
- Whether the trial court should ensure that the exhibits are provided to the district clerk in an appropriate electronic format and included in a supplemental clerk's record.
Holdings
- When exhibits referenced in a summary-judgment response are not accessible or verifiable as part of the appellate record, the appellate court may abate the appeal and remand the cause for supplementation of the clerk's record so the exhibits can be transmitted to the appellate court.
Key quotations
“Because the appellate record does not contain certain exhibits referenced in Appellants’ summary-judgment response, we abate the appeal and remand the cause to the trial court for supplementation of the clerk’s record.”
“Moreover, even if the exhibits were accessible through the link, the Court would be unable to verify their authenticity or integrity in that format.”
Factual background
Appellants referenced Exhibits 5 through 7, consisting of recorded telephone calls in WAV format, in their response to Farmers New World Life Insurance Company's motions for partial traditional summary judgment and no-evidence summary judgment. They stated that the exhibits could not be electronically filed because of e-filing-system limitations and supplied a Dropbox hyperlink and a flash drive to the trial court. The appellate court could not access the exhibits through the hyperlink and stated that, even if accessible, it could not verify their authenticity or integrity in that format.
Procedural history
Appellants appealed the trial court's orders granting summary judgment in favor of Appellees. The appeal was originally filed in the Second Court of Appeals and was transferred to the Seventh Court of Appeals pursuant to the Texas Supreme Court's docket-equalization authority. Because the appellate record did not contain certain exhibits referenced in Appellants' summary-judgment response, the court abated the appeal and remanded the cause to the trial court for supplementation of the record.
Remand instructions
The trial court must ensure that Exhibits 5 through 7 are provided to the district clerk on appropriate electronic media, such as a flash drive or other compatible storage device, in their original format; ensure that the exhibits become part of the trial court record and are available for transmission to the appellate court; direct the district clerk to prepare and file a supplemental clerk's record identifying and containing the exhibits; and transmit the exhibits to the appellate court on the provided electronic media on or before July 8, 2026. The appeal is abated pending supplementation.