Energy Management Company, Energy Production Corporation, Joe Vaughan and David Vaughan v. Nye Oil, LLC — Order

Txctapp8

Gesamter Gesetzestext

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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No. 08-26-00284-CV
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Energy Management Company, Energy Production Corporation,
Joe Vaughan and David Vaughan, Appellants
v.
Nye Oil, LLC, Appellee
On Appeal from the 112th District Court
Reagan County, Texas
Trial Court No. CV02356
ORDER
On October 7, 2026, Appellee filed a combined Opposed Motion for Leave to File
Supplementation to the Reporter’s Record and Appellee’s First Opposed Motion for Extension of
Time to File Appellee’s Brief. Appellants filed their own response and objections to both motions.
Appellee requests leave of this Court to file a supplemental reporter’s record of the trial
court’s September 10, 2025 hearing which was omitted from the appellate record previously filed
on August 14, 2026. Appellee requested and paid for a copy of the transcript on September 29,
2026, and the court reporter filed it on October 15, 2026. We DENY Appellee’s request as MOOT.1
Appellants may, but are not required to, file an amended opening brief that accounts for
the supplemental reporter’s record no later than November 14, 2026. Appellee too may file an
amended brief addressing the supplemental reporter’s record. Any amended brief must be filed
within 30 days of the earlier of (1) the filing of an amended opening brief by Appellant or (2) the
expiration of Appellant’s deadline to file an amended opening brief.
Appellee’s motion for extension is DENIED as MOOT.
IT IS SO ORDERED this 20th day of October 2026.
MARIA SALAS MENDOZA, Chief Justice
1 Court intervention to supplement the record is unnecessary due to Texas Rule of Appellate Procedure 34.6(d) which
provides that “the trial court, the appellate court, or any party may by letter direct the official court reporter” to prepare,
certify, and file a supplemental reporter’s record containing any omitted items. Tex. R. App. P. 34.6(d) (emphasis
added); see Tex. R. App. P. 35.3(b)(3) (requiring the court reporter to file the record after “the party responsible for
paying for the preparation of the reporter’s record has paid the reporter’s fee or has made satisfactory arrangements
with the reporter to pay the fee.”).

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