Opinion
14-23-00120-CV
08-08-2023
1001 WEST LOOP LP, GALLERIA LOOP NOTE HOLDER, LLC, 1001 WL GP, LLC, AND 1001 WL, LLC, Appellants v. BOXER PROPERTY MANAGEMENT CORPORATION, Appellee
On Appeal from the 157th District Court Harris County, Texas Trial Court Cause No. 2019-85300
Panel Consists of Chief Justice Christopher and Justices Jewell and Hassan.
ABATEMENT ORDER
PER CURIAM
The reporter's record in this case was due May 18, 2023. See Tex.R.App.P. 35.1. On July 13, 2023, after an extension to file the reporter's record had already been granted this court ordered the court reporters to file the record within 15 days, and instructed the court reporters that if the record was not filed, the court would order the trial court to conduct a hearing to determine the reason for failure to file the record. The record has not been filed with the court. Moreover, the filings provided to this court have been ambiguous about whether a reporter's record exists and, if it does, which court reporter is responsible for the record. The filings variously identify Patricia Riggs, Sheri Ulrich, and Jill Bartek as court reporters involved with this appeal, and they have been equivocal both about whether there is a reporter's record, and if so, which court reporter is responsible for preparing it.
We direct the judge of the 157th District Court to conduct a hearing at which Patricia Riggs, Sheri Ulrich, and Jill Bartek, appellants' counsel, and appellee's counsel shall participate to (a) ascertain whether there is a reporter's record; (b) identify who is responsible for preparing the record; (c) determine the reason for failure to file the record; and (d) establish a date certain when the reporter's record will be filed. We order the court to prepare a record, in the form of a reporter's record, of the hearing. The judge shall make findings of fact and conclusions of law, and shall order the trial clerk to forward to this court a supplemental clerk's record containing the findings and conclusions. The hearing record and supplemental clerk's record shall be filed with the clerk of this court within 45 days of the date of this order.
The appeal is abated, treated as a closed case, and removed from this court's active docket. The appeal will be reinstated on this court's active docket when the trial court's findings and recommendations are filed in this court. The court will also consider an appropriate motion to reinstate the appeal filed by either party, or the court may reinstate the appeal on its own motion. If the court reporter files the record before the date set for the hearing, the appeal will be reinstated and the trial court need not hold a hearing.