Opinion
04-22-00564-CV
05-02-2023
ALLSTATE FIRE and Casualty Insurance Company, Appellant v. Curtis BROWN, Appellee
From the 37th Judicial District Court, Bexar County, Texas Trial Court No. 2018-CI-04336 Honorable Nicole Garza, Judge Presiding
ORDER
BETH WATKINS, JUSTICE
The reporter's record was originally due November 17, 2022 but was not filed. On November 29, 2022, this court notified the court reporter, David Laurel, by letter that the reporter's record was late and instructed him to file the record by December 29, 2022. Mr. Laurel did not file the record or otherwise respond to this court's letter.
On January 4, 2023, we ordered Mr. Laurel to file the record by January 17, 2023. In our order, we noted that if Mr. Laurel did not comply, we may be required to initiate contempt proceedings. Mr. Laurel did not respond to our order.
On January 25, 2023, we ordered Mr. Laurel to file either the record or a notification of late record by February 6, 2023. In our order, we noted that if Mr. Laurel did not comply, an order would be issued directing him to appear before this court in person and show cause why he should not be held in contempt.
On February 15, 2023, Mr. Laurel filed a notification of late record stating: (1) he had not received a written designation of the record; and (2) appellant had not paid or made arrangements to pay the fee for preparing the record. On February 21, 2023, we ordered appellant to provide written proof that it had requested the preparation of the reporter's record in writing and made arrangements to pay for the record. On March 3, 2023, appellant filed a satisfactory response to our order. Accordingly, on March 9, 2023, we ordered Mr. Laurel to file the reporter's record by April 10, 2023.
As of the date of this order, neither the record nor a second notification of late record has been filed, and Mr. Laurel has not responded to e-mails and phone calls from this court regarding the record. We therefore ORDER Mr. Laurel to file the reporter's record in this appeal by May 12, 2023. No further extensions of time will be granted absent extraordinary circumstances. If Mr. Laurel does not file the reporter's record as ordered, he will be ordered to appear before this court in person and show cause why he should not be held in civil or criminal contempt or otherwise sanctioned. See Tex. R. App. P. 35.3(c), 37.3(a)(1).
We ORDER the Clerk of this Court to serve Mr. Laurel a copy of this order by e-mail, first class United States mail, and certified mail, return receipt requested Because "[t]he trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed," we further ORDER the clerk of this court to send a copy of this order to the Honorable Nicole Garza of the 37th Judicial District Court of Bexar County, Texas and the Honorable Raquel "Rocky" Jones of the 203rd Judicial District Court of Dallas County, Texas. See Tex. R. App. P. 35.3(c), 37.3(a)(1).