Opinion
NUMBER 13-17-00523-CV
04-04-2019
MARIA AREVALOS, Appellant, v. RAUL R. ALVAREZ, Appellee.
On appeal from the County Court at Law No. 4 Of Hidalgo County, Texas.
ORDER
Before Chief Justice Contreras and Justices Benavides and Hinojosa
Order Per Curiam
In this cause before the Court, the court reporter, Maria Amador, has failed to timely file the reporter's record. The reporter's record was due to be filed on December 21, 2017. On September 13, 2018, the Court notified Amador that the reporter's record was late and directed her to file the record within ten days. Amador responded to our letter on October 19, 2018 stating that she would be filing a request for an extension to file the record. Amador has not done so. We have previously abated this appeal and remanded to the trial court with instructions for the trial court to conduct a hearing to determine what steps are necessary to ensure the prompt preparation of a reporter's record in this cause. The trial court scheduled a hearing on December 3, 2018. Amador did not appear for this hearing. The trial court determined that it could not proceed and decided to take no action at that time.
Appellant, Maria Arevalos, did not appear for this hearing.
This sequence of events requires us to effectuate our responsibility to avoid further delay and to preserve the parties' rights. See TEX. R. APP. P. 37.3(a)(1). Accordingly, this appeal is ABATED, and the cause REMANDED to the trial court.
Upon remand, the judge of the trial court shall immediately cause notice to be given and conduct a hearing to determine why the reporter's record has not been prepared and filed. The trial court shall further determine what steps are necessary to ensure the prompt preparation of a reporter's record and shall enter any orders required to avoid further delay and to preserve the parties' rights. The trial court shall make appropriate findings under Texas Rules of Appellate Procedure 34.6(f) and 35.3, if necessary. See TEX. R. APP. P. 34.6(f), 35.3. The trial court shall prepare and file its findings and orders and cause them to be included in a supplemental clerk's record which should be submitted to the Clerk of this Court within thirty days from the date of this order.
IT IS SO ORDERED.
PER CURIAM Delivered and filed the 4th day of April, 2019.