Opinion
NO. 14-16-01020-CV
07-13-2017
ARTURO GUAJARDO INDIVIDUALLY AND DERIVATIVELY AS A SHAREHOLDER, MEMBER OR PARTY IN BUYER DEVELOPMENT SERVICES, INC. A.K.A. IMPROVE MY CREDIT USA, Appellant v. TROY HITT, JOE ORSAK, RANDALL CHESNUTT, AND BUYER DEVELOPMENT SERVICES, INC., Appellees
On Appeal from the 152nd District Court Harris County, Texas
Trial Court Cause No. 2015-04657
AMENDED ABATEMENT ORDER
The reporter's record in this case was due January 23, 2017. See Tex. R. App. P. 35.1. On January 04, 2017, the court received notice that the appellant had not made arrangements to pay for the reporter's record. On January 18, 2017, the court received proof of payment for the reporter's record and extended the due date to February 17, 2017. The record was not filed. Two motions for extension of time to file the record were filed and granted until April 14, 2017 with the notation that no further extensions will be granted absent exceptional circumstances. A third motion for extension of time to file the record was filed and granted to May 1, 2017 with the notation no further extensions. On May 15, 2017, this court ordered the court reporter to file the record within 30 days, and instructed the court reporter 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. The trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed. See Tex. R. App. P. 35.3(c).
Because the reporter's record had not been filed timely as ordered, we issued an order on July 6, 2017 directing the judge of the 152nd District Court to conduct a hearing at which the court reporter, appellant's counsel, and appellees' counsel shall participate (a) to determine the reason for failure to file the record; (b) to establish a date certain when the reporter's record will be filed, and (c) to make findings as to whether the court reporter should be held in contempt of court for failing to file the reporter's record timely as ordered. We ordered the court to prepare a record, in the form of a reporter's record, of the hearing. We further ordered the judge to make findings of fact and conclusions of law, and order the trial clerk to forward to this court a supplemental clerk's record containing the findings and conclusions. We ordered the hearing record and supplemental clerk's record be filed with the clerk of this court within 30 days of the date of the July 5, 2017 order, or by August 4, 2017.
On July 7, 2017, appellant/cross-appellee filed a motion with our court requesting a 30 day extension of the deadline contained in our July 5, 2017 abatement order. We grant appellant/cross-appellee's motion and we amend or July 5, 2017 abatement order. We order the hearing record and supplemental clerk's record to be filed with the clerk of this court by September 4, 2017.
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.
PER CURIAM Panel consists of Justices Christopher, Brown, and Wise.