Opinion
NUMBER 13-18-00273-CV
09-26-2018
VICENTE ESPINOZA AND SAN JUANA ESPINOZA, Appellants, v. MONICA LIZETTE RUIZ, Appellee.
On appeal from the County Court at Law No. 4 of Hidalgo County, Texas.
ORDER ABATING APPEAL
Before Justices Rodriguez, Contreras, and Benavides
Order Per Curiam
This cause is before the Court because the court reporter, Maria Amador, has failed to timely file the reporter's record. The reporter's record in this cause was due to be filed on July 20, 2018. On August 14, 2018, the Court notified Amador that the reporter's record was late and directed her to file the record within thirty days. On September 13, 2018, appellant's counsel filed an unopposed motion for leave for late filing of reporter's record which was granted by this Court. Counsel's motion advises that counsel filed a request for reporter's record on June 29, 2018 and received an estimate of the cost; however, when confirming the cost of the record, he was informed that Amador no longer works in County Court at Law Number 4 of Hidalgo County. Appellant's counsel has been unable to reach Amador. Amador has not responded to the Court's letter of August 14, 2018.
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 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 26th day of September, 2018.