Opinion
No. 04-16-00655-CV
12-16-2016
IN THE ESTATE OF RAMIRO AGUILAR, JR.
COURT OF APPEALS FOURTH COURT OF APPEALS DISTRICT CADENA-REEVES JUSTICE CENTER SANDEE BRYAN MARION CHIEF JUSTICE
KAREN ANGELINI MARIALYN BARNARD REBECA C. MARTINEZ PATRICIA O. ALVAREZ LUZ ELENA D. CHAPA JASON PULLIAM JUSTICES Arthur H. Bayern
Langley & Banack, Inc.
745 E Mulberry Ave Ste 900
San Antonio, TX 78212-3167
* DELIVERED VIA E-MAIL * Gino Estrada Cavallini
9434 Viscount Blvd., Suite 150
El Paso, TX 79925-0000
* DELIVERED VIA E-MAIL * William E. Leighner
Cavaretta, Katona & Leighner,
PLLC
One Riverwalk Place
700 N. St. Mary's Street, Ste.
1500
San Antonio, TX 78205
* DELIVERED VIA E-MAIL *
Enclosed please find the order which the Honorable Court of Appeals has issued in reference to the above styled and numbered cause.
If you should have any questions, please do not hesitate to contact me.
Very truly yours,
KEITH E. HOTTLE, CLERK
/s/_________
Rosa Gonzalez
Deputy Clerk, Ext. 53855 cc: County Clerk, Gerard Rickhoff (DELIVERED VIA E-MAIL) From the Probate Court No 2, Bexar County, Texas
Trial Court No. 2012-PC-2800
Honorable Tom Rickhoff, Judge Presiding
ORDER
On November 9, 2016, this court notified County Clerk, Gerard Rickhoff, that he is the trial court clerk responsible for timely filing the clerk's record in this appeal. We further notified the trial court clerk that the clerk's record had not been filed. We instructed him to file either a Notification of Late Record within ten days of our letter or the record by December 9, 2016. We received no response to our letter.
It is therefore ORDERED that the trial court clerk, Gerard Rickhoff, must file the record in this court no later than December 28, 2016. If the record is not received by such date, a show cause order shall issue directing him to appear on a day certain and show cause why he should not be held in contempt for failing to file the record. The clerk of this court shall cause a copy of this order to be served on the trial court clerk by certified mail, return receipt requested, and by regular United States mail.
Because the trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed, the clerk of this court shall also cause a copy of this order to be served upon the trial court. See Tex. R. App. P. 35.3(c).
/s/_________
Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 16th day of December, 2016.
/s/_________
Keith E. Hottle
Clerk of Court