Opinion
06-23-00001-CV
06-22-2023
IN THE MATTER OF THE MARRIAGE OF TIFFANY M. LYNCH AND SCOTT P. LYNCHAND IN THE INTEREST OF W.C.L., E.S.L., L.M.L., J.E.L., AND D.T.L., CHILDREN
On Appeal from the County Court at Law Fannin County, Texas Trial Court No. FA-19-44473
Before Stevens, C.J., van Cleef and Rambin, JJ.
ORDER
Court reporter Monique McAllister recorded the trial court proceedings in appellate cause number 06-23-00001-CV, styled In the Matter of the Marriage of Tiffany M. Lynch and Scott P. Lynch and In the Interest of W.C.L., E.S.L., L.M.L., J.E.L., and D.T.L., Children, trial court cause number FA-19-44473, in the County Court at Law of Fannin County, Texas. The reporter's record was originally due in this matter on January 24, 2023. That deadline was extended twice by this Court, on McAlister's motions, resulting in a due date of April 5, 2023. Although we warned McAllister that additional requests to extend the filing deadline would not be granted, absent extraordinary circumstances, McAllister nonetheless filed a third request for an extension of the filing deadline.
McAllister essentially gave herself a thirty-day extension, as she did not file the third motion for an extension of time until May 5, 2023.
As a result, on May 9, 2023, this Court issued an order directing McAllister to file the reporter's record on or before May 19, 2023. See Tex. R. App. P. 35.3(c) ("trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed"). Despite the fact that she was ordered to file the record on or before May 19, 2023, on June 1, 2023, McAllister filed a fourth motion for extension of time in which to file the record, seeking an additional seventeen-day extension of time. In her motion, McAllister did not acknowledge the fact that this Court had ordered her to file the record.
As a result of McAllister's refusal to follow a directive of this Court, this Court issued a notice and order to show cause why McAllister should not be held in contempt of court and punished for failing to timely file the record. The order directed McAllister to show cause no later than twelve o'clock noon on June 16, 2023. The notice and order were transmitted by this Court to Sheriff Mark Johnson of the Fannin County Sheriff's Office on June 6, 2023. Even though the sheriff's office acknowledged having received our notice and order on June 7, neither had been served on McAllister as of June 16, 2023.
The Texas Rules of Appellate Procedure instruct that an "appellate court may enter any order necessary to ensure the timely filing of the appellate record." Tex.R.App.P. 35.3(c). In furtherance of our responsibilities established by the rules, we find we must take further steps to ensure that the record in this case is filed.
We, therefore, abate this matter to the trial court to (1) conduct a hearing to determine why McAllister ignored our order to file the record, (2) issue findings on whether McAllister should be held in contempt of this Court for ignoring our order to file the record, and (3) determine why the complete reporter's record has not yet been filed in this case. This hearing shall be held within five business days of the date of this order. A reporter's record of the hearing shall be filed in this Court within five days of the date of the hearing. All appellate timetables are stayed. Our jurisdiction over this matter will resume upon our receipt of the supplemental appellate record contemplated by this order.
IT IS SO ORDERED.