Opinion
03-23-00290-CV
03-07-2024
In re Cheryl Dixon v. Concepcion Emelia Valdez, Appellee Keith Gregory Moraw, Appellant
FROM THE 426TH DISTRICT COURT OF BELL COUNTY NO. 321701, THE HONORABLE JACK WELDON JONES, JUDGE PRESIDING
Before Chief Justice Byrne, Justices Smith and Theofanis
CONTEMPT ORDER
PER CURIAM
This is a contempt proceeding ancillary to the appeal of Keith Gregory Moraw. The subject of this proceeding is Cheryl Dixon, court reporter at Bell County.
This appeal was filed on May 15, 2023. The official certified court reporter's record was originally due on August 4, 2023. Ms. Dixon failed to submit the official certified court reporter's record despite requesting and receiving four separate extensions. On November 21, 2023, the court directed her to file the official certified court reporter's record by November 30, 2023, and that failure to do so may result in an order to show cause why she did not comply. Ms. Dixon did not comply with this order. The court then issued a show cause order to Ms. Dixon, ordering her to appear on February 21, 2024, to show cause why she should not be held in contempt and have sanctions imposed for her failure to obey our November 21, 2023 order. The show cause order also indicated that this hearing would be canceled if Ms. Dixon filed the official certified court reporter's record by 12:00 p.m. on February 20, 2024. Ms. Dixon did not file the official certified court reporter's record and the show cause hearing was set to proceed. On February 21, 2024, Ms. Dixon appeared for the scheduled show cause hearing approximately one hour late and offered testimony.
Upon conclusion of the proceedings, we issued an order finding Ms. Dixon in contempt for violating this court's order of November 21, 2023, by failing to file the official certified court reporter's record in a timely manner and as directed by our order dated November 21, 2023. This new order directed Ms. Dixon to file the official certified court reporter's record on or before February 23, 2024, at 12:00 p.m. This order specifically stated that, if the official certified reporter's record was not filed by February 23, 2024, at 12:00 p.m., Ms. Dixon shall be subject to a fine of $100.00 per day payable to Clerk of the Court of Appeals, Third District of Texas, located at Price Daniel, Sr. Building 209 West 14th Street, in Austin, Travis County, Texas until the official certified court reporter's record is filed. The order also provided that, if Ms. Dixon did not file the official certified court reporter's record by February 23, 2024, at 12:00 p.m., she shall appear before this Court at a show cause hearing on March 7, 2024 at 9:00 a.m. in the same location to show cause why she should not be held in contempt and have sanctions imposed for her failure to obey our February 21, 2024 order. Ms. Dixon was informed that she would be relieved of her obligation to appear before this Court as ordered above if the Clerk of this Court received the official certified reporter's record on or before February 23, 2024 at 12:00 p.m. At the February 21, 2024, show cause hearing, Ms. Dixon voiced her understanding of the consequences of failing to timely submit the official certified court reporter's record.
Ms. Dixon did not file the official certified court reporter's record by the February 23, 2024, 12:00 p.m. deadline. Instead, Ms. Dixon submitted the record with the Clerk of this Court at 8:38 p.m. on February 24, 2024. The master index lacked a reporter's certification. After being informed of the deficiency, Ms. Dixon filed the official certified copy of the reporter's record and it was deemed filed by the Clerk of this Court on February 26, 2024, at 9:33 a.m., three days after the deadline provided in our order. As a result of her untimely filing, Ms. Dixon was ordered to appear at the hearing on March 7, 2024, at 9:00 a.m. in the same location to show cause why she should not be held in contempt and have sanctions imposed for her failure to obey our February 21, 2024 order. Ms. Dixon appeared at the hearing and offered testimony.
After consideration of the record and Ms. Dixon's explanations given at both show-cause hearings for her failure to comply with our previous orders, we specifically find that Cheryl Dixon is in contempt for violating this Court's order of February 21, 2024, which was sufficiently clear and specific in its requirement that the official certified court reporter's record was to be filed by February 23, 2024, at 12:00 p.m. See Tex. Gov't Code § 21.002. We further find that Ms. Dixon has not set forth facts that deny or excuse her contempt.
It is ORDERED that Cheryl Dixon is hereby fined $300, payable to the Clerk of the Court of Appeals, Third District of Texas, on or before April 8, 2024. See § 21.002(b). If Ms. Dixon fails to pay the $300 fine on or before April 8, 2024, she shall be ordered to appear in person at a hearing on April 18, 2024, at 9:00 a.m. to show cause why she did not timely pay the fine and may be subject to confinement for a sufficient time to discharge the full amount of the fine at the daily rate allowed for prisoners serving misdemeanor sentences. See In re Miles, 55 S.W.3d 203, 204 (Tex. App.-Houston [1st Dist.] 2001, order) (per curiam); see also Tex. Gov't Code § 21.002(b).
It is further ORDERED that the Clerk of this Court provide a copy of this order to the Judicial Branch Certification Commission at 205 W. 14th St., Suite 600, Austin, Texas, 78701.
It is ordered.