Opinion
NO. 14-13-00588-CR
04-17-2014
JENNIFER CHRISTINE WAITE, Appellant v. THE STATE OF TEXAS, Appellee
Abatement Order filed April 17, 2014.
On Appeal from the County Criminal Court at Law No 13
Harris County, Texas
Trial Court Cause No. 1848166
ABATEMENT ORDER
The reporter's record in this case was due October 24, 2013. See Tex. R. App. P. 35.1. On November 14, 2013, this court ordered the court reporter to file the record within 30 days. On December 13, 2013, this court sent out a no payment notice to the appellant and gave them 15 days to provide proof of payment for the reporter's record. On January 07, 2014, Deanne Bridwell filed a motion for extension of time to file the record and stated that payment had been made. The court granted this extension and gave the court reporter until February 06, 2014 to file the record with NO FURTHER EXTENSIONS. The record was not filed. On February 13, 2014, this court again 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 has not been filed timely as ordered, we issue the following order.
We direct the judge of the County Criminal Court at Law No 13 to conduct a hearing at which the court reporter, appellant's counsel, and appellee's 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 order the court to prepare a record, in the form of a reporter's record, of the hearing. The judge shall make findings of fact and conclusions of law, and shall order the trial clerk to forward to this court a supplemental clerk's record containing the findings and conclusions. The hearing record and supplemental clerk's record shall be filed with the clerk of this court within 30 days of the date of this order.
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 prior to the date set for the hearing, the appeal will be reinstated and the trial court need not hold a hearing.