Opinion
NO. 14-15-00702-CV
01-07-2016
SHABAHRAM YAZDANI-BEIOKY, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 333rd District Court Harris County, Texas
Trial Court Cause No. 2009-71319
ORDER
The reporter's record in this case was originally due September 28, 2015. See Tex. R. App. P. 35.1. We have granted a total of 90 days to Jodi Masera to file her portion of the reporter's record. When we granted the last extension, we noted that no further extensions would be granted absent exceptional circumstances. No record was filed and Jodi Masera filed a fourth request for extension of time to file her portion of the reporter's record alleging "I have been inundated with appeals. I have not had a chance to even begin work on this record, except for several files that have been done by a scopist. I will need more time than 1-29-16. It's a very lengthy trial -actually 2 trials." She further states her portion of the record covers 37 days of testimony.
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). After receiving an additional three months to file her portion of the reporter's record, we are informed that Jodi Masera has done no work on this record and cannot provide a date certain when the reporter's record will be filed. Accordingly, we deny the request and issue the following order.
We order Jodi Masera, the official court reporter, to file the record in this appeal within 45 days of the date of this order. No further extension will be entertained absent exceptional circumstances. If Jodi Masera does not timely file the record as ordered, we will issue an order directing the trial court to conduct a hearing to determine the reason for the failure to file the record and a date certain when the record will be filed.
PER CURIAM Panel consists of Justices Jamison, Donovan and Brown.