Opinion
08-23-00326-CV
06-17-2024
Appeal from the 45th Judicial District Court of Bexar County, Texas (TC# 2019-CI-01827)
Before Alley, C.J., Palafox and Soto, J.J.
ORDER
Pursuant to Tex.R.App.P. 10.4 (a) the motion ruled on through this Order may have been decided by a single Justice sitting on the panel.
This cause was previously abated and remanded to the trial court for a hearing to determine why court reporter David Laurel had not certified and filed the reporter's record in this cause. We reinstated, however, on the motion of Appellant before the trial court conducted a hearing. Appellant's motion informed the Court that there was a misunderstanding between the parties and the reporter and advised the Court that the reporter's record would be filed "within 10-14 days" of the date of the motion, which was filed on April 29, 2024.
In our April 30, 2024 reinstatement order, we ordered the reporter's record due on or before May 22, 2024. On May 31, 2024, we granted Mr. Laurel's request for an extension of time, which stated that he anticipated the record would be completed by June 10, 2024. As of the date of this order, Mr. Laurel has not filed the reporters record, nor has he requested an extension of time to do so. Additionally, the Clerk of this Court has attempted to reach Mr. Laurel by phone to request that he file the record or that he file a motion for extension. Mr. Laurel has not responded to the Clerk's attempts to contact him.
It is therefore ORDERED that court reporter, David Laurel, file the reporter's record in this Court no later than July 8, 2024. If the record is not filed by such date, an order will be issued directing Mr. Laurel to appear before this Court 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 Mr. Laurel by certified mail, return receipt requested, or give other personal notice of this order with proof of delivery. Because "[t]he trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed," Tex.R.App.P. 35.3(c), the Clerk of this Court is directed to serve a copy of this order on the Honorable Nicole Garza, Judge of the 45th Judicial District Court.
IT IS SO ORDERED.