Opinion
14-23-00530-CV
01-04-2024
ASSET RES SERVICES LLC, Appellant v. PARADIGM RECOVERY AND REMARKETING LLC AND SONIARODRIGUEZ, Appellees
On Appeal from the County Civil Court at Law No. 3 Harris County, Texas Trial Court Cause No. 1140142
Panel Consists of Justices Jewell, Zimmerer, and Hassan.
ABATEMENT ORDER
PER CURIAM
The clerk's record in this case was due September 8, 2023. See Tex. R. App. P. 35.1. The record was not filed. On November 2, 2023, this court ordered the Harris County Clerk to file the clerk's record within 30 days. No response has been received. 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 clerk's record has not been filed timely as ordered, we issue the following order.
We direct the judge of the County Civil Court at Law No. 3 to conduct a hearing at which the Harris County Clerk, appellant's counsel, and appellees' counsel shall participate (a) to determine the reason for failure to file the record; and (b) to establish a date certain when the clerk's record will be filed. 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 court 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 conclusions 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 clerk's record is filed before the date set for the hearing, the appeal will be reinstated, and the trial court need not hold a hearing.