Opinion
No.12-14-00155-CV
12-22-2014
Brenda Brewer, Deanna Meador, Penny Adams, Sabra Curry and Deborah Beane, APPELLANTS v. Lowe's Home Centers, Inc., APPELLEE
ORDER OF COMMITMENT
TO THE SHERIFF OF SMITH COUNTY - GREETINGS:
Larry Smith, Sheriff of Smith County, Texas, is hereby commanded to take into custody and confine within the jail of Smith County Helen Wooten, who is hereby committed to said jail for the offense of Contempt of Court as set out in the attached exact copy of the Judgment of Contempt.
Helen Wooten, the contemnor, is ordered confined to the Smith County Jail, along with any necessary equipment for transcribing the trial, until she purges herself of contempt by preparing and filing the complete reporter's record in cause number 12-14-00155-CV, styled Brenda Brewer, Deanna Meador, Penny Adams, Sarbra Curry and Deborah Beane v. Lowe's Home Centers, Inc., as set out in the attached exact copy of the Judgment of Contempt.
Herein fail not, but of this writ and notice make due return, under penalty prescribed by law, with your endorsement showing how you executed same.
OFFICER'S
RETURN
Came to hand on this ___ day of December, 2014, at ___ o'clock ___. M. and executed at Smith County, Texas, on the ____________________ day of December, 2014, at ____________________ o'clock ____________________.m., by delivering to Helen Wooten, the original JUDGMENT OF CONTEMPT which accompanied this writ.
TO CERTIFY WHICH WITNESS MY HAND OFFICIALLY. ____________________
SIGNATURE
____________________
PRINT OR TYPE NAME
____________________
TITLE
OF SMITH COUNTY
JUDGMENT OF CONTEMPT
On December 15, 2014, court reporter Ms. Helen C. Wooten appeared in person, without counsel, for a hearing on this Court's Order to Appear and Show Cause issued in the above-styled and numbered cause on November 26, 2014. By that order, Court Reporter Ms. Helen C. Wooten was directed to appear and show cause why she should not be held in contempt for failing to obey the attached Order of this Court dated November 4, 2014. Reporter Ms. Helen C. Wooten invoked her right to counsel, and the Court recessed the hearing until December 22, 2014, at 10:00 o'clock a.m. On December 22, 2014, Ms. Wooten appeared in person and through her counsel, Ms. Marisa Schouten. Following the hearing, this Court makes the following findings and Order: 1. The related case (trial court cause number 3-41083, Brenda Brewer, Deanna Meador, Penny Adams, Sabra Curry and Deborah Beane v. Lowe's Home Centers Inc.) was tried before 3rd District Court of Anderson County, Texas, and judgment was entered on May 12, 2014. 2. The appeal was perfected on May 27, 2014, and the reporter's record was due to have been filed on or before July 11, 2014. 3. On July 14, 2014 Reporter Helen C. Wooten was notified that the reporter's record was past due and given until August 11, 2014 to file it. 4. On August 18, 2014, Reporter Wooten was notified that the reporter's record was past due and given until August 28, 2014 to file it. 5. On September 5, 2014 this Court ordered the case to be submitted on the clerk's record alone, without a reporter's record. 6. On September 18, 2014, this Court granted Appellants' motion for reconsideration, withdrew the order entered on September 5, 2014, and granted Reporter Helen C. Wooten until November 2, 2014 to file the reporter's record. 7. On November 4, 2014, this Court set the final deadline to file the reporter's record to November 14, 2014. 8. On November 19, 2014, this Court notified Ms. Helen C. Wooten that the matter had been referred to the Court for further action. 9. On November 26, 2014, this Court issued an Order to Appear and Show Cause to Reporter, Ms. Helen C. Wooten. 10. On December 22, 2014, the hearing on this Court's Order to Appear and Show Cause was held, at which Reporter Ms. Helen C. Wooten appeared in person and with her counsel, Ms. Marisa Schouten.
Reporter, Helen C. Wooten offered some explanation for having failed to file the record as ordered. At the conclusion of the hearing, the Court recessed, and upon returning, informed Wooten that she had violated this Court's order by failing to file the record as ordered, and had failed to provide sufficient cause to excuse her contempt.
ACCORDINGLY, this Court finds that Helen C. Wooten is in contempt for violating this Court's order of November 4, 2014.
ORDERS
I.
IT IS THEREFORE ORDERED that Reporter Wooten shall be arrested and confined to the Smith County Jail for such violation, subject to the terms and conditions set forth below, until she purges herself of the contempt by preparing and filing with the Clerk of the Court of Appeals for the Twelfth Appellate District of Texas the complete reporter's record in legible form as require by the Supreme Court.
It is FURTHER ORDERED that the terms and conditions of Wooten's confinement shall be as follows:
1. Wooten shall be immediately taken into custody, booked into the Smith County Jail, and released at 5:00 p.m. on December 22, 2014.
2. Wooten shall report to the Smith County Jail, at 227 North Spring Avenue, Tyler, Texas, at 8:00 a.m. on December 23, 2014, and each day thereafter, excluding Saturdays; Sundays; December 24, December 25, and December 26, 2014; and January 1 and January 2, 2015 (the "work day"), with all equipment necessary to complete the reporter's record in cause number 12-14-00155-CV, and shall work on the referenced record until 12:00 noon, resume work at 1:00 p.m., and continue until 5:00 p.m. until the referenced record is complete.
3. Wooten shall be supervised by a Smith County Sheriff's Deputy on each work day at all times between 8:00 a.m. and 5:00 p.m., unless otherwise ordered by this Court.
4. Wooten shall not leave the assigned work area during the period from 12:00 noon to 1:00 p.m. on any work day, but may bring a lunch for consumption on the premises.
5. The record shall be deemed complete when it is presented in legible format, and accepted and filed by the Clerk of this Court.
6. After the complete record is presented in legible format, Wooten shall continue to report to the Smith County Jail until she receives notification from the Court that the record has been accepted and filed.
7. Any failure by Wooten to present herself to the Smith County Jail as directed herein shall result in the issuance of a writ of attachment for misdemeanor escape.
II.
It is FURTHER ORDERED that Reporter Ms. Helen C. Wooten, be and hereby is, assessed a fine in the amount of FIVE HUNDRED DOLLARS ($500.00), payable to the clerk of the court, in the form of cash, cashier's check, or money order, on or before January 21, 2015 at 12:00 NOON. Failure to comply with this order will subject Reporter Ms. Helen C. Wooten to contempt proceedings.
III.
It is FURTHER ORDERED that a formal complaint shall be filed by this Court against Ms. Helen C. Wooten with the Court Reporter's Certification Board. The complaint shall include the record pertaining to the instant proceeding and the records pertaining to appellate cause numbers 12-10-00135-CR and 12-12-00214-CR, each styled In Re: Helen C. Wooten, Contemnor.
WITNESS the Honorable James T. Worthen, Chief Justice of the Court of Appeals, 12th Court of Appeals District of Texas, at Tyler.
GIVEN UNDER MY HAND AND SEAL OF SAID COURT, at my office this 22nd day of December 2014, A.D.
CATHY S. LUSK, CLERK
12th Court of Appeals
/s/_________
By: Katrina McClenny, Chief Deputy Clerk