Opinion
No. 04-17-00565-CV
04-17-2018
David MORA, Texas Sterling Construction Co. a/k/a Texas Crushed Concrete, and Sterling Construction Company, Inc. a/k/a Sterling Delaware Holding Company, Inc., Appellants v. Martin VALDIVIA Sr. and Maria Cervantes Valdivia, both Individually and as Sole Heirs of the Estate of Martin Valdivia Jr., Deceased, Appellees
From the 37th Judicial District Court, Bexar County, Texas
Trial Court No. 2015CI09734
Honorable Michael E. Mery, Judge Presiding
ORDER
After this court granted court reporter Amy L. Hinds's first, second, third, and fourth requests for extensions of time to file the record, the reporter's record was due on April 9, 2018. In our order granting the fourth extension, we warned the court reporter as follows: No further requests for an extension of time to file the reporter's record will be granted.
To date, the court reporter has not filed another notice of late record or the reporter's record.
We ORDER court reporter Amy L. Hinds to file the reporter's record in this court not later than April 19, 2018.
If the reporter's record is not filed as ordered, a show cause order shall issue directing Amy L. Hinds to appear on a day certain and show cause why she should not be held in contempt for failing to file the record. See TEX. R. APP. P. 35.3(c); see also TEX. GOV'T CODE ANN. § 21.002 (West 2004) (authorizing contemnor punishment up to "a fine of not more than $500 or confinement in the county jail for not more than six months, or both such a fine and confinement in jail"); Johnson v. State, 151 S.W.3d 193, 195-96 (Tex. Crim. App. 2004) (noting the court's previous action holding a court reporter in contempt for "repeatedly fail[ing] to prepare and file the record" and "order[ing] him incarcerated . . . until the record was finished").
The clerk of this court shall cause a copy of this order to be served on Amy L. Hinds by certified mail, return receipt requested, with delivery restricted to addressee only, or give other personal notice of this order with proof of delivery.
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 17th day of April, 2018.
/s/_________
KEITH E. HOTTLE,
Clerk of Court