Opinion
01-23-00852-CR
05-30-2024
Allen Dale Edwards. v. The State of Texas
Trial court: 208th District Court of Harris County Trial court case number: 1503258
ORDER OF ABATEMENT
Amparo Monique Guerra Judge
The appellate record in this appeal was originally due on January 2, 2024. On January 3, 2024, the court reporter for the 208th District Court of Harris County filed a request for extension of the deadline to file the reporter's record. The Court granted the request, extending the deadline to file the reporter's record to February 2, 2024. See Tex. R. App. P. 35.3(c) (appellate court may extend deadline for filing record on request by reporter, with any extension not exceeding thirty days).
On February 2, 2024, the court reporter filed a second request for extension of the deadline to file the reporter's record. The second request for extension was granted by the Court, extending the deadline for filing the reporter's record to March 4, 2024.
On March 4, 2024, the court reporter filed a third request for extension of time to file the reporter's record, requesting the deadline be extended to April 4, 2024. The court reporter's request for an extension stated that she needed additional time to complete the record, which covers eight days of testimony, amounting to approximately 1,200 pages.
On March 7, 2024, the Court granted the request, extending the deadline for filing the reporter's record to April 3, 2024. In our March 7, 2024 order, the Court further notified the court reporter that no further extensions would be considered absent extraordinary circumstances, and that the failure to file the reporter's record by the extended deadline would result in the Court directing the trial court to conduct a hearing to determine the reason for the failure to file the record. See Tex. R. App. P. 35.3(c) (requiring courts to ensure that appellate record is timely filed). Despite that, the reporter's record was not filed by the extended deadline.
However, on April 4, 2024, the court reporter filed a fourth request for an extension of time to file the reporter's record, requesting an additional two weeks to complete the record. The reporter's record has not been filed.
The request for an extension for filing the reporter's record is denied. Accordingly, we abate the appeal, remand to the trial court, and direct the trial court to conduct a hearing to: (1) determine the reason(s) for the failure to timely file the reporter's record, (2) determine whether the trial court's official court reporter needs assistance with completing and filing the reporter's record for this appeal, and (3) to set a deadline by which the reporter's record will be filed with the Clerk of this Court.
The trial court is further directed to hold the ordered hearing within fourteen days of the date of this order and to enter written findings of fact, conclusions of law, and recommendations as to these issues. Within fourteen days of the ordered hearing, the trial court clerk is directed to file a supplemental clerk's record containing the trial court's findings and recommendations with this Court.
The appeal is abated, treated as a closed case, and removed from this Court's active docket. The appeal will be reinstated on the Court's active docket when the supplemental clerk's record is filed with this Court, or upon motion of the parties. The trial court coordinator shall set a hearing date and notify the parties and the Clerk of this Court of such date.
It is so ORDERED.