Opinion
04-23-00838-CV
01-23-2024
Karen EICH, Appellant v. Evan PORRAS, Appellee
From the 285th Judicial District Court, Bexar County, Texas Trial Court No. 2021-CI-14945 Honorable Antonia Arteaga, Judge Presiding
ORDER
The reporter's record was due on October 18, 2023. See Tex. R. App. P. 35.1(a). On November 13, 2023, Court Report Maria Fattahi filed a notification of late record requesting until November 20, 2023, to file her reporter's record.
This court did not receive Ms. Fattahi's record by November 20, 2023. On November 28, 2023, this court sent a Rule 37.3 letter to Ms. Fattahi notifying her that her reporter's record was late and needed to be filed with the court within thirty days. See Tex. R. App. P. 37.3(a)(1).
To date, this court has not received Ms. Fattahi's record.
We ORDER court reporter Maria Fattahi to file the reporter's record in this court within TEN DAYS of the date of this order. See id. R. 35.3(c).
If the reporter's record is not filed as ordered, a show cause order shall issue directing Maria Fattahi 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").
We direct the clerk of this court to cause a copy of this order to be served on Maria Fattahi by certified mail, return receipt requested, with delivery restricted to addressee only, 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), we direct the clerk of this court to deliver a copy of this order to the Honorable Antonia Arteaga, Presiding Judge of the 57th District Court.