Opinion
No. 04-16-00298-CV
12-13-2016
EL CABALLERO RANCH, INC. and Laredo Marine, L.L.C., Appellant v. GRACE RIVER RANCH, L.L.C., Appellee
From the 218th Judicial District Court, La Salle County, Texas
Trial Court No. 13-04-00108-CVL
Honorable Russel Wilson, Judge Presiding
ORDER
The reporter's record in this appeal was originally due July 5, 2016 but was not filed. Shortly thereafter, we notified the court reporter that the reporter's record was past due; however, we did not receive a response. On August 26, 2016, we then ordered the court reporter to file the reporter's record in this court on or before September 26, 2016. On September 28, 2016, the court reporter filed a notification of late record, requesting an extension of time of thirty days. We granted the request for an extension and ordered the court reporter to file the record by October 26, 2016. On October 26, 2016, the court reporter requested an additional extension of time of thirty days to file the record. By order dated November 4, 2016, we granted the court reporter's request, ordering the court reporter to file the reporter's record by November 28, 2016. In our order, we advised the court reporter that no further extension of time will be considered or granted without written proof of extraordinary circumstances.
In light of the above, on December 7, 2016, the court reporter filed another notification of late record, requesting an additional extension of time until December 23, 2016. In her notification of late record, the court reporter indicated she has a number of records she is working to complete and that she has subcontracted help to aid her in preparing this record. The court reporter also attached a status report, demonstrating what portions of the record are complete. While we understand there are competing demands on a court reporter's time, these demands cannot justify such a lengthy delay and potential prejudice to appellant's rights. If the court reporter is unable to perform all of her duties and complete a record in a timely manner, she must take whatever steps are necessary to file the record by the date ordered.
After consideration, we GRANT the requested extension and ORDER the court reporter to file the reporter's record on or before December 23, 2016. THIS IS THE FINAL EXTENSION OF TIME THAT WILL BE GRANTED. The court reporter is advised that if the record is not received by this date, we shall order her to appear and show cause why she should not be held in contempt. We further order the clerk of this court to serve this order on court reporter Ms. Leticia Murillo Escamilla by certified mail, return receipt requested, and by first class United States mail. 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 also ORDER the clerk of this court to serve a copy of this order on the trial court. Appellant's brief will be due thirty days after the complete reporter's record is filed.
/s/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 13th day of December, 2016.
/s/_________
Keith E. Hottle
Clerk of Court