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FE Express, LLC v. Contreras

Fourth Court of Appeals San Antonio, Texas
Jun 23, 2017
No. 04-17-00025-CV (Tex. App. Jun. 23, 2017)

Opinion

No. 04-17-00025-CV

06-23-2017

FE EXPRESS, LLC, Francisco Javier Bernal and Hector Lopez, Appellants v. Maria Isabel Serna CONTRERAS, as Next Friend and Guardian of Samara Isabella Morales Serna and Samantha Isabel Morales Serna, Minor Children, and as Administrator of the Estate of Samuel Morales Castillo, Deceased, Appellees


From the 341st Judicial District Court, Webb County, Texas
Trial Court No. 2014CVT001295 D3
Honorable Rebecca Ramirez Palomo, Judge Presiding

ORDER

The reporter's record was originally due February 17, 2017. We granted the court reporter's additional requests for time to file the reporter's record, and our last order advised that no further extensions of time would be granted absent a showing of extraordinary circumstances that prevented the timely filing of the record.

The court reporter has not filed the record. Instead, the court reporter filed another notice of late record, requesting an additional extension. The notice states the expected size of the reporter's record and provides a status update on the court reporter's progress in completing the reporter's record. The notice does not state why extraordinary circumstances justify further delay in this case. Although we understand there are competing demands on the court reporter's time, these demands do not constitute extraordinary circumstances and cannot justify lengthy delays in filing the record and potential prejudice to appellant's rights.

We grant the court reporter's request for extension of time and order Ana L. Alcantar to file the record by June 26, 2017. No further extensions will be granted absent extraordinary circumstances. If the court reporter is unable to complete the record in a timely manner, she must take whatever steps are necessary, including requesting a substitute reporter or hiring competent assistance, to file the record by the date ordered. If the record is not filed by the date ordered, we may order the court reporter to appear and show cause why she should not be held in contempt.

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 order the clerk of this court to serve a copy of this order on the trial court.

/s/_________

Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 23rd day of June, 2017.

/s/_________

Luz Estrada

Chief Deputy Clerk


Summaries of

FE Express, LLC v. Contreras

Fourth Court of Appeals San Antonio, Texas
Jun 23, 2017
No. 04-17-00025-CV (Tex. App. Jun. 23, 2017)
Case details for

FE Express, LLC v. Contreras

Case Details

Full title:FE EXPRESS, LLC, Francisco Javier Bernal and Hector Lopez, Appellants v…

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Jun 23, 2017

Citations

No. 04-17-00025-CV (Tex. App. Jun. 23, 2017)