Opinion
04-24-00249-CV
06-14-2024
GIBBONS & BRAVOS SURVEYING LLC and Jean Michael Bravo, Appellants v. Gary A. GIBBONS, Patricia A. Gibbons, Gibbons Surveying and Mapping, Inc., Kevin W. Love, Sheila F. Love, KLove Engineering, LLC, and Gibbons Surveying LLC, Appellees
Kenneth S. Saks Oliva, Saks, Garcia and Curiel L.L.P. Melanie L. Fry, Dykema Gossett, PLLC. John F. Carroll, Attorney at Law. Luis Duran Jr. Mark Rabe, Roberts Markel Weinberg Butler Hailey, PC. Frederick R. Zlotucha Law Office of Frederick R. Zlotucha Sachiko Nagao.
From the 73rd Judicial District Court, Bexar County, Texas Trial Court No. 2020CI20997 Honorable David A. Canales, Judge Presiding.
Kenneth S. Saks Oliva, Saks, Garcia and Curiel L.L.P.
Melanie L. Fry, Dykema Gossett, PLLC.
John F. Carroll, Attorney at Law.
Luis Duran Jr.
Mark Rabe, Roberts Markel Weinberg Butler Hailey, PC.
Frederick R. Zlotucha Law Office of Frederick R. Zlotucha Sachiko Nagao.
REBECA C. MARTINEZ, CHIEF JUSTICE, PATRICIA O. ALVAREZ, LUZ ELENA D. CHAPA, IRENE RIOS, BETH WATKINS, LIZA A. RODRIGUEZ, LORI I. VALENZUELA, JUSTICES.
Enclosed please find the order which the Honorable Court of Appeals has issued in reference to the above styled and numbered cause.
If you should have any questions, please do not hesitate to contact me.
ORDER
Luz Elena D. Chapa, Justice.
The reporter's record in this appeal was due on May 5, 2024, but was not filed. On May 8, 2024 this court notified court reporters Sachiko Nagao and Luis Duran Jr. by letter that they are the court reporters responsible for timely filing the reporter's record, and the record had not been filed. Our notice required Nagao and Duran to file the record by June 7, 2024 unless appellant had failed to pay or make arrangements to pay the fee for preparing the record and is not entitled to the record without paying the fee, in which case Nagao and Duran were required to file a notice so advising the court by May 20, 2024. We received no response to our letter.
We order court reporters Sachiko Nagao and Luis Duran Jr. to file the record in this court by July 3, 2024. Nagao and Duran are advised that if the record is not received by this date, we may order them to appear and show cause why they should not be held in contempt. Nagao and Duran are further advised that the court will not grant a further extension of time unless Nagao and Duran (1) establish there are extraordinary circumstances that prevent them from timely filing the record, (2) advise the court of what efforts have been expended to prepare the record and the status of completion, and (3) provide the court reasonable assurance the record will be completed and filed by the requested extended deadline.
We further order the clerk of this court to serve this order on court reporters Sachiko Nagao and Luis Duran Jr. 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.