Opinion
01-24-00255-CV
06-18-2024
Phillip David Haskett v. Texas Commission on Environmental Quality, Et Al
Trial court: 122nd District Court of Galveston County Trial court case number: 22-CV-2358.
ORDER
Richard Hightower, Judge.
Appellee Texas Commission on Environmental Quality (TCEQ) has filed a document entitled "Response to May 6, 2024 order on reporter's record and notice of second reporter's record." The May 6, 2024 order from this Court ordered the court reporter for the 122nd District Court in Galveston County to file the reporter's record within 30 days. TCEQ advises that there is an additional reporter's record from the 459th District Court in Travis County because, before the motion to transfer venue to Galveston County was filed and granted, the 459th District Court in Travis County held a hearing and granted TCEQ's plea to the jurisdiction on September 12, 2022.
TCEQ states that, because it appears from appellant's notice of appeal that he wishes to appeal the September 12, 2022 order, this Court's appellate record should include the reporter's record of the hearing held on TCEQ's plea to the jurisdiction. On June 13, 2024, TCEQ filed a motion for this Court to order the Austin court reporter to file the hearing record.
The notice of appeal indicates that appellant is appealing from orders or judgments signed on November 3, 2022 and March 4, 2024. If appellant is appealing from the Travis County order signed on September 12, 2022, it is appellant's responsibility to request from the official court reporter in Travis County, in writing, the preparation of the reporter's record. See Tex. R. App. P. 34.6(b)(1). If anything relevant is omitted from the reporter's record, any party or the court may direct the court reporter to file a supplemental reporter's record. See Tex. R. App. P. 34.6(d). The Galveston County court reporter has advised this Court that there is no reporter's record in the Galveston County case. But TCEQ's response indicates that there is an omitted reporter's record from Travis County.
TCEQ asks that we order the reporter's record from the Travis County trial court, but the rules permit any party to request the preparation and filing of the record. See Tex. R. App. P. 34.6(d). Thus, TCEQ may request the court reporter for the 459th District Court in Travis County to file the reporter's record. If TCEQ is unable to obtain the reporter's record after a written request, the Court will entertain a request for this Court to order the reporter's record.
It is so ORDERED.