Opinion
14-23-00791-CV
03-07-2024
VICENTE HERNANDEZ, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the County Court at Law Navarro County, Texas Trial Court Cause No. C41837-CR
Panel Consists of Chief Justice Christopher and Justices Zimmerer and Wilson.ABATEMENT ORDER
PER CURIAM
The reporter's record in this case was originally due November 30, 2023. See Tex. R. App. P. 35.1. On January 30, 2024, this court ordered court reporter Cheryl Dixon to file volumes 1 and 6 of the record within 30 days, and instructed the court reporter that if those portions of the record were not filed, the court would order the trial court to conduct a hearing to determine the reason for failure to file them. Volumes 1 and 6 of the record have not been filed with the court. The trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed. See Tex. R. App. P. 35.3(c). It is the duty of the trial court to ensure that its reporter's work is timely accomplished by setting work priorities. Tex.R.App.P. 13.3. Because the complete reporter's record has not been filed timely as ordered, we issue the following order.
We direct the judge of the County Court at Law to conduct a hearing at which court reporter Cheryl Dixon, appellant's counsel, and appellee's counsel shall participate to (a) determine the reason for failure to file the complete record; and (b) establish a date certain when the remainder of the reporter's record will be filed. We order the court to prepare a record, in the form of a reporter's record, of the hearing. The judge shall make findings of fact and conclusions of law, and shall order the trial clerk to forward to this court a supplemental clerk's record containing the findings and conclusions. The hearing record and supplemental clerk's record shall be filed with the clerk of this court within 30 days of the date of this order.
The appeal is abated, treated as a closed case, and removed from this court's active docket. The appeal will be reinstated on this court's active docket when the trial court's findings and recommendations are filed in this court. The court will also consider an appropriate motion to reinstate the appeal filed by either party, or the court may reinstate the appeal on its own motion. If the court reporter files the remainder of the record before the date set for the hearing, the appeal will be reinstated and the trial court need not hold a hearing.