Opinion
14-21-00740-CV
05-19-2022
IN RE GUARDIANSHIP OF THOMAS NEY HUNT, II, AN ALLEGED INCAPACITATED PERSON
On Appeal from the County Court at Law No. 3 Fort Bend County, Texas Trial Court Cause No. 21-CPR-036072
Panel Consists of Justices Zimmerer, Spain, and Poissant.
ABATEMENT ORDER
PER CURIAM
On April 26, 2021, this court ordered the official court reporter of the County Court at Law No. 3 of Fort Bend County to inform this court within 10 days what payment was required for the record of a hearing held August 16, 2021 as well as a date by which that record could be filed. As of the date of this order, the court reporter has not filed any response to this court's prior order. 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). Because the court reporter has not responded to our prior order, we issue the following order:
We direct the judge of the County Court at Law No. 3 to conduct a hearing at which the court reporter, appellant's counsel, and appellee's counsel shall participate: (a) to determine information concerning payment and preparation of a reporter's record of the August 16, 2021 hearing; (b) to establish a date certain when the reporter's record of the August 16, 2021 hearing will be filed; and (c) to make findings of fact as to whether the court reporter should be held in contempt of court for not responding timely to this court's prior order. We order the trial court to make arrangements for a court reporter to prepare, certify and file with the clerk of this court a supplemental reporter's record of the hearing. The trial court is also ordered to make findings of fact and conclusions of law and have the trial court clerk prepare, certify, and file with the clerk of this court a supplemental clerk's record containing the findings and conclusions. The supplemental reporter's record of the hearing and the 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 both the supplemental clerk's and reporter's records 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 with this court the payment and timing information previously requested regarding the record of the August 16, 2021 hearing (or alternatively, the record of that hearing itself), the appeal will be reinstated, and the trial court need not hold a hearing.