Opinion
13-24-00394-CV
11-25-2024
IN THE MATTER OF THE MARRIAGE OF MARIA ROCIO RODRIGUEZ HURTADO AND OSCAR HURTADO AND IN THE INTEREST OF D.H. AND S.H., CHILDREN
On Appeal from the 23rd District Court of Matagorda County, Texas
Before Chief Justice Contreras and Justices Benavides and Silva
ORDER OF ABATEMENT
PER CURIAM.
This cause is before the Court on the court reporter's failure to file the reporter's record. The reporter's record was originally due to be filed on September 9, 2024. On September 3, 2024, court reporter, Jennifer Hall, requested, and this Court granted, an extension of time to file the record to October 3, 2024. See Tex. R. App. P. 35.3(c). The Clerk of the Court notified the court reporter that her portion of the reporter's record was past due. To date, the court reporter has failed to file her portion of the reporter's record and has not otherwise responded to the Clerk of the Court's late notice.
This sequence of events requires us to effectuate our responsibility to avoid further delay and to preserve the parties' rights. See id. R. 37.3. This matter is abated and remanded to the trial court to utilize whatever means necessary to make appropriate findings and recommendations concerning the following: (1) whether appellant requested a reporter's record; (2) if a reporter's record was requested, whether the court reporter is in the process of preparing a reporter's record; (3) when the reporter's record will be submitted, if one will be prepared; (4) if any other orders are necessary to ensure the proper and timely pursuit of appellant's appeal.
The trial court shall cause its findings and recommendations, together with any orders it may enter regarding the aforementioned issues, to be included in a supplemental clerk's record. Furthermore, the trial court shall cause a supplemental reporter's record of any proceedings to be prepared. The supplemental clerk's record and supplemental reporter's record, if any, shall be filed with the Clerk of this Court within thirty days from the date of this order.