Opinion
No. 04-17-00161-CV
06-28-2017
From the 224th Judicial District Court, Bexar County, Texas
Trial Court No. 2016CI07615
Honorable Norma Gonzales, Judge Presiding
ORDER
The reporter's record was originally due May 2, 2017. The portion of the record requested, pursuant to the docketing statement, was the March 3, 2017 record taken by court reporter Letitia Moncivais. When the record was not filed, we sent notice to Ms. Moncivais, advising her that the record was past due, and that if no response was filed within ten days of the letter, the reporter's record would be due June 8, 2017. Ms. Moncivais did not respond to our notice letter and did not file the record by June 8, 2017. Accordingly, on June 14, 2017, the clerk's office of this court contacted Ms. Moncivais by telephone. Ms. Moncivais stated she was unaware a record had been requested and would filed a notification of late record that day. However, she did not file a notification of late record that day. Finally, on June 26, 2017, Ms. Moncivais sent an email and left a voicemail with the clerk's office. In the email and voicemail, Ms. Moncivais stated she had been hospitalized and was out of the office the week of June 19, 2017. She stated she would file a notification of late record on June 26, 2017. On that date, Ms. Moncivais filed a notification of late record in which she reiterates that she was out of the office during the week of June 19, 2017. She also states that she has contacted appellant to determine the portion of the record requested, noting that another court reporter, Debra Jimenez, took a portion of the record on March 23, 2017. However, as noted above, the appellant's docketing statement specifically stated the portion of the record taken on March 3, 2017, was requested for purposes of appeal. Ms. Moncivais states in her notification she will need an additional thirty days to prepare the record after she determines what appellant has requested.
After review, we GRANT the requested extension of time and ORDER Ms. Moncivais to file her portion of the record in this court on or before July 26, 2017. We advise Ms. Moncivais the July 26, 2017 due date set in this order is eighty-five days from the original due date.
We order the clerk of this court to serve a copy of this order on appellant, all counsel, Letitia Moncivais, and Debra Jimenez. We remind the court reporters appellant is indigent for purposes of this appeal.
/s/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 28th day of June, 2017.
/s/_________
Luz Estrada
Chief Deputy Clerk