Opinion
14-22-00905-CV
06-22-2023
SELVA KUMAR, Appellant v. COGNIZANT TECHNOLOGY SOLUTIONS U.S. CORP, Appellee
On Appeal from the 113th District Court Harris County, Texas Trial Court Cause No. 2017-55427
Panel Consists of Justices Jewell, Hassan, and Wilson.
ORDER
PER CURIAM
On January 31, 2023, this court issued an order abating this appeal and ordering the trial court to hold a hearing and sign an order finding the dates when appellant and his counsel first either received notice or acquired actual knowledge that the trial court's judgment was signed. Those actions were in association with appellant's claim that he timely filed a notice of appeal after receiving notice of the trial court's judgment. See Tex. R. App. P. 4.2(a); Tex.R.Civ.P. 306a(5). This court further ordered that a supplemental clerk's record containing the trial court's order be filed with this court by March 2, 2023. In association with those orders, this court noted that any party seeking reinstatement of this appeal had the responsibility to request a hearing date from the trial court and to schedule a hearing in compliance with this court's order. As appellant is seeking to show he was ostensibly affected by lack of notice of the judgment, he had the responsibility to prove that notice and knowledge were untimely provided, see Tex. R. Civ. P. 306a(5), and thus he had the responsibility to schedule the hearing.
As of today, the requested records have not been filed.
Accordingly, appellant is ordered to file a response within 21 days of the date of this order containing either (1) a copy of the trial court's signed order finding the dates when appellant and his counsel first either received notice or acquired actual knowledge that the trial court's judgment was signed, or (2) a reasonable explanation for why no such order is available. Failure to comply with this order may result in dismissal of this appeal without further notice. See Tex. R. App. P. 42.3(b), (c).
The appeal remains abated.