Opinion
No. 04-16-00491-CV
04-13-2017
Sam LAJZEROWICZ, Appellant v. Estelita LAJZEROWICZ, Appellee
From the 285th Judicial District Court, Bexar County, Texas
Trial Court No. 2006-CI-16638
Honorable Stephani A. Walsh, Judge Presiding
ORDER
On March 24, 2017, we ordered the court reporter, Judith A. Stewart, to respond to appellant's allegation that a transcript of a May 26, 2016 hearing was not filed in this appeal. We reviewed the transcript of the hearing, and the transcript shows the trial court ruled on a motion filed in this case. The docket sheet in the clerk's record also shows a May 26, 2016 hearing and ruling on a motion filed in this case. We ordered Ms. Stewart to respond by April 3, 2017, but no response was filed. On April 6, 2017, a deputy clerk left a message with Ms. Stewart regarding this matter, but Ms. Stewart has not responded.
We therefore order Judith A. Stewart, by April 17, 2017, to file (1) a written response to our March 24, 2017 order that states whether the cause number stated on the transcript of the May 26, 2016 hearing, 2015-CV-20292, is the correct or incorrect cause number, and if the cause number is incorrect, to file a supplemental reporter's record of the May 26, 2016 hearing that contains the trial court cause number for this case; and (2) a written response to this order explaining why no response to our March 24, 2017 order was timely filed.
Ms. Stewart is further advised that if an adequate response is not filed by April 17, 2017, we may order her to appear before the court and show cause why she should not be held in contempt. We further order the clerk of this court to serve this order on Judith A. Stewart by certified mail, return receipt requested, and by first class United States mail. Because "[t]he trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed," TEX. R. APP. P. 35.3(c), we also order the clerk of this court to serve a copy of this order on the trial court.
/s/_________
Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 13th day of April, 2017.
/s/_________
Keith E. Hottle
Clerk of Court