Opinion
No. 08-13-00089-CV
11-04-2013
ROGER LIVERMAN, Appellant, v. KATHERYN PAYNE-HALL AND JOSEPH HALL, Appellees.
Appeal from the
112th District Court
of Upton County, Texas
(TC# 11-05-U4182-OTH)
ORDER
The reporter's record was due to be filed in the above-styled and numbered case on October 26, 2013, but has not been filed. Appellant Roger Liverman has filed a letter with the Court objecting to the continued delay. The trial court previously determined that the reporter's record had not been filed due to the court reporter's health issues and an extension of time to file the reporter's record was granted until October 26, 2013.
The Court finds that it is necessary for the trial court to conduct another hearing to address the court's reporter's failure to file the reporter's record by the due date. The trial court is authorized to hear evidence and issue any appropriate orders. The court shall determine the following issues:
1. the reasons for the court reporter's failure to file the record by the due date;
2. the approximate length of the reporter's record;
3. what percentage of the reporter's record has been completed;
4. an estimation of when the court reporter can prepare and file the reporter's record; and
5. whether it is possible or practicable for another court reporter to assist Mr. Power if he cannot complete and file the reporter's record within a reasonable period of time.
The parties should be afforded an opportunity to present evidence and argument related to these issues. The hearing should be conducted within 15 days from the date of this order. A reporter's record of the hearing shall be prepared and filed within 10 days after the date of the hearing. The trial court is directed to make findings of fact either on the record at the conclusion of the hearing or in writing. If the court makes written findings of fact or enters any written orders, the same shall be filed with the trial court clerk who shall prepare and file a supplemental clerk's record with this Court within 10 days after the date of the hearing.
IT IS SO ORDERED THIS 4TH DAY OF NOVEMBER, 2013.
PER CURIAM Before McClure, C.J., Rivera and Rodriguez, JJ.