Opinion
08-23-00289-CV
05-29-2024
MARIA RAMOS/ANNA M. MARROQUIN AND JOSE L. MARROQUIN, Appellant/Appellees, v. ANNA M. MARROQUIN AND JOSE L. MARROQUIN/MARIA RAMOS, Appellees/Appellant.
Appeal from the 38th District Court of Uvalde County, Texas (TC# 2019-10-33032-CV)
Before Alley, C.J., Palafox and Soto, JJ.
ORDER
Pursuant to Tex.R.App.P. 10.4 (a) the motion ruled on through this Order may have been decided by a single Justice sitting on the panel.
The Court has received and filed the supplemental clerk's record containing the trial court's findings as requested in our order issued April 17, 2024. The appeal is therefore REINSTATED as of today's date. The Clerk of this Court is ORDERED to file the reporter's record (2 volumes + 1 exhibit volume), received by this Court on May 22, 2024.
Two motions remain pending before the Court: (1) the Marroquins' motion for extension of time to file their appellate brief, filed on March 20, 2024, and (2) Ramos's response and motion to extend time to supplement her brief with citations to the reporter's record, filed on April 1, 2024. In reverse order, we begin with Ramos's motion seeking additional time to file her brief, which we construe as a motion for leave to supplement her brief.
Due to the difficulties in obtaining the reporter's record in this cause, Ramos filed her brief without citations to the reporter's record. The brief states: "Numerous requests were made to the court reporter to produce the record including tendering full payment to the reporter. However, the record was not produced. Appellant hopes that it will be available and reserves the right to add the record if it becomes available." In her response and motion, she now requests that she be granted additional time to supplement her brief.
Texas Rule of Appellate Procedure 38.7 provides that "[a] brief may be amended or supplemented whenever justice requires, on whatever reasonable terms the court my prescribe." Tex.R.App.P. 38.7. Here the reporter's record was not timely filed, but Ramos was not at fault. At the hearing on abatement, the trial court found that court reporter Micah Gentry had not timely filed the reporter's record because, in part, he was unable to locate all the exhibits. Now that the record has been filed, the Court finds that justice requires that Ramos be afforded an opportunity to amend or supplement her brief to the extent she deems necessary.
Therefore, it is ORDERED that Ramos's motion to supplement is GRANTED. The amended or supplemented brief is due on or before June 28, 2024. Because we grant Ramos's motion, the Marroquins' brief will be due 30 days after Ramos's brief pursuant to Texas Rule of Appellate Procedure 38.6(b). Tex.R.App.P. 38.6(b). Therefore, the Marroquins' motion for extension of time to file their appellate brief is DENIED as moot.
IT IS SO ORDERED