Minix v. Charlton

Full title: PAUL MINIX, Appellant, v. MR. CHARLTON, ET AL., Appellees.

Court: COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

Date published: May 12, 2017

NUMBER 13-17-00082-CV (Tex. App. May. 12, 2017)

Opinion

NUMBER 13-17-00082-CV

05-12-2017

PAUL MINIX, Appellant, v. MR. CHARLTON, ET AL., Appellees.

Per Curiam

On appeal from the 135th District Court of De Witt County, Texas.

ORDER OF ABATEMENT

Before Justices Contreras, Benavides, and Longoria
Order Per Curiam

This cause is before the Court on appellant's motion to find the court reporter in contempt and motion for extension of time to amend the brief. Appellant is proceeding pro se. The clerk's record reflects the appellant is incarcerated and has filed an affidavit of indigence.

On March 16, 2017, this Court ordered the trial court to provide appellant with a paper copy of the clerk's record and reporter's record at no cost on or before April 3, 2017. Both the district clerk and court reporter notified this Court that they mailed appellant a copy of the record. Therefore, this Court notified appellant his brief was due on April 24, 2017. Appellant's motion contends the clerk and court reporter have failed to provide him with a copy of the record as ordered on March 16, 2017. Along with the motion, appellant filed a brief with this Court on May 1, 2017, but it was marked received because it does not comply with Texas Rules of Appellate Procedure.

This situation requires us to effectuate our responsibility to avoid further delay and to preserve the parties' rights. See TEX. R. APP. P. 37.3(a)(2). Accordingly, this appeal is ABATED and the cause REMANDED to the trial court.

Upon remand, the judge of the trial court shall immediately cause notice to be given and conduct a hearing to determine whether appellant has been provided a copy of the appellate record. If the appellant does not have the appellate record, the trial court shall ensure that appellant is provided a copy of the appellate record and notify this Court as to the date the appellate record was made available to appellant. Appellant's motion for contempt is DENIED and appellant's motion for extension of time to amend the brief is CARRIED WITH THE CASE.

The trial court shall prepare and file its findings and orders and cause them to be included in a supplemental clerk's record which should be submitted to the Clerk of this Court within thirty days from the date of this order.

PER CURIAM Delivered and filed the 12^th day of May, 2017.