Opinion
No. 08-14-00254-CV
02-19-2015
Moore Freight Services, Inc., et al., Appellants, v. Lorena Munoz, Ind., et al., Appellees.
Appeal from the 168 District Court of El Paso County, Texas (TC# 2010-4169)
ORDER
The reporter's record in the above styled and numbered cause was originally due October 1, 2014. The Court has granted four extensions of time at the request of the court reporter. The Reporter's Record was due February 7, 2015, the court having granted and a second FINAL extension of time to file the reporter's record. No reporter's record has been filed as of this date. Consequently, the Court has determined it is necessary for the trial court to conduct a hearing regarding the court reporter's failure to timely file the reporter's record in this appeal.
It is therefore ORDERED that the trial court conduct a hearing to determine whether Appellant has been deprived of the reporter's record for any reason, including whether the reporter's record has been lost or destroyed, such that Appellant might be entitled to a new trial pursuant to TEX.R.APP.P. 34.6(f). The record before us reflects that Appellant timely requested the court reporter to prepare the reporter's record. The trial court shall determine the following:
1. whether a significant portion of the court reporter's notes and exhibits have been lost or destroyed, and if so, whether the loss or destruction occurred without any fault of the Appellant;
2. if the reporter's record has been lost or destroyed, whether the lost or destroyed portion is necessary to the appeal's resolution; and
3. if the reporter's record has been lost or destroyed, whether it can be replaced by agreement of the parties.
Additionally, if the reporter's record has not been lost or destroyed, the trial court shall determine:
1. whether the court reporter, Ms. Rachel Simons, has the ability to transcribe and file the record within thirty days; andThe trial court is authorized to hear evidence and to determine any additional matters it deems relevant to this inquiry. The court is also authorized to enter any orders to ensure that the reporter's record is filed at the earliest date possible.
2. if the trial court determines that Ms. Simons is unable to file the reporter's record within thirty days, whether another court reporter could assist Ms. Simons.
The trial court is directed to make findings of fact and conclusions of law regarding these matters and file same with the trial court clerk for inclusion in a supplemental clerk's record. The transcription of such hearing and the supplemental clerk's record shall be forwarded to this Court on or before March 20, 2015.
IT IS SO ORDERED this 19 day of February, 2015.
PER CURIAM Before McClure, C.J., Rodriguez, and Hughes, JJ.
(Hughes, J., not participating)