Opinion
03-23-00290-CV
02-21-2024
In re Cheryl DixonKeith Gregory Moraw, Appellant v. Concepcion Emelia Valdez, Appellee
FROM THE 426TH DISTRICT COURT OF BELL COUNTY NO. 321701, THE HONORABLE JACK WELDON JONES, JUDGE PRESIDING
CONTEMPT ORDER
PER CURIAM
This is a contempt proceeding ancillary to the appeal of Keith Gregory Moraw. The subject of this proceeding is Cheryl Dixon, court reporter at Bell County.
This appeal was filed on May 15, 2023. The official certified court reporter's record was originally due on August 4, 2023. Ms. Dixon failed to submit the official certified court reporter's record despite requesting and receiving four separate extensions. On November 21, 2023, the court directed her to file the official certified court reporter's record by November 30, 2023, and that failure to do so may result in an order to show cause why she did not comply. Ms. Dixon did not comply with this order. The court then issued a show cause order to Ms. Dixon, ordering her to appear on February 21, 2024, to show cause why she should not be held in contempt and have sanctions imposed for her failure to obey our November 21, 2023 order. The show cause order also indicated that this hearing would be canceled if Ms. Dixon filed the official certified court reporter's record by 12:00 p.m. on February 20, 2024. Ms. Dixon did not file the official certified court reporter's record and the show cause hearing was set to proceed. On February 21, 2024, Ms. Dixon appeared for the scheduled show cause hearing approximately one hour late and offered testimony.
Upon conclusion of the proceedings, we find that Ms. Dixon is in contempt for violating this Court's order of November 21, 2023, by failing to file the official certified court reporter's record in a timely manner and as directed by our order dated November 21, 2023. We further find that Ms. Dixon has not set forth facts that deny or excuse her contempt.
NOW, THEREFORE IT IS ORDERED, ADJUDGED AND DECREED that Ms. Dixon file the official certified court reporter's record on or before February 23, 2024, at 12:00 p.m. The court further orders that if the official certified reporter's record is not filed by February 23, 2024, at 12:00 p.m., Ms. Dixon shall be subject to a fine of $100.00 per day payable to Clerk of the Court of Appeals, Third District of Texas, located at Price Daniel, Sr. Building, 209 West 14th Street, in Austin, Travis County, Texas until the official certified court reporter's record is filed. The court further orders that if Ms. Dixon does not file the official certified court reporter's record by February 23, 2024, at 12:00 p.m., she shall appear before this Court at a show cause hearing on March 7, 2024, at 9:00 a.m. in the same location to show cause why she should not be held in contempt and have sanctions imposed for her failure to obey our February 21, 2024 order. This order to show cause will be withdrawn and Ms. Dixon will be relieved of her obligation to appear before this Court as ordered above if the Clerk of this Court receives the official certified reporter's record on or before February 23, 2024, at 12:00 p.m.
It is further ordered that the Clerk of this Court provide a copy of this order to the Judicial Branch Certification Commission at 205 W. 14th St., Suite 600, Austin, Texas, 78701. It is ordered on February 21, 2024.
Before Byrne, Chief Justice Smith and Theofanis, Justices.