Opinion
NO. 14-17-00281-CV
10-05-2017
NGUYEN VU CORPORATION ("NVC"), Appellant v. PD & SONS, LLC D/B/A ROSA PHARMACY, Appellee
On Appeal from the 80th District Court Harris County, Texas
Trial Court Cause No. 2014-11552
ABATEMENT ORDER
The reporter's record in this case was due May 8, 2017. See Tex. R. App. P. 35.1. On May 10, 2017, this court granted Kendra Garcia's motion for extension of time to file the record until June 7, 2017. On June 19, 2017, a second motion for extension of time to file the record was granted until July 7, 2017 with the notation that no further extensions would be granted absent exceptional circumstances.
On August 10, 2017, this court ordered Garcia to file the record within 30 days, and instructed Garcia that if the record was not filed, the court would order the trial court to conduct a hearing to determine the reason for failure to file the record. The record has not been filed with the court.
The trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed. See Tex. R. App. P. 35.3(c). Because the reporter's record has not been filed timely as ordered, we issue the following order.
We direct the judge of the 80th District Court to conduct a hearing at which Kendra Garcia, appellant's counsel, and appellee's counsel shall participate (a) to determine the reason for failure to file the record; (b) to establish a date certain when the reporter's record will be filed, and (c) to make findings as to whether Garcia should be held in contempt of court for failing to file the reporter's record timely as ordered. We order the court to prepare a record, in the form of a reporter's record, of the hearing. The judge shall make findings of fact and conclusions of law, and shall order the trial clerk to forward to this court a supplemental clerk's record containing the findings and conclusions. The hearing record and supplemental clerk's record shall be filed with the clerk of this court by November 6, 2017.
The appeal is abated, treated as a closed case, and removed from this court's active docket. The appeal will be reinstated on this court's active docket when the trial court's findings and recommendations are filed in this court. The court will also consider an appropriate motion to reinstate the appeal filed by either party, or the court may reinstate the appeal on its own motion. If Garcia files the record before the date set for the hearing, the appeal will be reinstated and the trial court need not hold a hearing.
PER CURIAM