Opinion
07-24-00176-CV
08-02-2024
NOBEL LEAF HOLDINGS, LLC, APPELLANT v. FIRST UNITED BANK, APPELLEE
On Appeal from the 64th District Court Castro County, Texas Trial Court No. A10796-2203, Honorable Danah L. Zirpoli, Presiding
Before QUINN, C.J., and DOSS and YARBROUGH, JJ.
ORDER OF ABATEMENT AND REMAND
PER CURIAM
Appellant, Nobel Leaf Holdings, LLC, appeals from the trial court's Final Judgment. The clerk's record was originally due June 17, 2024, but was not filed. By letter of July 8, 2024, we notified the trial court clerk that the record was overdue and directed her to advise this Court of the status of the record by July 18. To date, the clerk has neither filed the record nor sought an extension of time to do so.
Accordingly, we abate the appeal and remand the cause to the trial court for further proceedings. See TEX. R. APP. P. 35.3(c) ("The trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed."); 37.3(a)(2) (requiring appellate courts to "make whatever order is appropriate to avoid further delay and to preserve the parties' rights" when the appellate record is not timely filed). On remand, the trial court shall determine the following:
(1) what tasks remain to complete the filing of the clerk's record;
(2) why the clerk has not completed the necessary tasks;
(3) what amount of time is reasonably necessary for the completion of those tasks; and
(4) whether the clerk can complete the tasks within the time the trial court finds reasonable.
The trial court is directed to enter such orders necessary to address the aforementioned questions. So too shall it include its findings on those matters in a clerk's record and cause that record to be filed with this Court by September 3, 2024.
Should the clerk file the record on or before August 16, 2024, she is directed to immediately notify the trial court of the filing, in writing, whereupon the trial court shall not be required to take any further action.
It is so ordered.