Opinion
NUMBER 13-18-00377-CV
08-01-2018
ESEQUIEL (CHEQUE) DELA PAZ, Appellant, v. OFELIA (OFIE) GUTIERREZ, Appellee.
On appeal from the 105th District Court of Kleberg County, Texas.
ORDER
Before Chief Justice Valdez, and Justices Hinojosa and Wittig
Order Per Curiam
Retired Fourteenth Court of Appeals Justice Don Wittig, assigned to this Court by the Chief Justice of the Supreme Court of Texas pursuant to the government code. See TEX. GOV'T CODE ANN. § 74.003 (West, Westlaw through 2017 1st C.S.).
Pending before the Court is an appeal involving a contest to the election results of the May 22, 2018 Democratic Party Primary Runoff Election for Justice of the Peace, Precinct 4, Kleberg County, Texas (the election). The two candidates in the election were: Ofelia "Ofie" Gutierrez, the contestant in the trial court and the appellee in this Court, and Esequiel "Cheque" De la Paz, the contestee in the trial court and the appellant in this Court.
On July 5, 2018, the trial court signed a final judgment declaring the election void and ordering the Kleberg County Democratic Party and the Kleberg County Clerk to conduct a new election. The final judgment orders the election to occur on August 14, 2018 and provides for an early voting period to begin on August 6 and end on August 10, 2018.
On July 10, 2018, De la Paz filed a notice of appeal. Under section 232.016 of the election code, the perfecting of an appeal in an election contest suspends the execution of the district court's judgment pending the disposition of the appeal without the necessity for a supersedeas bond. TEX. ELEC. CODE ANN. § 232.016 (West, Westlaw through 2017 1st C.S.). Pursuant to this statutory mandate, we ORDER that the execution of the trial court's judgment be suspended pending disposition of this appeal.
On July 23, 2018, the clerk's record was filed in this Court. To date no reporter's record has been filed. The Court notes that the court reporter(s) has indicated that a motion for extension of time to file the reporter's record will be filed with the Court. Under section 232.014(d) of the election code, the district judge shall set the deadline for filing the trial court record in the appellate court and may make any other orders to expedite an appeal that are reasonable and appropriate, including reducing the time normally allowed for filing appellate briefs, subject to review by the appellate court on motion of a party. Id. at § 232.104(d) (West, Westlaw through 2017 1st C.S.).
We are confident that the trial court will fulfill its obligation in setting the deadline for filing the appellate record and aiding in the expeditious presentation of the instant appeal.
IT IS SO ORDERED.
PER CURIAM Delivered and filed the 1st day of August, 2018.