Opinion
No. 08-14-00073-CV
05-01-2014
Elizabeth Quiroz, as Next Friend of Joseph Cardona a/k/a Joseph Quiroz, Appellants, v. Jorge Fabio Llamas-Soforo, M.D., Individually, Jorge Fabio Llamas-Soforo, M.D., P.A., d/b/a El Paso Eye Care Center, Luis Alberto Ayo, M.D., Pediatrix Medical Group of Texas, P.A., Pediatrix Medical Group, Inc., Roy John Caviglia, M.D., et al., Appellees.
Appeal from the
205 District Court
of El Paso County, Texas
(TC# 2008-2694)
ORDER
A portion of the reporter's record in the above styled and numbered cause is past due. The official court reporter notified the Court that Linda Stevens is the court reporter who is responsible for preparing the past-due portion of the reporter's record and Ms. Stevens was notified of the due date. Ms. Stevens has not requested an extension of time in which to file the reporter's record.
It is therefore ORDERED that the trial court conduct a hearing to determine whether Appellant has been deprived of a reporter's record for any reason and to make appropriate findings and recommendations. The trial court shall determine the following fact issues:
1. what portion of the record has not been prepared;
2. whether Appellant requested that the court reporter(s) prepare this portion of the record;
3. whether the notes and any exhibits associated with this portion of the reporter's record have been lost or destroyed, and if so, whether the lost or destroyed portion is necessary to resolution of the appeal, and whether the lost or destroyed portion can be replaced by agreement of the parties;
4. whether Ms. Stevens is able to prepare the portion of the reporter's record in question, and if so, how much time is reasonably required to prepare it; and
5. if Ms. Stevens is unavailable or is unable to prepare the portion of the reporter's record in question, whether another court reporter will be able to prepare the record if ordered to do so.
The record of the hearing, including any orders and findings of the trial judge, shall be certified and forwarded to this office on or before May 31, 2014.
IT IS SO ORDERED this 1 day of May, 2013.
PER CURIAM Before McClure, C.J., Rivera and Rodriguez, JJ.