Opinion
08-23-00289-CV
05-09-2024
IN RE: MICAH GENTRY, A CONTEMPTS PROCEEDING ANCILLARY TO v. ANNA M. MARROQUIN AND JOSE L. MARROQUIN/MARIA RAMOS, Appellees/Cross Appellants. MARIA RAMOS/ANNA M. MARROQUIN AND JOSE L. MARROQUIN, Appellant/Cross Appellee,
Appeal from the 38th District Court of Uvalde County, Texas (TC#2019-10-33032-CV)
ORDER TO SHOW CAUSE
JEFF ALLEY, CHIEF JUSTICE
The Court of Appeals for the Eighth District of Texas issues the following order to show cause as to why Micah Gentry should not be held in civil contempt. Our records show that Micah Gentry has not timely filed reporter's records in this pending appeal in accordance with this Court's previous orders, to wit:
I.
The reporter's record in this appeal was originally due on October 10, 2023. On October 29, 2023, reporter Richard Gentry filed a notice of late record in this cause, indicating that he did not take the whole record, only a pre-trial hearing. In response, the Fourth Court of Appeals entered an order requiring Appellant to file written proof by November 13, 2023 that the record had been requested and payment made to any reporter involved in the cause below. Before that deadline lapsed, the cause was transferred to this Court.
On November 13, 2023, Appellant filed a motion in this Court requesting additional time to file her appellate brief. Her motion requested additional time to confirm whether Micah Gentry was the correct reporter in this cause. The Court granted the request, but on December 12, 2023, Appellant filed a second motion for extension of time and an amended notice of appeal naming Micah Gentry as the reporter for this cause. The motion for extension stated that Appellant had attempted to contact Micah Gentry by email on multiple occasions and offered to pay for the record as early as November 13, 2023. The Court granted Appellant's motion.
The cause was then abated for mediation, which was unsuccessful. Upon reinstatement, this Court set a briefing schedule, and Appellant filed her brief on March 20, 2024. The brief did not contain citations to the reporter's record. Instead, it included a statement that Appellant had tendered payment to Micah Gentry, but the record was never produced. Appellant requested that this Court allow her to amend her brief-should the record be filed.
This Court made multiple attempts to contact Micah Gentry to no avail before eventually abating this case for a hearing in the trial court to resolve the issues of whether Micah Gentry had accepted payment for the record and when he intended to file the record in this Court. After the hearing, the trial court made findings that Micah Gentry would file the record in this Court by Monday April 29, 2024. This Court did not receive the record on that day.
With no record filed, the Clerk of this Court contacted Micah Gentry by phone and was advised that he intended to file the record by Friday May 3, 2023. He further represented to the Clerk of this Court that May 3-not April 29-was the date he told the trial court that he would file the reporter's record. As of the date of this Order, no record has been filed.
II.
Based on the aforementioned facts, we ORDER Micah Gentry to appear for a hearing via teleconference through Zoom before the Eighth Court of Appeals on Wednesday May 15, 2024, at 2:00 p.m. MST before a panel consisting of Chief Justice Alley, Justice Palafox, and Justice Soto to show cause why he should not be held in civil contempt and have sanctions imposed for his failure to file the reporter's record in this cause. The link for the Zoom hearing is as follows: https://txcourts.zoom.us/i/81299945796
III.
This order does not affect Micah Gentry's continued duty to prepare, certify, and file the record in the present case and he is ORDERED to do so immediately. This order to show cause will be withdrawn and Micah Gentry will be relieved of his obligation to appear before this Court as ordered if the Clerk of this Court receives the reporter's record before May 13,2024, 5:00 p.m. MST.
IV.
Pursuant to Texas Government Code § 21.002(b), this Court may find Micah Gentry in contempt of court for failure to appear or failure to file the reporter's record in this cause by the above date and time. The punishment for contempt is a fine of not more than $500. Tex. Gov't Code Ann. §21.002(b).
Additionally, this Court may choose to file a complaint detailing Micah Gentry's failure to timely file a reporter's record in this cause with the Judicial Branch Certification Commission, the licensing agency for court reporters in the state of Texas. Filing the record by the above deadline does not guarantee that the Court will not file a complaint with the Judicial Branch Certification Commission, and the Court therefore encourages Micah Gentry to file an explanation for his conduct.
V.
The proceedings in Cause No. 08-23-00289-CV will remain abated pending the resolution of this contempt action.
IT IS SO ORDERED.