Opinion
Appellate case number: 01-20-00553-CV
09-24-2020
Rescue Concepts, Inc. a/k/a Rescue Concepts, LLC v. The HouReal Corporation
ORDER Trial court case number: 2014-71749 Trial court: 270th District Court of Harris County
On August 21, 2020, an electronic reporter's record was filed with the Clerk of this Court. On August 28, 2020, an "Information Sheet by Court Reporter" was filed. The information sheet was completed by Cornita McDaniel, who states that she is "a court recorder NOT a court reporter." The information sheet indicates that appellant, Rescue Concepts, Inc. a/k/a Rescue Concepts, LLC, has requested a reporter's record be prepared.
On September 10, 2020, a supplemental record was filed by court recorder McDaniel. The supplemental record includes a "Log of Electronically Recorded Proceedings," as is required by the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 13.2(b), 34.6(a)(2). However, neither the August 21, 2020 record, nor the September 10, supplemental record includes certification pages as required by the rules or the Uniform Format Manual for Texas Reporters' Records. See id.; see also Uniform Format Manual for Texas Reporters' Records, §§ 3.3(b), 8.11. Thus, the reporter's record is not yet complete.
Accordingly, McDaniel, the court recorder for the 270th District Court, is ordered to supplement the reporter's record to include all necessary certification pages as required by the Texas Rules of Appellate Procedure and the Uniform Format Manual for Texas Reporters' Records. This supplemental record is due within fifteen days of the date of this order.
On September 18, 2020, appellant filed an "Unopposed Motion . . . to Abate Appeal and Determine Reporter's Record," requesting that the Court abate this appeal because of several perceived errors with the record submitted by court recorder McDaniel. In the alternative, appellant requests an extension of the deadline to file its appellant's brief.
Appellant's motion is denied. Because the reporter's record is not complete, appellant's brief is not yet due. Appellant's brief will be due thirty days after the supplemental record, containing the necessary certification pages, is filed by the court recorder for the 270th District Court. See TEX. R. APP. P. 38.6(a).
Appellant's motion further indicates that the parties have "conferred and are uncertain as to how this Court wants the parties to cite to the electronic recordings." We refer the parties to Texas Rule of Appellate Procedure 38.5. See TEX. R. APP. P. 38.5; In the Interest of K.S.E and M.G.E., No. 04-02-00319-CV, 2003 WL 21269585, at *1 (Tex. App.—San Antonio June 4, 2003, no pet.) (where proceedings electronically recorded, "the responsibility for obtaining and filing an 'appendix containing a transcript of all portions of the recording that [the party] considers relevant to the appellate issues or points'" is the party's).
It is so ORDERED. Judge's signature: /s/ Evelyn V. Keyes
[v] Acting individually [ ] Acting for the Court Date: September 24, 2020