From Casetext: Smarter Legal Research

Ruiz v. Norris

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Jun 5, 2017
NUMBER 13-17-00032-CV (Tex. App. Jun. 5, 2017)

Opinion

NUMBER 13-17-00032-CV

06-05-2017

RACHEL SARAH RUIZ, Appellant, v. LARRY DELL NORRIS, Appellee.


On appeal from the 261st District Court of Travis County, Texas.

ORDER OF ABATEMENT

Before Justices Contreras, Benavides, and Longoria
Order Per Curiam

This cause is before the Court because the court reporter, Leah Hayes, has failed to timely file the reporter's record. The reporter's record in this cause was originally due to be filed on February 13, 2017. A partial reporter's record has been filed by court reporters Shana Wise, Dora Canizales, and Della M. Duett.

This case is before the Court on transfer from the Third Court of Appeals in Austin pursuant to a docket equalization order issued by the Supreme Court of Texas. See Tex. Gov't Code Ann. § 73.001 (West, Westlaw through 2015 R.S.).

On April 24, 2017, this Court ordered court reporter Leah Hayes to file the reporter's record in this cause within 30 days. This Court found that the signed notice from court reporter Leah Hayes that she had not completed the record in this case "due to the record not being paid for by [appellant]" was not a proper challenge to appellant's claim of inability to afford costs under Texas Rule of Civil Procedure 145. Nevertheless, Ms. Hayes has not filed a reporter's record.

This sequence of events requires us to effectuate our responsibility to avoid further delay and to preserve the parties' rights. See TEX. R. APP. P. 37.3(a)(1). Accordingly, this appeal is ABATED and the cause REMANDED to the trial court.

The trial court shall make appropriate findings under Texas Rules of Appellate Procedure 34.6(f) and 35.3, if necessary. Otherwise, the court shall determine what steps are necessary to ensure the prompt preparation of a reporter's record by Leah Hayes, and shall enter any orders required to avoid further delay and to preserve the parties' rights.

The trial court shall prepare and file its findings and orders and cause them to be included in a supplemental clerk's record which should be submitted to the Clerk of this Court within thirty days from the date of this order.

IT IS SO ORDERED.

PER CURIAM Delivered and filed the 5th day of June, 2017.


Summaries of

Ruiz v. Norris

COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG
Jun 5, 2017
NUMBER 13-17-00032-CV (Tex. App. Jun. 5, 2017)
Case details for

Ruiz v. Norris

Case Details

Full title:RACHEL SARAH RUIZ, Appellant, v. LARRY DELL NORRIS, Appellee.

Court:COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

Date published: Jun 5, 2017

Citations

NUMBER 13-17-00032-CV (Tex. App. Jun. 5, 2017)