Opinion
04-23-00836-CV
12-11-2023
Maryvel SUDAY and The Estate of Olga Tamez de Suday, Appellants v. Jesus Lozano SUDAY, Appellee
From the County Court at Law, Val Verde County, Texas Trial Court No. 3625CCL The Honorable Stephen B. Ables, Judge Presiding.
ORDER
Rebeca C. Martinez, Chief Justice.
On October 9, 2023, this court notified Jo Ann Cervantes, the trial court clerk responsible for preparing, certifying, and timely filing the clerk's record in this appeal, that the clerk's record was late. See Tex. R. App. P. 35.1, 35.3. Ms. Cervantes was instructed to file a Notification of Late Record explaining the delay within ten days, or to file the clerk's record within thirty days. Neither a Notification of Late Record nor the record has been filed in this court to date. On November 20, 21, and 28, a deputy clerk of this court sent Ms. Cervantes emails further reminding her of the late record.
It is therefore ORDERED that Ms. Cervantes file the clerk's record in this court no later than December 18, 2023. If the clerk's record is not received by that date, an order may be issued directing Ms. Cervantes to appear before this court to show cause why she should not be held in contempt for failing to file the record. The clerk of this court shall cause a copy of this order to be served on Ms. Cervantes by certified mail, return receipt requested, and by United States mail. Because the trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed, the clerk of this court shall also cause a copy of this order to be served upon the trial court. See Tex. R. App. P. 35.3(c).