Opinion
NO. 14-13-00901-CV
05-13-2014
BARBARA ULMER, Appellant v. DEREK ANTHONY JENKINS, SR., Appellee
On Appeal from the 309th District Court
Harris County, Texas
Trial Court Cause No. 2012-44247
ABATEMENT ORDER
The reporter's record was filed in two volumes on October 23, 2013, and November 18, 2013. On December 5, 2013, appellant notified this court that she had requested supplementation of the reporter's record with exhibits admitted at trial on May 10, 2013. See Tex. R. App. P. 34.6(d). The trial proceedings on May 10, 2013, were reported by Toyloria Lanay Hunter, deputy official court reporter.
On February 27, 2014, this court ordered Toyloria Lanay Hunter, deputy court reporter, to file a supplemental reporter's record on or before March 14, 2014, containing the following:
1. Plaintiff's Exhibit 1, an iPad recording;
2. Respondent's Exhibit 15, Protective Order;
3. Respondent's Exhibit 17, Picture of Horse Head;
4. Respondent's Exhibit 18, Photo of Anthony Jenkins;
5. Respondent's Exhibit 19, Cert. of Class Completion; and
6. Respondent's Exhibit 20, E-mail.
When the supplemental reporter's record was not filed as ordered, on April 2, 2014, this court issued an order directing Toyloria Lanay Hunter to file the supplemental record within 30 days. To date, the supplemental reporter's record containing the exhibits has not been filed. Accordingly, we issue the following order:
We direct the judge of the 309th District Court to conduct a hearing at which the court reporter, appellant's counsel, and appellee's counsel shall participate to (a) determine the reason for failure to file the supplemental record; (b) establish a date certain when the supplemental reporter's record will be filed, and (c) make findings as to whether the court reporter should be held in contempt of court for failing to file the reporter's record timely as ordered. We order the court to prepare a record, in the form of a reporter's record, of the hearing. The judge shall make findings of fact and conclusions of law, and shall order the trial clerk to forward to this court a supplemental clerk's record containing the findings and conclusions. The hearing record and supplemental clerk's record shall be filed with the clerk of this court within 30 days of the date of this order.
The appeal is abated, treated as a closed case, and removed from this court's active docket. The appeal will be reinstated on this court's active docket when the trial court's findings and recommendations are filed in this court. The court will also consider an appropriate motion to reinstate the appeal filed by either party, or the court may reinstate the appeal on its own motion. If the court reporter files the record prior to the date set for the hearing, the appeal will be reinstated and the trial court need not hold a hearing.
PER CURIAM