Opinion
No. 06-04-00086-CV
March 9, 2005.
On Appeal from the 62nd Judicial District Court, Hopkins County, Texas, Trial Court No. CV33626.
Before MORRISS, C.J., ROSS and CARTER, JJ.
ORDER
USA Truck, Inc., and Donald Ray Jones, Sr., appeal from a judgment rendered against them in a wrongful death lawsuit arising from an automobile accident. The judgment was signed April 13, 2004, and a timely motion for new trial was filed thirty days later. The record was therefore due to be filed no later than August 11, 2004. The clerk's record was filed August 12, 2004. On August 10, 2004, Anna McDowra, the official court reporter, requested additional time to prepare the reporter's record, stating that her portion was complete and that she was awaiting the substitute court reporter's volumes for the week that McDowra was not at trial. We granted a thirty-day extension to September 13, 2004. On September 10, McDowra repeated her request, stating the same reason, and we granted a twenty-one-day extension to October 4, 2004. On October 4, she again asked for an extension, stating again that the substitute court reporter had not completed her portion of the record. We extended the due date to October 29, 2004, and informed her that no more requests for extension would be looked on with favor.
This Court has joint responsibility with the trial court to ensure that an appellate record is timely filed. TEX. R. APP. P. 35.3(c). Our clerk's office has repeatedly contacted the court reporter, Anna McDowra, by telephone; numerous times she has assured us that the record will be here "next week."
Recently, McDowra advised this Court that the substitute court reporter has given her the remainder of the record, for which she had been waiting. Despite the now ostensibly completed record, McDowra has continued her failure to file the record with this Court.
The reporter's record is now over six months past due. In accordance with Rule 37.3(a)(2) of the Texas Rules of Appellate Procedure, because the record has not been timely filed, the matter has now been referred to the Court. See TEX. R. APP. P. 37.3(a)(2).
We order Anna McDowra, court reporter for the 62nd Judicial District Court of Hopkins County, Texas, to prepare and file the record in this case, USA Truck, Inc., and Donald Ray Jones, Sr. v. Patricia West, Individually and on behalf of and as Legal Heir of the Estate of Nathan Gary Condor, Deceased, cause number 06-04-00086-CV. The record must be filed with this Court on or before March 21, 2005. If the completed record is not filed in accordance with this order, McDowra may be ordered to show cause why she should not be held in contempt for failing to obey the orders of this Court.
IT IS SO ORDERED.