Opinion
04-24-00366-CV
12-12-2024
George Michael WELCH, Appellant v. Felix LOPEZ and Summerlyn Lopez, Appellees
From the 73rd Judicial District Court, Bexar County, Texas Trial Court No. 2023CI12509 Honorable Norma Gonzales, Judge Presiding
Sitting: Rebeca C. Martinez, Chief Justice Luz Elena D. Chapa, Justice Lori Massey Brissette, Justice
ORDER
LORI MASSEY BRISSETTE, JUSTICE
On May 24, 2024, Appellant timely appealed a trial court's ruling from May 21, 2024. The order was signed by the Honorable Norma Gonzales of the 131st District Court in Bexar County, and it, in part, denied Appellant's motion for contempt, which was heard concurrently with a trial that began on January 24, 2024.
The trial court's May 21, 2024 order identified Court Reporter Mary O. Berry as the reporter responsible for transcribing the January 2024 trial. Appellant copied Ms. Berry in his notice of appeal and identified her as the relevant reporter in his docketing statement, which he filed on May 31, 2024.
On July 1, 2024, Appellant filed his designation of reporter's record with the trial court, which identified both Mary O. Berry and Debbie Doolittle as relevant court reporters. Debbie Doolittle is the current court reporter assigned to the 131st district court for Bexar County, over which the Honorable Norma Gonzales presides.
On September 18, 2024, Ms. Doolittle requested additional time to file the reporter's record for the January 2024 trial. She successfully filed the record on September 25, 2024. This court then designated October 25, 2024, as the deadline for Appellant's brief. See Tex.R.App.P. 38.6(a)(2).
Appellant did not file a brief by October 25, 2024, and a clerk of this court reached out to him more than one time. Appellant did not mention an issue with the reporter's record.
On November 12, 2024, Appellant filed a motion for extension of time, stating that the reporter's record was incomplete. He requested that we extend the due date of his brief until thirty days after a supplemental reporter's record is filed.
Appellant noted in his motion that Appellee opposed his request.
We now note that Appellant's designation of reporter's record does in fact include designation of a hearing from July 2023. However, that hearing took place in the 73rd district court, to which Court Reporter Luis Duran is currently assigned. In Appellant's designation of reporter's record, Appellant indicated no other reporters besides Ms. Berry or Ms. Doolittle.
In Appellant's motion for extension of time, he states that his office contacted the relevant court reporter from the July 2023 hearing on July 1, 2024, and on September 9, 2024, but he does not name the court reporter. He states that he left a message with Bexar County Court Administrator's office on November 12, 2024, to ensure that he had the correct contact information. Appellant attached no copies of any correspondence with the reporter responsible for the July 2023 hearing.
Under the Texas Rules of Appellate Procedure, it was Appellant's duty to deliver the notice of appeal to each court reporter responsible for preparing the reporter's record at or before the time of the notice of appeal's filing. See Tex. R. App. P. 25.1(e). The record does not show that Appellant satisfied this duty.
Appellant was also responsible for including the contact information for each court reporter responsible for preparing the reporter's record in his docketing statement. See Tex. R App. P. 32.1(i). The record does not show that Appellant satisfied this duty.
Additionally, Appellant was responsible for submitting a written request to the relevant reporter at or before the time for perfecting the appeal that designated the portions of the proceedings to be included in a written request to the official. See Tex. R. App. P. 34.6(b). The record does not show that Appellant satisfied this duty.
Under Rule 34.6(b)(3), we will not refuse to file a supplemental reporter's record because of a failure to timely request it. See Tex. R App. P. 34.6(b)(3). We will accept supplementation after a party has written a letter to a court reporter asking them to prepare, certify, and file a supplemental reporter's record containing an omitted item. See Tex. R App. P. 34.6(d).
But it is this court's duty to ensure the record is timely filed. See Tex. R. App. P. 35.3(c). Therefore, we now ORDER Appellant to file within TEN DAYS of this order a copy of its letter to the court reporter responsible for filing the record from the July 2023 hearing. See id.
We hold Appellant's motion for extension of time in abeyance.