Opinion
13-24-00336-CV
07-31-2024
DAVID WHITE, Appellant, v. GERARDO GERRY LOZANO, Appellee.
ON APPEAL FROM THE 430TH DISTRICT COURT OF HIDALGO COUNTY, TEXAS
ORDER PER CURIAM
PER CURIAM
On June 24, 2024, appellant David White filed a notice of appeal of an election contest order entered by the 430th District Court of Hidalgo County, Texas, in cause number C-5296-23-J. See Tex. Elec. Code Ann. § 231.009; see also Tex. R. App. P. 26.1(b). On May 31, 2024, the order declaring appellee Gerardo Gerry Lozano winner of City Commissioner Place 4 of the City of Edinburg, Texas was signed, following a bench trial.
On July 18, 2024, the Clerk of the Court sent a notice to the court reporter that the reporter's record was due and that the case is governed by the rules of accelerated appeals. See Tex. R. App. P. 37.3(a)(1). Accordingly, the reporter's record was due by July 28, 2024, ten days after the notice of appeal was filed. See id. R. 35.1(b), 26.1(b).
On July 19, 2024, the court reporter, Yvette Araiza, requested, and this Court granted, an extension of time to file the reporter's record to July 29, 2024. See id. R. 28.4(b)(2), 35.3(c). On July 29, 2024, the court reporter filed another request for extension of time to file the reporter's record to August 2, 2024.
Appeals in election contest cases are governed by the rules of appellate procedure for accelerated appeals and include additional expedited deadlines and procedures. See Tex. Elec. Code Ann. § 231.009; Tex.R.App.P. 28.1; Tex. R. Jud. Admin. 6.2(a), reprinted in Tex. Gov't Code Ann., tit.2, subtit. F app. This Court is tasked with "ensuring the appellate record is timely filed" and "may enter any order necessary to ensure the timely filing of the appellate record." See Tex. R. App. P. 35.3(c). As such, court reporter Yvette Araiza is ORDERED to file the reporter's record with this Court no later than August 2, 2024. See id. Further delay is highly disfavored, and this Court may enter further orders to ensure the reporter's record is timely filed.