Summary
The Fourteenth Court of Appeals ordered the substitute court reporter to file the overdue reporter’s record within 30 days. The court stated that no further extension would be entertained absent exceptional circumstances and warned that failure to comply could result in a hearing in the trial court.
Topics
Practice areas
Questions Presented
- What action should the appellate court take when the reporter's record has not been timely filed despite a prior order directing its filing?
Holdings
- The trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed, and when the reporter's record remains overdue, the appellate court may order the substitute court reporter to file it by a specified deadline.
Key quotations
“The trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed.”
Factual background
The reporter's record in the appeal was due on July 14, 2014, but had not been filed by the date of the order. The court had previously ordered the court reporter to file the record within 30 days, yet the record remained outstanding. The appellate court identified Edna Thornton as the substitute court reporter and directed her to file the record within 30 days.
Procedural history
The appeal was taken from the 185th District Court of Harris County, Texas, in trial court cause number 1384434. The reporter's record was due July 14, 2014; after the court ordered the court reporter on July 17, 2014, to file the record within 30 days, the record still had not been filed. The appellate court ordered substitute court reporter Edna Thornton to file the record within 30 days and warned that failure to comply could result in a hearing in the trial court.