NO. 07-04-0349-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL D
SEPTEMBER 21, 2004
______________________________
AMERICAN HOME ASSURANCE COMPANY,
Appellant
v.
EDWARD VAUGHN,
Appellee
_________________________________
FROM THE 251st DISTRICT COURT OF RANDALL COUNTY;
NO. 52,395-C; HON. PATRICK A. PIRTLE, PRESIDING
_______________________________
ON ABATEMENT AND REMAND
_______________________________
Before QUINN, REAVIS and CAMPBELL, JJ.
American Home Assurance Company appeals from an order on appellee’s
application for attorney fees. The clerk’s record was filed on August 3, 2004. The
reporter’s record was due on September 2, 2004. On September 10, 2004, a letter was
sent to the court reporter requesting a reporter’s status. No response has been received,
though due by September 20, 2004.
Accordingly, we abate this appeal and remand the cause to the 251st District Court
of Randall County (trial court) for further proceedings. Upon remand, the trial court shall
immediately cause notice of a hearing to be given and, thereafter, conduct a hearing to
determine the following:
1. why the reporter’s record has not been filed;
2. when the reporter’s record can reasonably be filed in a manner that
does not have the practical effect of depriving the appellant of his right
to appeal or delaying the resolution of this appeal.
The trial court shall cause the hearing to be transcribed. So too shall it 1) execute
findings of fact and conclusions of law addressing the foregoing issues, 2) cause to be
developed a supplemental clerk’s record containing its findings of fact and conclusions of
law and all orders it may issue as a result of its hearing in this matter, and 3) cause to be
developed a reporter’s record transcribing the evidence and arguments presented at the
aforementioned hearing. Additionally, the district court shall then file the supplemental
record and reporter’s record transcribing the hearing with the clerk of this court on or before
October 20, 2004. Should further time be needed by the trial court to perform these tasks,
then same must be requested before October 20, 2004.
It is so ordered.
Per Curiam
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