NO. 07-08-0279-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL B
JANUARY 12, 2009
______________________________
TEXAS MUTUAL INSURANCE COMPANY,
Appellant
V.
GOETZ INSURORS, INC. AND
GOETZ INSURORS, INC., AS ASSIGNEE
OF THE CLAIMS OF CATTLECO, INC.,
Appellees
______________________________
FROM THE 64th DISTRICT COURT OF SWISHER COUNTY;
NO. A-10810-05-11; HON. ROBERT W. KINKAID, JR., PRESIDING
_______________________________
ON ABATEMENT AND REMAND
_______________________________
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
Appellant Texas Mutual Insurance Company appeals from the final judgment of the
trial court. On August 11, 2008, the clerk’s record was filed. The reporter’s record was due
on October 15, 2008. No extension motion or reporter’s record was filed. On October 22,
2008, this court directed the court reporter by letter “to advise the Court of the status of the
reporter’s record on or before November 3, 2008." In response, the Court received a
motion for extension of time to file the record, which was granted to November 14, 2008.
No extension motion or record was filed by that date. On December 1, 2008, the Court
again notified the reporter that the record had not been filed and the reporter was asked
to provide the status of the record by December 10, 2008. On December 10, 2008, the
reporter filed her second extension motion requesting until January 12, 2009, to file the
record, which was granted. On January 5, 2009, this Court received the court reporter’s
third extension request asking for an additional thirty days to file the record.
Accordingly, we abate this appeal and remand the cause to the 64th District Court
of Swisher 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:
when the reporter’s record can reasonably be transcribed into
written form and filed in a manner that does not further delay
the prosecution of this appeal or have the practical effect of
depriving the appellant of their right to 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, if any. Additionally, the district court shall then file the
supplemental clerk’s and reporter’s records transcribing the hearing with the clerk of this
court on or before February 11, 2009. Should further time be needed by the trial court to
perform these tasks, then same must be requested before February 11, 2009.
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It is so ordered.
Per Curiam
Do not publish.
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