NUMBER 13-13-00633-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
GUADALUPE DE LEON ACUNA, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 389th District Court
of Hidalgo County, Texas.
ORDER OF ABATEMENT
Before Justices Rodriguez, Benavides, and Perkes
Order Per Curiam
This cause is before the Court on appellant's fourth motion for extension of time to
file the brief. Appellant’s brief was originally due to be filed on February 26, 2014, and
this Court has previously granted appellant three extensions for the filing of appellant’s
brief in this cause. Appellant has filed his fourth motion requesting additional time to file
the appellate brief in this cause because the appellate record is incomplete. Counsel
states there are meritorious issues involving collateral estoppel which require the review
of a transcript of the preceding trial which has not been filed.
This situation requires us to effectuate our responsibility to avoid further delay and
to preserve the parties’ rights. See id. R. 37.3(a)(2). Accordingly, this appeal is
ABATED and the cause REMANDED to the trial court.
The court shall determine if the reporter’s record, or any part thereof, has been lost
or destroyed, and shall make appropriate findings under Tex. R. App. P. 34.6(f), if
necessary. Otherwise, the court shall determine what steps are necessary to ensure the
prompt preparation of a reporter's record, and shall enter any orders required to avoid
further delay and to preserve the parties’ rights.
The trial court shall prepare and file its findings and orders and cause them to be
included in a supplemental clerk's record which should be submitted to the Clerk of this
Court within thirty days from the date of this order.
IT IS SO ORDERED.
PER CURIAM
Do not publish.
Tex. R. App. P. 47.2(b).
Delivered and filed the
4th day of November, 2014.
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