NUMBER 13-12-00133-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
JOSEPH BURT AND
MARCO PIZANA, Appellants,
v.
ANNETTE CERDA AND
BELIA CERDA, Appellees.
On appeal from the 275th District Court
of Hidalgo County, Texas.
ORDER ABATING APPEAL
Before Justices Garza, Benavides, and Perkes
Order Per Curiam
This cause is before the Court because the court reporter has failed to timely file
the reporter’s record. The reporter’s record in this cause was originally due to be filed
on April 7, 2012. On May 9, 2013, this Court abated and remanded the case to the trial
court because the record had not been filed. The trial court made findings that the delay
in preparation of the record was due to circumstances beyond the control of the parties,
the court, or the court reporter.
This Court directed the reporter to file the record on or before October 18, 2013.
The reporter requested an extension of time to file the record which was granted by the
Court. When the record was not filed, the Court entered an order for the record to be
filed on or before March 14, 2014. The order stated that no further motions for extension
of time would be entertained by the Court. On March 29, 2014, the reporter filed a partial
reporter’s record consisting of six volumes. The master index indicates that the exhibits
are contained in volumes seven through nine. The exhibit volumes have not been filed.
Accordingly, the Court once again ABATES and REMANDS this cause to the trial
court for further consideration. The trial court shall make appropriate findings under
Texas Rules of Appellate Procedure 34.6(f) and 35.3, if necessary. Otherwise, the court
shall determine what steps are necessary to ensure the prompt preparation of a complete
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
Delivered and filed the
15th day of May, 2014.
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