NUMBER 13-13-00471-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
DANIEL ZALMAN, APPELLANT,
V.
THE STATE OF TEXAS, APPELLEE.
On appeal from the County Court
of Wharton County, Texas.
ORDER OF ABATEMENT
Before Justices Rodriguez, Garza, and Perkes
Order Per Curiam
This cause is before the Court because the court reporter, Wendy J. Lege, has
failed to timely file the reporter’s record. On September 16, 2013, Ms. Lege was notified
that the reporter’s record was due on September 3, 2013. To date, Ms. Lege has not
filed the reporter’s record and this Court has been notified that she cannot be located.
This sequence of events requires us to effectuate our responsibility to avoid further
delay and to preserve the parties’ rights. See TEX. R. APP. P. 37.3(a)(1). Accordingly,
this appeal is ABATED and the cause REMANDED to the trial court.
Upon remand, the judge of the trial court shall immediately cause notice to be given
and conduct a hearing to determine whether appellant has abandoned his appeal. If it
is determined that appellant has not abandoned his appeal, the court shall further
determine if appellant’s attorney of record continues to represent appellant and will
diligently pursue this appeal.
The court shall further 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
Delivered and filed this the
26th day of February, 2014.
2
Daniel Zalman v. State
Combined Opinion