NUMBER 13-13-00254-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
ORION MARINE CONSTRUCTION,
INC. F/K/A KING FISHER MARINE
SERVICE, L. P., Appellant,
v.
HECTOR DE LEON, Appellee.
On appeal from the 275th District Court
of Hidalgo County, Texas.
ORDER OF ABATEMENT
Before Chief Justice Valdez and Justices Benavides and Longoria
Order Per Curiam
This cause is before the Court because the court reporter, Dahlia Robledo, has
failed to timely file the reporter’s record. The reporter’s record in this cause was
originally due to be filed on June 11, 2013, but payment was not made until August 2013.
The reporter has previously requested and received two prior extensions of time to file the
record, granting the reporter until December 18, 2013 to file the record. On January 24,
2014, Ms. Robledo filed a request for a third extension until February 28, 2014.
Ms. Robledo has notified the Court that she has an illness in the family.
Appellants have notified the Court that they desire for the record to be completed so that
they can pursue their appeal as quickly and expeditiously as possible.
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 trial 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
Delivered and filed the
28th day of January, 2014.
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