NUMBER 13-16-00173-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
THE STATE OF TEXAS, Appellant,
v.
LUBY'S FUDDRUCKERS
RESTAURANTS, LLC, Appellee.
On appeal from the County Civil Court at Law No. 4
of Harris County, Texas.
ORDER OF ABATEMENT
Before Justices Rodriguez, Benavides, and Perkes
Order Per Curiam
This cause is before the Court because the court reporter, Patricia Palmer, has
failed to timely file the reporter’s record.1 On May 9, 2016, the Court received a letter
1This case is before the Court on transfer from the First Court of Appeals in Houston pursuant to
a docket equalization order issued by the Supreme Court of Texas. See TEX. GOV'T CODE ANN. § 73.001
(West, Westlaw through 2015 R.S.).
indicating payment arrangements had been made for the reporter’s record. The reporter
has previously requested and received two prior extensions of time to file the record,
granting the reporter until July 27, 2016 to file the record. The reporter was notified that
further extensions would be not granted absent exigent circumstances. To date, Palmer
has not filed the reporter’s record.
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)(2). 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 its appeal. If it is
determined that appellant has not abandoned its 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.
2
IT IS SO ORDERED.
PER CURIAM
Delivered and filed the
16th day of August, 2016.
3
State v. Luby's Fuddruckers Restaurants, LLC
Combined Opinion