NUMBER 13-17-00482-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
KENNETH NIOUS, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 28th District Court
of Nueces County, Texas.
ORDER OF ABATEMENT
Before Chief Justice Valdez and Justices Contreras and Benavides
Order Per Curiam
This cause is before the Court because the court reporter, Rebecca Rendon, has
failed to timely file the reporter’s record. The reporter’s record in this cause was originally
due to be filed on October 16, 2017. On December 4, 2017, the Court notified the
reporter that the record had not been filed and directed the reporter to file the record within
ten days. To date, the reporter’s record has not been filed.
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 his appeal. If it
is determined that appellant has not abandoned his appeal, the court shall further
determine if appellants’ 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 Texas Rules of
Appellate Procedure 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
12th day of January, 2018.
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