NUMBER 13-19-00499-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI - EDINBURG
ANDREW CONTRERAS AND
MARTHA ANN CONTRERAS, Appellants,
v.
DREAM HOME RENOVATORS, LLC, Appellee.
On appeal from County Court at Law
No. 10 of Bexar County, Texas.
ORDER OF ABATEMENT
Before Justices Benavides, Hinojosa, and Tijerina
Order Per Curiam
This cause is before the Court due to appellants failure to arrange with the trial
court reporter to timely file the reporter’s record. The reporter’s record in this cause was
originally due to be filed on October 29, 2019. This Court notified appellants of the
untimely record, by letter on December 4, 2019. Additionally, appellants have failed to
timely file a docketing statement.
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 appellants have abandoned their appeal. If
it is determined that appellants have not abandoned his appeal, the court shall further
determine if appellants’ attorney of record continues to represent appellants 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 the
20th day of February, 2020.
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