NUMBER 13-17-00523-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
MARIA AREVALOS, Appellant,
v.
RAUL R. ALVAREZ, Appellee.
On appeal from the County Court at Law No. 4
of Hidalgo County, Texas.
ORDER ABATING APPEAL
Before Chief Justice Contreras and Justices Longoria and Tijerina
Order Per Curiam
In this cause before the Court, the court reporter, Maria Amador, has failed to
timely file the reporter’s record. The reporter’s record was due to be filed on December
21, 2017. On September 13, 2018, the Court notified Amador that the reporter’s record
was late and directed her to file the record within ten days. Amador responded to our
letter on October 19, 2018 stating that she would be filing a request for an extension to
file the record. However, Amador did not do so. We abated this appeal and remanded to
the trial court with instructions for the trial court to conduct a hearing to determine what
steps were necessary to ensure the prompt preparation of a reporter’s record in this
cause. The trial court scheduled a hearing on December 3, 2018. Amador did not appear
for this hearing. The trial court determined that it could not proceed and decided to take
no action at that time, and we reinstated the cause.
On April 4, 2019, we abated the cause and remanded it to the trial court again
stating that the trial court “shall immediately cause notice to be given and conduct a
hearing to determine why the reporter’s record has not been prepared and filed . . . . [and]
further 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.” We stated that “[t]he trial court shall make appropriate findings under
Texas Rules of Appellate Procedure 34.6(f) and 35.3, if necessary. See Tex. R. App. P.
34.6(f), 35.3.” with instructions for the trial court to “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.”
The trial court held that hearing and concluded that the appellant, Maria Arevalos,
filed a pauper’s affidavit and that the court reporter had not filed an objection to Arevalos’s
pauper’s affidavit. Thus, Arevalos is not required to pay for the reporter’s record as she
is indigent. On May 9, 2019, the trial court ordered the court reporter in this case to
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prepare and file the reporter’s record with our Court by May 24, 2019. The court reporter
failed to comply with the trial court’s order.
Subsequently, the case was reinstated, and we issued an order on June 10, 2019,
stating the following:
The Court, having fully examined the court reporter’s actions, is of the
opinion that, in the interest of justice, an order should be entered. The Court
looks with disfavor upon the delay caused by the reporter’s failure to have
heretofore filed the record in this matter.
Reporter, Maria Amador, is hereby ORDERED to file the reporter’s record
in this Court no later than 5:00 p.m. on June 14, 2019. NO FURTHER
REQUESTS FOR EXTENSION OF TIME WILL BE ENTERTAINED BY
THE COURT. Failure of the reporter to file the record by the date and time
herein set forth shall result in the issuance of an order to show cause.
The Clerk of this Court is ORDERED to serve a copy of this order on Maria
Amador by certified mail, return receipt requested.
Amador has not complied with this order.
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.
In accordance with Texas Rule of Appellate Procedure 34.6(f)(4), the trial court is
directed to conduct a hearing to determine if: (1) the appellant has timely requested a
reporter’s record; (2) without the appellant’s fault, a significant exhibit or a significant
portion of the court reporter’s notes and records has been lost or destroyed or—if the
proceedings were electronically recorded—a significant portion of the recording has been
lost or destroyed or is inaudible; (3) if the lost, destroyed, or inaudible portion of the
reporter’s record, or the lost and destroyed exhibit, is necessary to the appeal’s resolution;
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and (4) the lost, destroyed, or inaudible portion of the reporter’s record cannot be replaced
by agreement of the parties, or the lost or destroyed exhibit cannot be replaced either by
agreement of the parties or with a copy determined by the trial court to accurately
duplicate with reasonable certainty the original exhibit. See TEX. R. APP. P. 34.6(f).
The trial court is directed to forward the record of the proceedings, including any
orders and findings, to this Court within thirty (30) days of the date of this order, or to
notify this Court within such period indicating a date by which the trial court can comply.
PER CURIAM
Delivered and filed on
the 29th day of March, 2021.
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