# Fourth Court of Appeals

San Antonio, Texas

April 9, 2019

No. 04

- 18

- 00103

- CV

WESTWIND HOMES d/b/a Westwind Development, G.P.

- Laredo, LLC, and Centerpoint Energy Resources Corp

, Appellant s

v.

Fernando RAMIREZ and Minerva Ramirez,

Appellee s

From the 406th Judicial District Court, Webb County, Texas

Trial Court No. 2015CVT003262

- D4 Honorable Oscar J. Hale, J r., Judge Presiding



### O R D E R

The notice of appeal was filed in this appeal on February 21, 2018. Accordingly, t his appeal has been pending on this court’s docket for over a year.

The reporter’s record was originally due to be filed in this appeal on April 4, 2018. On May 15, 2018, the appeal was abated for mediation. At the time of the abatement, the reporter’s

record had not been filed. On July 5, 2018, this court issued an order reinstating the appeal on
the court’s docket and orde ring the reporter ’ s record to be filed by August 6, 2018.

On August 22, 2018, this court notified the court reporter Mr. David Laurel that the record was late, and Mr. Laurel was instructed to file the record by September 22, 2018. On October 12, 2018, M r. Laurel filed a written request for an extension which was granted, extending the deadline to file the record to November 1, 2018. After numerous additional

tele phone inquiries by this court, Mr. Laurel filed a twenty

- nine volume reporter’s record on

De cember 28, 2018.

On March 6, 2019, the attorneys for both appellants filed an unopposed motion to reset the briefing deadlines based on the absence of a complete reporter’s record. The motion assert ed the reporter’s record does not contain : (1) transcri pts of any pre

- trial and post

- trial hearings which were included in the original request and in a request for supplemental reporter’s records of those hearings which was sent to Mr. Laurel on January 9, 2019 ; or (2) the transcription of the testimony of se ven witnesses who testified by deposition , and letters were sent to Mr. Laurel requesting a corrected or supplemental reporter’s record with the omitted deposition testimony.T he motion also assert ed Mr. Laurel failed to respond to any requests for the su pplemental

records and requested this court to reset the briefing deadlines and direct Mr. Laurel to promptly file the missing reporter’s records.

By order dated March 7, 2019, Mr. Laurel was ordered to file a written response in this court by March 17, 2019, listing the reporter’s records that have been requested but have not been filed, including the volumes relating to the omitted deposition testimony, and stating the date by which those missing records will be filed. When Mr. Laurel failed to timely respond to this court’s order, the clerk of this court contacted Mr. Laurel by telephone

, explained that Mr.

Laurel had missed the deadline for filing the written response , and detailed the nature of the response the court had ordered . Mr. Laurel represen ted that he would file the written response by March 27, 2019.

On March 27, 2019, Mr. Laurel filed a notification of late record ; however, the

notification did not comply with the court’s order because i t fail ed to list the reporter’s records

that ha d been requested but ha d not been filed, including the volumes relating to the omitted deposition testimony. By order dated March 29, 2019, Mr. Laurel was ordered to file a written

response containing the information required by this court’s order no later than April 3, 2019.

On April 3, 2019, Mr. Laurel filed a response listing reporter’s records from the following hearings as pending: (1) August 29, 2016; (2) June 27, 2017; (3) September 18, 2017; (4) October 2, 2017; (5) December 5, 2017; and (6) Feb ruary 5, 2018. Mr. Laurel further states, “There is also an outstanding balance still owed for the 29 volumes filed on 12/28/18,” which appears to be a reference to the volumes in which the transcription of the deposition testimony

was omitted. Mr. Laure l’s notification state d he anticipated the record would be completed by April 8, 2019; however, the pending volumes were not filed on April 8, 2019.

It is therefore ORDERED that Mr. Laurel file the pending volumes of the reporter’s record listed in his Ap ril 3, 2019 response , including the transcriptions of the deposition testimony omitted from the previously filed 29 volumes
, no later than April 22 , 2019. If Mr. Laurel fails to comply with this order, Mr. Laurel will be ordered to appear and show

cause w hy he should not be held in contempt for failing to comply with this court’s order

. The clerk of this court shall cause a copy of this order to be served on Mr. Laurel by certified mail, return receipt requested, or give other personal notice of this orde r with proof of delivery. Because “[t]he trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed,” T EX

. R. A PP

. P . 35.3(c), the clerk of the court is directed to serve a copy

of this order on the Honorable Oscar J. Hale, Jr. , Judge of the 406th Judicial District Court.

It is FURTHER ORDERED that the attorneys for the appellants and the appellees file a written response in this court no later than April 15, 2019, stating whether any portions of the
reporter ’s record are pending other than the portions listed in Mr. Laurel’s April 3, 2019

re s ponse.

_________________________________ Rebeca C. Martinez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 9th day of April, 2019

.

___________________________________ KEITH E. HOTTLE

, Clerk of Court