# Fourth Court of Appeals

San Antonio, Texas

November 26, 2019

No. 04

- 19

- 00538

- CV

William Alec TISDALL, M.D. and William A. Tisdall, M.D., P.A. d/b/a Spine & Joint Pain Specialists

, Appellant s

v.

Thomas VAREBROOK and Rebecca Varebrook,

Appellee s

From the 37th Judicial District Court, Bexar County, Texas

Trial Court No. 2017

- CI

- 06007 Honorable Michael E. Mery, Judge Presiding



### O R D E R

Sitting: Luz Elena D. Chapa, Justice

Irene Rios, Justice Beth Watkins, Justice

The reporter’s record in this appeal was originally due September 9, 2019; however, the court has granted court reporter Amy L. Hinds extension s of time until November 8, 2019 to file

it. The court’s last order granting an extension, dated October 18, adv ised Hinds that the court would not grant a further extension of time unless she filed a timely notification that “(1) establishes there are extraordinary circumstances that prevent her from timely filing the record, (2) provides the court a status report showing the parts of the record that have been completed and a detailed breakdown of what remains to be done, and (3) provides the court reasonable assurance the record will be completed and filed by the requested extended deadline.” Hinds

was further adv ised that i f she were “unable to perform all her duties and complete the record in a timely manner, she must take whatever steps are necessary, including requesting a substitute reporter or hiring competent assistance, so that she may timely complete and f ile the record in this appeal.”

On November 14, 2019, Hinds filed a notification of late record, requesting a further

extension of time

. The notification did not satisfy any of the requirements of the court’s October 18, 2019 order

. We therefore held the requested extension of time in abeyance and ordered Hinds

to file a n amended notification that complie d with the October 18, 2019 order

. On November20, Hinds filed a n amended notice explaining the delay, stating the progress made in preparing

the record , and stating she expected the record to be completed by December 16, 2019.

We therefore grant the requested extension and order Amy L. Hinds to file the record by

December 31 , 2019 ( 113 days after the original due date). Hinds is advised that a request for a

further extension will be disfavored and if the record is not filed by the date ordered, the court may order her to appear and show cause why she should not be held in contempt.

Because “[t]he trial court must help ensure that the court reporter’s work is timely accomplished” and “[t]he trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed ,” we order the clerk of this court to serve a copy of this order on

the trial court. See T EX

. R. A P P

. P. 13.3, 35.3(c)

.

We order the clerk of this court to serve a copy of this order on Hinds by email

, first

class United States mail

, and certified mail, return receipt requested.

____ _____________________________ Luz Elena D. Chapa, Justice

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

court on this 26th day of November, 2019

.

___________________________________ MICHAEL A. CRUZ

, Clerk of Court