Abatement Order filed October 9, 2014.

In The

Fourteenth Court of Appeals

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NO. 14-14-00169-CV

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KYLE TAUCH, TRANQUILITY APARTMENTS GENERAL 

CORPORATION AND TRANQUILITY APARTMENTS LTD., Appellant

V.

JOEL R. SCOTT, Appellee

On Appeal from the 80th District Court

Harris County, Texas

Trial Court Cause No. 2011-21305

ABATEMENT ORDER

The reporter’s record in this case was due March 25, 2014. See Tex. R. 

App. P. 35.1. The record was not filed. On April 8, 2014, this court ordered the 

court reporter, Michelle Tucker, to file the record within thirty days. When the 

court reporter failed to file the record as ordered, on May 21, 2014, this court 

ordered the court reporter to file the record within thirty days.
On May 27, 2014, the court reporter filed a motion for extension of time to 

file the record, which was granted until June 23, 2014. The record was not filed. 

On July 15, 2014, this court issued another order granting the court reporter an 

extension to file the record to August 15, 2014, because of the delayed receipt of 

payment for the record. The record was not filed. On September 2, 2014, the court 

issued a further order to the court reporter to file the record within thirty days and 

instructed the court reporter that if the record was not filed, the court would order 

the trial court to conduct a hearing to determine the reason for failure to file the 

record. The record has not been filed with the court. 

The trial and appellate courts are jointly responsible for ensuring that the 

appellate record is timely filed. Tex. R. App. P. 35.3(c). The trial court must help 

ensure that the court reporter’s work is timely accomplished by setting work 

priorities. Tex. R. App. P. 13.3. Because the reporter’s record has not been filed 

timely as ordered, we issue the following order.

We direct the judge of the 80th District Court to conduct a hearing at 

which the court reporter, Michelle Tucker, appellant’s counsel, and appellee’s 

counsel shall participate (a) to determine the reason for failure to file the record; 

(b) to establish a date certain when the reporter’s record will be filed, and (c) to 

make findings as to whether the court reporter should be held in contempt of court 

for failing to file the reporter’s record timely as ordered. We order the court to 

prepare a record, in the form of a reporter’s record, of the hearing. The judge shall 

make findings of fact and conclusions of law, and shall order the trial clerk to 

forward to this court a supplemental clerk’s record containing the findings and 

conclusions. The hearing record and supplemental clerk’s record shall be filed with 

the clerk of this court on or before October 31, 2014. 
The appeal is abated, treated as a closed case, and removed from this court’s 

active docket. The appeal will be reinstated on this court’s active docket when the 

trial court’s findings and recommendations are filed in this court. The court will 

also consider an appropriate motion to reinstate the appeal filed by either party, or 

the court may reinstate the appeal on its own motion. If the court reporter files 

the record prior to the date set for the hearing, the appeal will be reinstated 

and the trial court need not hold a hearing.

PER CURIAM