C OURT OF A PPEALS FOR THE
F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: Molina Healthcare of Texas, Inc. v. ACS Primary Care Physicians Southwest, P.A. and Emergency Services of Texas, P.A.

Appellate case number: 01

- 21

- 00 727

- C V

Trial court case number: 2017

- 77084

Trial court: 113 th District Court of Harris County

Appellant, Molina Healthcare of Texas, Inc. appealed from the trial court’s

December 30 , 2021 amended final judgment. T he appellate record was due to be filed with

the Clerk of this Court on or before January 25, 2022

. See T EX

. R. A PP

. P . 35.1. After the Court granted an extension for filing the clerk’s record, the clerk’s record was filed with

the Clerk of this Court on February 8, 2022. No reporter’s record was filed by the deadline.

Accordingly, o n January 27, 2022, the Court issued an order directing the official, or substitute, court reporter to file the reporter’s record within thirty days of the date of the

order. On January 28, 2022, Delicia St russ, the former official court reporter for the 113th District Court, filed an “Information Sheet by Court Reporters,” notifying the Court that she was not able to file the reporter’s record by the original deadline of Jan uary 25, 2022, notifying the Court that she could file the reporter’s record by February 25, 2022.

The reporter’s record was not filed by February 25, 2022. On February 28, 2022, the Court granted a request that the deadline for filing the reporter’s reco rd be extended to March 25, 2022. The reporter’s record was not filed by the extended deadline. On March 28, 2022, the Court granted a request that the deadline for filing the reporter’s record be extended to April 25, 2022. The reporter’s record was no t filed by the extended deadline.

On April 26, 2022, the Court granted a request that the deadline for filing the reporter’s record be extended to May 2, 2022. The reporter’s record was not filed by the extended deadline. Accordingly, on May 11, 2022, th e Court ordered the official court reporter, or substitute court reporter, for the 113th District Court to file the reporter’s record within thirty days of the date of the order, on or before June 10, 2022. In our May 11, 2022 order, the Court further not ified the court reporter that no further extensions will be considered absent exceptional circumstances, and that the failure to file the reporter’srecord by the extended deadline would result in the Court directing the trial court to

“conduct a hearing t o determine the reason for the failure to file the record.” The reporter’s record was not filed by the extended deadline.

On June 2, 2022, Ms. Struss filed a letter with the Court stating that she retired as the official court reporter for the 113th Distr ict Court on December 31, 202 1 . Despite that however, she ha d retained responsibility for filing the reporter’s record for this appeal. In her letter, she notes that the reporter’s record for this appeal is “extremely voluminous,” stating that the record includes a single document which, alone, is 83,000 pages. She further requests an additional extension to finalize and file the reporter’s record.

On September 6, 2022, appellees, ACS Primary Care Physicians Southwest, P.A. and Emergency Services of Texa s, P.A., filed a motion requesting that the Court direct the trial court to conduct a hearing to determine the reason for the failure to file the reporter’s

record.

The request for an extension for filing the reporter’s record is denied . Appellees’

motion is granted . Accordingly, we abate the appeal and direct the trial court to conduct a hearing to: (1) determine the reason for the failure to timely file the reporter’s record; (2)

determine whether the trial court’s official court rep orter, Suzanne Saulsberry, is able to assist the former official court reporter, Delicia Struss, with completing and filing the reporter’s record for this appeal ; and (3) to set a deadline by which the reporter’s record

will be filed with the Clerk of this Court.

The trial court is further directed to hold the ordered hearing within thirty days of the date of this order and to enter written findings of fact, conclusions of law, and recommendations as to these issues. Within fifteen days of the ordered hear ing, the trial court clerk is directed to file a supplemental clerk’s record containing the trial court’s findings and recommendations with this Court.

The appeal is abated , treated as a closed case, and removed from this Court’s active docket. The appeal will be reinstated on the Court’s active docket when the supplemental clerk’s record is filed with this Court, or upon motion of the parties. The trial court

coordinator shall set a hearing date and notify the parties and the Clerk of this Court of

such date.

It is so ORDERED.

Judge’s signature: ____

/s / April Farris

________  Acting individually  Acting for the Court

Date: __ September 20, 2022

____________________