### IN THE

TENTH COURT OF APPEALS

No. 10

- 13

- 00174

- CV

TOM MADDUX, INDIVIDU ALLY, AND DBA LOST PRAIRIE CYCLES; AKA THOMAS

EARL MADDUX

, Appellant

v.

MICHAEL D. REID

, Appellee

From the 87th District Court Limestone County, Texas Trial Court No. 29,549

- A

O R D E R

In an order dated April 24, 2014, this case was abated and remanded to the trial

court because the Court had reached an impasse in our ability to obtain the reporter’s

record in this appeal. The trial court was ordered to:

1. hold a hearing, within 21 days from the date of the order, to determine

and resolve the is sue with regard to the amount of payment required toMadd ux v. Reid Page 2

obtain the record and a date (or number of days after payment) by which the reporter will have the record properly prepared and filed;

2. inform appellant that if the reporter’s record is necessary to the appeal and is not timely paid for, the appeal will be dismissed for want of prosecution; and

3. inform the reporter that the consequences of failing to file the complete and proper record with this Court as ordered by the trial court pursuant

to the above or der, the reporter may be held in contempt for which the reporter may be ordered to pay a fine and may also be ordered to forfeit her fee for the preparation of the reporter’s record.

A record of the hearing and any findings made by the trial court were du e to be

filed in this Court within 35 days from the date of the order.

We have been informed that only a telephone call occurred with the reporter and

that no hearing was held as ordered.

Accordingly, we reinstate this appeal, and ORDER the trial court to:

1. hold a hearing, in open court, with the reporter and appellant present,

within 14 days from the date of this order, to determine and resolve the issue with regard to the amount of payment required to obtain the record and a date (or number of days aft er payment) by which the reporter will have the record properly prepared and filed;

2. inform appellant that if the reporter’s record is necessary to the appeal and is not timely paid for, the appeal will be dismissed for want of prosecution; and

3. inform the reporter that the consequences of failing to file the complete and proper record with this Court as ordered by the trial court pursuant to the above order, the reporter may be held in contempt for which the reporter may be ordered to pay a fine and may al so be ordered to forfeit her fee for the preparation of the reporter’s record

.Madd ux v. Reid Page 3

A reporter’s record of the hearing is ORDERED to be submitted to this Court

within 21 days from the date of this order. Further, the trial court is ORDERED to

prepare a writte n order and submit it to the trial court clerk within 7 days from the date

of the hearing. The supplemental clerk’s record containing the trial court’s written

order is ORDERED to be submitted to this Court within 21 days from the date of this

order.

This appeal is again abated to give the trial court jurisdiction to conduct the

hearing as herein ordered.

PER CURIAM

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Appeal reinstated and abated Order issued and filed June 1 2, 2014