IN THE

TENTH COURT OF APPEALS

No. 10-13-00174-CV

TOM MADDUX, INDIVIDUALLY, 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 issue with regard to the amount of payment required to 
Maddux 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 order, 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 due 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 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 order, 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.
Maddux 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 written 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 12, 2014