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Bill Miller Bar-B-Q Enterprises Ltd. v. Gonzales

Court of Appeals of Texas, Fourth District, San Antonio

December 30, 2013

BILL MILLER BAR-B-Q ENTERPRISES LTD., Appellant
v.
Faith H. GONZALES, Appellee

From the County Court at Law No. 7, Bexar County, Texas Trial Court No. 361586 Honorable Irene Rios, Judge Presiding

ORDER

Patricia O. Alvarez, Justice

The reporter's record was due on October 30, 2013. See Tex. R. App. P. 35.1(a). On November 6, 2013, this court notified court reporter Liche Cavazos that the reporter's record was late, and she must file a notification of late record by November 18, 2013, or the reporter's record not later than December 6, 2013. On December 16, 2013, a deputy clerk of this court left a voice message for Liche Cavazos inquiring about the status of the reporter's record. To date, this court has not received a request for extension of time and the reporter's record has not been filed.

We ORDER court reporter Liche Cavazos to file the reporter's record in this court not later than TEN DAYS from the date of this order.

If the reporter's record is not filed as ordered, a show cause order shall issue directing Liche Cavazos to appear on a day certain and show cause why she should not be held in contempt for failing to file the record. See Tex. R. App. P. 35.3(c); see also Tex. Gov't Code Ann. § 21.002 (West 2004) (authorizing contemnor punishment up to "a fine of not more than $500 or confinement in the county jail for not more than six months, or both such a fine and confinement in jail"); Johnson v. State, 151 S.W.3d 193, 195–96 (Tex. Crim. App. 2004) (noting the court's previous action holding a court reporter in contempt for "repeatedly fail[ing] to prepare and file the record" and "order[ing] him incarcerated . . . until the record was finished").

The clerk of this court shall cause a copy of this order to be served on Liche Cavazos by certified mail, return receipt requested, with delivery restricted to addressee only, or give other ...


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