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Stewart v. City of San Antonio

Court of Appeals of Texas, Fourth District, San Antonio

December 31, 2013

Marilyn STEWART, Appellant
v.
THE CITY OF SAN ANTONIO, Appellee

From the 45th Judicial District Court, Bexar County, Texas Trial Court No. 2012-CI-09344 Honorable Cathleen M. Stryker, Judge Presiding

ORDER

Catherine Stone, Chief Justice.

On November 6, 2013, this appeal was abated to the trial court for a hearing to consider appellant's indigence and to determine whether this appeal is frivolous. See Tex. Civ. Prac. & Rem. Code § 13.003. On November 18, 2013, the trial court signed an order sustaining the appellee's contest to appellant's affidavit of indigence and finding this appeal to be frivolous. On November 18, 2013, appellant filed a letter in this court which we construed as notice of her intent to appeal the trial court's order.

On November 26, 2013, this court ordered the court reporter present at the hearing on the contest to file the reporter's record from that hearing no later than December 16, 2013. On December 19, 2013, the clerk's office contacted the court reporter responsible for preparing the record, Ms. Victoria Gonzalez, and left a detailed message about the missed deadline. The reporter's record still has not been filed. It is therefore ORDERED that Ms. Gonzalez file the record in this court no later than January 6, 2013. If the record is not received by such date, an order may be issued directing Ms. Gonzalez to appear and show cause why she should not be held in contempt for failing to file the record. The clerk of this court shall cause a copy of this order to be served on Ms. Victoria Gonzalez by certified mail, return receipt requested, or give other personal notice of this order with proof of delivery. Because "[t]he trial and appellate courts are jointly ...


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