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In re Escamilla

Court of Appeals of Texas, Fourth District, San Antonio

January 15, 2020

IN RE Leticia Murillo ESCAMILLA

          From the 218th Judicial District Court, La Salle County, Texas Trial Court No. 16-03-00030-CVL Honorable John D. Gabriel, Jr., Judge Presiding

          CONTEMPT JUDGMENT

          Sandee Bryan Marion, Chief Justice.

         This is a contempt proceeding ancillary to appeal number 04-19-00503-CV, styled Chesapeake Exploration, L.L.C., et al. v. 7K Investments, Ltd., et al., currently pending in this court.

         The reporter's record was originally due to be filed in this appeal on August 23, 2019. Although portions of the reporter's record have been filed, portions of the reporter's record to be filed by Ms. Leticia Escamilla remain outstanding. On December 6, 2019, this court ordered Ms. Escamilla, to file the complete reporter's record by December 24, 2019. We advised Ms. Escamilla that if she failed to file the complete reporter's record by December 24, 2019, she would be ordered to appear before this court and show cause why she should not be held in contempt of court.

         Ms. Escamilla did not file the complete reporter's record by December 24, 2019. On January 2, 2020, we ordered Ms. Escamilla to appear in person before this court on January 15, 2020, at 2:00 p.m. before a panel consisting of Chief Justice Marion, Justice Martinez, and Justice Alvarez to show cause:

1. why she should not be held in civil and criminal contempt of this court for violating this court's December 6, 2019 order by failing to file the complete reporter's record in this appeal by December 24, 2019; and
2. why she should not be sanctioned.

         Our order advised Ms. Escamilla that she had the right to be represented by counsel at the show cause hearing and the proceedings would be recorded by a certified court reporter. The court's order was personally served on Ms. Escamilla by certified mail. Prior to the date of the hearing, Ms. Escamilla filed additional volumes of the reporter's record. On the date of the hearing, however, the record was incomplete.

         Ms. Escamilla personally appeared before the court at 2:00 p.m. to show cause why she should not be held in contempt of court. Ms. Escamilla was advised of her right to counsel by the court, and Ms. Escamilla knowingly and voluntarily waived her right to counsel. The court took judicial notice of its own file and admitted without objection an affidavit of Fourth Court of Appeals Clerk Michael A. Cruz setting forth the facts that are the basis of this proceeding. The court determined Ms. Escamilla failed to timely comply with this court's December 6, 2019 order. The court gave Ms. Escamilla an opportunity to show cause why she should not be held in contempt for violating our prior orders. During her testimony, Ms. Escamilla admitted she failed to file a complete reporter's record as ordered by the court.

         After deliberating, the court finds from the evidence that Ms. Escamilla should be held in contempt of this court for failing to comply with this court's December 6, 2019 order. It is therefore ORDERED, ADJUDGED, AND DECREED by the Court of Appeals, Fourth Court of Appeals District of Texas, that:

Leticia Murillo Escamilla is in contempt of this court for failing to comply with this court's December 6, 2019 order by failing to file the complete reporter's record in appeal number 04-19-00503-CV, styled Chesapeake Exploration, L.L.C., et al. v. 7K Investments, Ltd., et al., by December 24, 2019;
Leticia Murillo Escamilla is ordered confined to the County Jail of Bexar County, Texas for a period of thirty (30) days from the date of this judgment, which sentence shall be suspended pending and conditioned upon Ms. Escamilla's compliance with this judgment as follows:
Leticia Murillo Escamilla shall complete the reporter's records in the following matters ...

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