Opinion
11-23-00181-CV
12-28-2023
KENNETH DAVID HUDSON, JR. AND TASHA N. HUDSON, Appellants v. MORRIS BANDA, Appellee
On Appeal from the 259th District Court Jones County, Texas Trial Court Cause No. 024840
Panel consists of: Bailey, C.J., Trotter, J., and Williams, J.
ORDER
PER CURIAM
This appeal has become unnecessarily stalled by the failure of Appellants' counsel to either pay for the reporter's record or communicate with this court in response to letters and phone calls from this court's clerk's office. The reporter's record was originally due to be filed in this court on or before August 28, 2023. On September 12, our clerk's office sent a letter notifying the court reporter that the reporter's record was overdue; the court reporter responded that Appellant had not paid for the record, and the trial court responded that the court reporter did not receive a request from Appellant. We notified Appellant that the payment and proof of payment must be received by September 20, 2023, or the appeal may be dismissed.
Three requests for extensions to file the reporter's record have been granted- on August 24, September 28, and November 3. For the latest extension, the court reporter stated that she "still [has] not received payment." By letter on the same day, we notified Appellant that, "[u]nless payment is remitted to the Court Reporter and proof of the payment received in this Court by November 10, 2023, this appeal may be submitted on the Clerk's Record alone." See Tex. R. App. P. 37.3(c).
In response, Appellants' counsel stated that he had mailed the check on September 28, but that the envelope, along with the check, was returned as undeliverable. In his letter, Appellants' counsel stated that he "had not heard back from [the court reporter]" and that "[u]pon confirmation or alternative instructions for delivery, the check will immediately be forward [sic] to [the court reporter]." Our clerk's office has repeatedly attempted to contact Appellants' counsel regarding the reporter's record and payment for same since the receipt of his letter, but he has not responded despite the leeway given to him by this court.
Appellants' counsel is directed to make contact in writing with the trial court, addressed to the trial judge, and to make payment for the reporter's record within 10 days of the date of this order. Appellants' counsel is further directed to provide a copy of this written correspondence to this court within 10 days of the date of this order. The failure of Appellants' counsel to timely comply with these matters may result in the appeal being considered and submitted on the clerk's record alone. Id.
A due date for the reporter's record will be set only if Appellants' counsel timely complies with these matters.