Opinion
NO. 14-16-00586-CV
05-16-2017
JOAQUIN SAUCEDA, Appellant v. MICHAEL HESS, Appellee
On Appeal from the 80th District Court Harris County, Texas
Trial Court Cause No. 2013-12416
CONTINUING ABATEMENT ORDER
On March 7, 2017, this court directed the trial court to conduct a hearing in this case to determine the reason the reporter's record was not filed. Our order required the trial judge to see that a record of the hearing is made, make findings of fact and conclusions of law, and order the trial clerk to forward a record of the hearing and a supplemental clerk's record containing the findings and conclusions. The transcribed record of the hearing and the courts findings and conclusions were to be filed with the clerk of this court on or before April 6, 2017. On April 17, 2017, the Harris County District Clerk notified this court that the supplemental record would not be filed because the trial court had yet to issue the findings of fact and conclusions of law required by this court's order. To date, the court has not received the record or findings.
The appeal is abated, treated as a closed case, and removed from this court's active docket. The appeal will be reinstated on this court's active docket when the trial court's findings and recommendations are filed in this court. The court will also consider an appropriate motion to reinstate the appeal filed by either party. It is the responsibility of any party seeking reinstatement to request a hearing date from the trial court and to schedule a hearing in compliance with this court's order. If the parties do not request a hearing, the court coordinator of the trial court shall set a hearing date and notify the parties of such date.
It is so ORDERED.
PER CURIAM