Andrea K. Randle v. AT Owner 18, L.P.

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-22-00319-CV

ANDREA K. RANDLE, APPELLANT

V.

AT OWNER 18, L.P., APPELLEE

On Appeal from the County Court at Law No. 2 Denton County, Texas Trial Court No. CV-2022-02311-JP, Honorable Robert Ramirez, Presiding

March 7, 2023 ORDER OF ABATEMENT AND REMAND Before QUINN, C.J., and PARKER and YARBROUGH, JJ.

Appellant, Andrea K. Randle, proceeding pro se, appeals from the trial court’s Final

Judgment. 1 Because we are unable to determine whether Randle has requested

preparation of the reporter’s record or sought to proceed without payment of costs, we

remand the cause for further proceedings.

1Originally appealed to the Second Court of Appeals, this appeal was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001. The appellate record was originally due December 2, 2022. The clerk’s record

was filed by this deadline. However, the reporter’s record was not filed because Randle

failed to request and make payment arrangements for the record. By letter of December

16, 2022, we directed Randle to do so by December 30. We admonished her that failure

to request and pay for the reporter’s record by this deadline would result in her brief being

set with only those issues raised that do not require a reporter’s record being considered

and decided. See TEX. R. APP. P. 37.3(c). The reporter subsequently notified this Court

that no such arrangements were made. Accordingly, by letter of January 9, 2023, we set

Randle’s brief due February 8 without the benefit of the reporter’s record for a decision.

No brief was filed. On February 13, 2023, Randle filed a letter with this Court stating that

she has attempted to contact the reporter to request the record and to notify the reporter

that she has filed a statement of her inability to pay costs, but has not received any

response from the reporter. The reporter has informed this Court that she has not

received any communication from Randle.

Accordingly, we abate the appeal and remand this cause to the trial court to hold

a hearing, by whatever means necessary, and determine whether Randle (1) requests

preparation of the reporter’s record, and (2) if so, if she is entitled to proceed without

payment of costs. The trial court shall enter its findings in a written order and include the

order in a supplemental clerk’s record which it must cause to be filed with this Court by

April 6, 2023.

Randle’s present briefing deadline is suspended until further order of this Court.

Per Curiam