City of Pearsall (Cross-Appellee) v. Robert Tobias (Cross-Appellant)

Court of Appeals of Texas

City of Pearsall (Cross-Appellee) v. Robert Tobias (Cross-Appellant)

DecidedJanuary 9, 2017

Docket04-16-00815-CV

StatusPublished

This text of City of Pearsall (Cross-Appellee) v. Robert Tobias (Cross-Appellant) (City of Pearsall (Cross-Appellee) v. Robert Tobias (Cross-Appellant)) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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City of Pearsall (Cross-Appellee) v. Robert Tobias (Cross-Appellant), (Tex. Ct. App. 2017).

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Opinion

Fourth Court of Appeals San Antonio, Texas January 9, 2017

No. 04-16-00815-CV

CITY OF PEARSALL (Cross-Appellee), Appellant

v.

Robert TOBIAS (Cross-Appellant), Appellee

From the 81st Judicial District Court, Frio County, Texas Trial Court No. 13-10-00414-CVF Honorable Russell Wilson, Judge Presiding

ORDER On December 21, 2016, the court reporter responsible for preparing the record in this appeal, Ms. Leticia Escamilla, was notified that the record was late. Ms. Escamilla was instructed to file a notification of late record by December 27, 2016, if the record was not filed because payment was not made, or to file the reporter’s record by January 2, 2017. Ms. Escamilla did not respond to this court’s prior notice, and the record has not been filed. It is therefore ORDERED that Ms. Escamilla file the reporter’s record in this court no later than January 24, 2017. If the record is not received by such date, an order may be issued directing Ms. Escamilla 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. Escamilla 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 responsible for ensuring that the appellate record is timely filed,” TEX. R. APP. P. 35.3(c), the clerk of the court is directed to serve a copy of this order on the Honorable Russell Wilson, Judge of the 81st Judicial District Court. _________________________________ Sandee Bryan Marion, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 9th day of January, 2017.

___________________________________ Keith E. Hottle Clerk of Court

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Fourth Court of Appeals San Antonio, Texas January 9, 2017

No. 04-16-00815-CV

CITY OF PEARSALL (Cross-Appellee), Appellant

v.

Robert TOBIAS (Cross-Appellant), Appellee

From the 81st Judicial District Court, Frio County, Texas Trial Court No. 13-10-00414-CVF Honorable Russell Wilson, Judge Presiding

ORDER On December 21, 2016, the court reporter responsible for preparing the record in this appeal, Ms. Leticia Escamilla, was notified that the record was late. Ms. Escamilla was instructed to file a notification of late record by December 27, 2016, if the record was not filed because payment was not made, or to file the reporter’s record by January 2, 2017. Ms. Escamilla did not respond to this court’s prior notice, and the record has not been filed. It is therefore ORDERED that Ms. Escamilla file the reporter’s record in this court no later than January 24, 2017. If the record is not received by such date, an order may be issued directing Ms. Escamilla 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. Escamilla 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 responsible for ensuring that the appellate record is timely filed,” TEX. R. APP. P. 35.3(c), the clerk of the court is directed to serve a copy of this order on the Honorable Russell Wilson, Judge of the 81st Judicial District Court. _________________________________ Sandee Bryan Marion, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 9th day of January, 2017.

___________________________________ Keith E. Hottle Clerk of Court

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City of Pearsall (Cross-Appellee) v. Robert Tobias (Cross-Appellant), Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-pearsall-cross-appellee-v-robert-tobias-cross-appellant-texapp-2017.