Stephen Patrick Black v. Jonathan Michael Floyd

• Court: Court of Appeals of Texas
• Decided: October 16, 2023
• Docket: 07-23-00263-CV
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-23-00263-CV

STEPHEN PATRICK BLACK, APPELLANT

V.

JONATHAN MICHAEL FLOYD, APPELLEE

On Appeal from the County Court Lamb County, Texas Trial Court No. CC-3436, Honorable James M. DeLoach, Presiding

October 16, 2023 ORDER OF ABATEMENT AND REMAND Before QUINN, C.J., and PARKER and YARBROUGH, JJ.

Appellant, Stephen Patrick Black, appeals from the trial court’s judgment. The

clerk’s record was originally due August 29, 2023, but was not filed. By letter of

September 5, 2023, we notified the trial court clerk that the record was overdue and

directed her to advise this Court of the status of the record by September 15. To date,

the clerk has neither filed the record nor sought an extension of time to do so.

Accordingly, we abate the appeal and remand the cause to the trial court for further

proceedings. See TEX. R. APP. P. 35.3(c) (“The trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed.”); 37.3(a)(2) (requiring

appellate courts to “make whatever order is appropriate to avoid further delay and to

preserve the parties’ rights” when the appellate record is not timely filed). On remand,

the trial court shall determine the following:

(1) what tasks remain to complete the filing of the clerk’s record;

(2) why the clerk has not completed the necessary tasks;

(3) what amount of time is reasonably necessary for the completion of those

tasks; and

(4) whether the clerk can complete the tasks within the time the trial court

finds reasonable.

The trial court is directed to enter such orders necessary to address the

aforementioned questions. So too shall it include its findings on those matters in a

supplemental clerk’s record and cause that record to be filed with this Court by November

15, 2023.

Should the clerk file the record on or before October 30, 2023, she is directed to

immediately notify the trial court of the filing, in writing, whereupon the trial court shall not

be required to take any further action.

It is so ordered.

Per Curiam