IN THE

TENTH COURT OF APPEALS

No. 10-04-00326-CV

The State of Texas,

                                                                      Appellant

 v.

Target Corporation,

                                                                      Appellee

From the County Court at Law No. 1

Brazos County, Texas

Trial Court No. 419-CC

This is an appeal from an award of compensation for condemnation of Target’s property in Brazos County.  The State timely perfected an appeal.  The district clerk filed the clerk's record on December 6, 2004.  To date, no reporter's record has been filed.

We sent a letter on November 19 to the court reporter, Lori Blaha, stating that the reporter’s record has not been filed and to file the record within 30 days.  We did not receive a response within 30 days; however, on January 24, 2005, we received a motion for an extension of time to prepare the record.  Blaha indicated that she was now working on the record for this cause and anticipated having it filed by February 22.  On January 25, we granted Blaha’s motion and the record was now due February 22.  On March 17, we sent a letter to Blaha asking her to contact us regarding the late record.  On June 3, we received a motion for extension of time to file the record.  On June 7, we granted her motion stating the due date is now June 20 and “no further requests for extension of time to file the reporter’s record will be entertained.”  We have not received the reporter’s record.

     Accordingly, we ORDER court reporter Lori Blaha to file the reporter's record for cause number 419-CC in the County Court at Law Number One (1) of Brazos County, Texas with the Clerk of the Tenth Court of Appeals, McLennan County Courthouse, 501 Washington Avenue, Room 415, Waco, Texas 76701, on or before 5:00 p.m. on Tuesday, August 16, 2005.   If Blaha does not file the record on or before August 16, she shall appear in this Court at 9:00 a.m. on Wednesday, August 17, to show cause why she should not be held in contempt.  See McElwee v. Joham, 971 S.W.2d 198, 198 (Tex. App.—Waco 1998, order), disp. on merits, 15 S.W.3d 557 (Tex. App.—Waco 2000, no pet.).

FAILURE OF LORI BLAHA TO FILE THE REPORTER'S RECORD ON OR BEFORE AUGUST 16, 2005 MAY RESULT IN THE ISSUANCE OF A JUDGMENT OF CONTEMPT.

     The Court ORDERS that this Order be personally served on Lori Blaha by overnight delivery via a commercial delivery service within the meaning of Texas Rule of Appellate Procedure 9.5(b).  See Tex. R. App. P. 9.5(b).

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

          (Chief Justice Gray dissents without an opinion)

Order delivered and filed July 20, 2005

Do not publish