in Re Commitment of William Cyrus Scott

In The Court of Appeals

Ninth District of Texas at Beaumont

_________________ NO. 09-12-00244-CV _________________

IN RE COMMITMENT OF WILLIAM CYRUS SCOTT

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On Appeal from the 435th District Court

Montgomery County, Texas Trial Cause No. 11-10-10849-CV

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ORDER

Volumes 1 and 2 of the reporter’s record, due September 10, 2012, have not been filed. Heather Deiss is responsible for preparing, certifying, and timely filing the reporter’s record. See Tex. R. App. P. 35.3(b). On September 24, 2012, we informed the court reporter that the record must be filed within thirty days or the matter would be referred for an enforcement order. The court reporter failed to file the record by the due date.

It is, therefore, ORDERED that the appeal be ABATED and the cause REMANDED to the trial court for a hearing to determine why the reporter’s record has not been filed. See Tex. R. App. P. 37.3(a)(1). The trial court shall determine why the court reporter did not timely file the record, and may make such orders as shall be necessary to ensure the reporter’s record is promptly filed. 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.”). A reporter’s record shall be made of the hearing and, together with a supplemental clerk’s record containing any findings or orders of the trial court, shall be filed with the Court of Appeals by November 26, 2012.

ORDER ENTERED October 25, 2012.

PER CURIAM Before McKeithen, C.J., Gaultney and Kreger, JJ.