Court of Civil Appeals of Texas, 2015

Phyllis Pittman v. R. Trent Campbell Jr. and Bette B. Campbell

Phyllis Pittman v. R. Trent Campbell Jr. and Bette B. Campbell
Court of Civil Appeals of Texas · Decided March 31, 2015

Phyllis Pittman v. R. Trent Campbell Jr. and Bette B. Campbell

Opinion

Order filed March 31, 2015.

In The Fourteenth Court of Appeals ____________ NO. 14-14-00445-CV ____________ PHYLLIS PITTMAN, Appellant V. R. TRENT CAMPBELL JR. AND BETTE B. CAMPBELL, Appellees

On Appeal from the 234th District Court Harris County, Texas Trial Court Cause No. 2011-11815

ORDER The reporter’s record in this case was due July 10, 2014. See Tex. R. App. P. 35.1. The appeal was abated and referred to mediation. The mediation stay was lifted on November 13, 2014. On January 14, 2015, this court ordered the official court reporter and a substitute reporter, Rachel Gamez, to file the record in thirty days. Rachel Gamez then notified the court that she had not received payment for preparation of the record. Accordingly, we notified appellant that unless payment arrangements were made, the court would consider the appeal without a reporter’s record. On January 28, 2015, appellant provided this court with proof of payment to both Ms. Gamez and another substitute reporter, Alexandra McMillen. To date, the record has not been filed.

On March 25, 2015, Rachel Gamez requested an extension of time to file the record. We GRANT the requested extension and issue the following order: We order Rachel Gamez and Alexandra McMillen, the court reporters responsible for this record, to file the record in this appeal on or before April 30, 2015. No further extensions will be entertained absent exceptional circumstances.

The trial and appellate courts are jointly responsible for ensuring that the appellate record is timely filed. See Tex. R. App. P. 35.3(c). If either Rachel Gamez or Alexandra McMillen fail to timely file the record as ordered, the court will consider issuing an order directing the trial court to conduct a hearing to determine the reason for the failure to file the record, including the consideration of sanctions.

PER CURIAM

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