City National Bank of Sulphur Springs v. John Alexander Smith ( 2015 )

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-15-00013-CV
CITY NATIONAL BANK OF SULPHUR SPRINGS, Appellant
V.
JOHN ALEXANDER SMITH, Appellee
On Appeal from the 62nd District Court
Hopkins County, Texas
Trial Court No. CV 40681
Before Morriss, C.J., Moseley and Burgess, JJ.
ORDER
Court reporter Anna M. Upchurch recorded the trial court proceedings in appellate cause
number 06-15-00013-CV, styled City National Bank of Sulphur Springs v. John Alexander Smith,
trial court cause number CV 40681 in the 62nd Judicial District Court of Hopkins County, Texas.
The reporter’s record was originally due in this matter April 14, 2015. That deadline was extended
twice by this Court on Upchurch’s request, resulting in the most recent due date of June 15, 2015.
Upchurch has now filed a third request seeking an additional extension of the filing deadline.
The Texas Rules of Appellate Procedure establish that “trial and appellate courts are jointly
responsible for ensuring that the appellate record is timely filed.” TEX. R. APP. P. 35.3(c). The
Rules further instruct that an “appellate court may enter any order necessary to ensure the timely
filing of the appellate record.” Id. In furtherance of our responsibilities established by the Rules,
we find we must take steps to ensure that the record in this case is filed in a reasonable amount of
time.
Therefore, we overrule Upchurch’s third request for an extension of the filing deadline and
order her to file the reporter’s record in cause number 06-15-00013-CV, styled City National Bank
of Sulphur Springs v. John Alexander Smith, trial court cause number CV 40681 in the 62nd
Judicial District Court of Hopkins County, Texas, to be received by this Court no later than
Wednesday, July 15, 2015.
If the reporter’s record is not received by July 15, we warn Upchurch that we may begin
contempt proceedings and order her to show cause why she should not be held in contempt of this
Court for failing to obey its order.
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IT IS SO ORDERED.
BY THE COURT
Date: June 23, 2015
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