BP Automotive LP D/B/A Bossier Dodge v. RLJ-McLarty_Landers Automotive Group ( 2012 )


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  •                                   COURT OF APPEALS FOR THE
    FIRST DISTRICT OF TEXAS AT HOUSTON
    ORDER
    Appellate case name:       BP Automotive LP d/b/a Bossier Dodge v. RML Waxahachie Dodge,
    LLC, RLJ-McLarty Landers Automotive Holdings, LLC, RML
    Waxahachie Ford, LLC, RML Waxahachie GMC, LLC
    Appellate case number:     01-12-00346-CV
    Trial court case number: 10030B 1
    Trial court:               87th District Court of Freestone County
    The appellate record in the above-referenced appeal was due to be filed an this Court1 by
    April 18, 2012. See TEx. R. APp. P. 35.1 The clerk’s record has been filed. The reporter’s
    record has not been filed.
    On July 17, 2012, the Court notified the court reporter, Helen Wooten, that the reporter’s
    record had not been received for filing and directed that the record be filed no later than August
    17, 2012. See TEx. R. APP. P 35 1, 37.3(a)(1). The Court directed the reporter to notify the.
    Court by that date if the proceedings were not recorded, if the appellant had not requested that
    the reporter’s record be prepared, or if the appellant had not paid or made satisfactory
    arrangements to pay the fee to prepare the record. See TEX. R. APP. P 35.3(b)(2). The reporter
    did not respond.
    The reporter’s record has been past due for rune months. Failure either to file the record
    or to notify the Court of the status of the record has caused significant delay in the ability of this
    Court to resolve the parties’ dispute and to deliver justice in the timely manner expected.
    It as ORDERED that court reporter Helen Wooten file an this Court no later than 5:00
    p.m., November 2, 2012 either (1) the reporter’s record, with all requested exhibits, or (2) a
    written statement that the proceedings were not recorded or that appellant has not requested that
    a reporter’s record be prepared. No motions for extension of tame will be entertained absent
    Pursuant to its docket equalization authority, the Supreme Court of Texas transferred this
    appeal to this court. See Misc. Docket No. 12-9051 (Tex. Mar. 28, 2012); see also T x.
    Gov’T CoD Any. § 73.001 (West 2005) (authorizing transfer of cases).
    extraordinary circumstances. Failure to comply with this order may result in the issuance of
    a show cause order, notice, and service of citation against Helen Wooten, commanding her
    to appear before this Court to show cause why she should not be held in contempt.
    It is so ORDERED.
    Judge’s signature: /s/Sherry_ Radack
    [El Acting individually   Acting for the Court
    Date: October 19, 2012
    

Document Info

Docket Number: 01-12-00346-CV

Filed Date: 10/19/2012

Precedential Status: Precedential

Modified Date: 10/16/2015