Michael J. Galloway v. State

In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
Nos. 06-13-00157-CR &
06-13-00158-CR
MICHAEL J. GALLOWAY, Appellant
V.
STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 4
Dallas County, Texas
Trial Court Nos. F1054301-K, F1054302-K
Before Morriss, C.J., Carter and Moseley, JJ.
ORDER
Court reporter Janice Garrett recorded the trial court proceedings in cause numbers 06-
13-00157-CR and 06-13-00158-CR, styled Michael J. Galloway v. The State of Texas, trial court
cause numbers F-1054301-K and F-1054302-K in the Fourth Criminal District Court of Dallas
County, Texas. The reporter’s record was originally due in this case August 23, 2013. Garrett
has not filed a request for an extension of time to file the record and has failed to respond to two
voicemail messages left by our clerk’s office.
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 the filing of the record in this case.
Therefore, we hereby order Janice Garrett to file the reporter’s record in cause numbers
06-13-00157-CR and 06-13-00158-CR, styled Michael J. Galloway v. The State of Texas, trial
court cause numbers F-1054301-K and F-1054302-K, to be received by this Court no later than
Friday, October 4, 2013.
If the record is not received by October 4, we warn Garrett 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: September 9, 2013
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