Texas Windstorm Insurance Association v. Commerce Office Park-One, L.P.

NUMBER 13-20-00425-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
TEXAS WINDSTORM INSURANCE
ASSOCIATION, Appellant,
v.
COMMERCE OFFICE PARK-ONE, L.P., Appellee.
On appeal from the 105th District Court
of Nueces County, Texas.
ORDER ABATING APPEAL
Before Chief Justice Contreras and Justices Benavides and Silva
Order Per Curiam
This cause is before the Court on appellant's third motion for extension of time to
file the brief. Appellant’s brief was originally due to be filed on April 23, 2021, and this
Court has previously granted appellant two extensions for the filing of appellant’s brief.
Appellant has now filed its third motion requesting additional time to file the appellate brief
which indicates the appellate record may be incomplete.
This situation requires us to effectuate our responsibility to avoid further delay and
to preserve the parties’ rights. See id. R. 37.3(a)(1). Accordingly, this appeal is ABATED
and the cause REMANDED to the trial court.
Upon remand, the judge of the trial court shall immediately cause notice to be given
and conduct a hearing to determine if the reporter’s record, or any part thereof, is
inaccurate, as provided, and/or if any part has been lost or destroyed, and shall make
appropriate findings under Tex. R. App. P. 34.6(e)(f), if necessary. Otherwise, the trial
court shall determine what steps are necessary to ensure the prompt preparation of a
reporter's record and shall enter any orders required to avoid further delay and to preserve
the parties’ rights.
The trial court shall prepare and file its findings and orders and cause them to be
included in a supplemental clerk's record which should be submitted to the Clerk of this
Court within fifteen days from the date of this order. Appellant's third motion for extension
of time to file the brief is hereby carried with the case.
PER CURIAM
Delivered and filed on the
1st day of July, 2021.
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