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Vernon Hewitt v. Ryan Marine Services, Inc. and the RMS Orion

Citation: Not availableDocket: 14-09-00227-CV

Court: Court of Appeals of Texas; October 20, 2011; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Order filed on October 20, 2011, in the Fourteenth Court of Appeals, Case No. 14-09-00227-CV, involving appellant Vernon Hewitt and appellees Ryan Marine Services, Inc. and the RMS Orion, originating from the County Court at Law No. 2 in Galveston County, Texas. The reporter's record was initially due on February 2, 2009, but due to issues regarding lost portions and the accuracy of the record, most of it was only filed by June 6, 2011. At a hearing on August 16, 2011, it was revealed that the transcript of a pretrial hearing was not yet filed, although court reporter Sandra Powell indicated it had been transcribed but required proofreading. The court ordered Sandra Powell to file the pretrial hearing record by November 1, 2011. Failure to comply may result in a show cause order for her to explain why she should not be held in contempt, which could lead to fines or jail time. Appellant's brief is due on November 15, 2011.

Legal Issues Addressed

Contempt for Failure to Comply with Court Orders

Application: Sandra Powell, the court reporter, was ordered to file the pretrial hearing record by November 1, 2011, with a warning that non-compliance might lead to a show cause order for contempt, potentially resulting in fines or jail time.

Reasoning: The court ordered Sandra Powell to file the pretrial hearing record by November 1, 2011. Failure to comply may result in a show cause order for her to explain why she should not be held in contempt, which could lead to fines or jail time.

Deadlines for Filing Appellant’s Brief

Application: The court set a deadline for the appellant's brief to be filed by November 15, 2011, following the delayed filing of the reporter’s record.

Reasoning: Appellant's brief is due on November 15, 2011.

Timeliness of Reporter’s Record Filing

Application: The court addressed the delay in the filing of the reporter’s record, which was due on February 2, 2009, but was largely filed by June 6, 2011, due to issues with lost portions and accuracy.

Reasoning: The reporter's record was initially due on February 2, 2009, but due to issues regarding lost portions and the accuracy of the record, most of it was only filed by June 6, 2011.