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Suderman Contracting Stevedores, Inc. and George Aldridge v. Victor Ferrufino

Citation: Not availableDocket: 01-17-00710-CV

Court: Court of Appeals of Texas; November 19, 2017; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Order issued on November 20, 2017, by the Court of Appeals for the First District of Texas in the case Suderman Contracting Stevedores, Inc. and George Aldridge v. Victor Ferrufino (No. 01-17-00710-CV), originating from the 215th District Court of Harris County, Texas (Trial Court Case 2016-13498). The court noted that the reporter's record was due on October 17, 2017, and an extension was granted on October 20, 2017, allowing an additional 30 days for filing. As the record has not been filed, the court orders Cantrece Addison, the official court reporter, to file the record within 30 days from the date of this order. The court emphasizes that no further extensions will be granted absent exceptional circumstances. Both trial and appellate courts are held jointly responsible for the timely filing of the appellate record. If the record is not filed as ordered, the court will require a hearing in the trial court to investigate the reason for the delay.

Legal Issues Addressed

Appellate Record Filing Deadlines

Application: The court addresses the responsibility of timely filing the appellate record, emphasizing strict adherence to deadlines and consequences for non-compliance.

Reasoning: The court noted that the reporter's record was due on October 17, 2017, and an extension was granted on October 20, 2017, allowing an additional 30 days for filing.

Consequences for Delay in Filing

Application: The court outlines potential actions if the appellate record is not filed as ordered, including a hearing to investigate the delay.

Reasoning: If the record is not filed as ordered, the court will require a hearing in the trial court to investigate the reason for the delay.

Limitations on Extensions

Application: The court makes clear that no further extensions for filing the appellate record will be granted unless exceptional circumstances are demonstrated.

Reasoning: The court emphasizes that no further extensions will be granted absent exceptional circumstances.

Responsibility for Timely Filing

Application: The court identifies both trial and appellate courts as jointly responsible for ensuring the timely filing of the appellate record.

Reasoning: Both trial and appellate courts are held jointly responsible for the timely filing of the appellate record.