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David Mora, Texas Sterling Construction Co. A/K/A/ Texas Crushed Concrete, and Sterling Construction Company, Inc. A/K/A Sterling Delaware Holding Company, Inc. v. Martin Valdivia, Sr., and Maria Cervantes Valdivia, Both Individually and as Sole Heirs of the Estate of Martin Valdivia Jr.

Citation: Not availableDocket: 04-17-00565-CV

Court: Court of Appeals of Texas; February 14, 2018; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In the case of No. 04-17-00565-CV, the Fourth Court of Appeals in San Antonio, Texas, addressed procedural issues concerning the timely filing of a court reporter's record. Appellants David Mora and Texas Sterling Construction Co. faced delays in the submission of the reporter's record by court reporter Amy L. Hinds. Despite two prior extensions, only 32% of the record was edited, prompting a third extension request. The court granted a final extension until March 9, 2018, marking a total of 94 days, but stipulated that further requests would require a detailed status report, including progress updates, page counts, and daily work descriptions. This order, signed by Justice Patricia O. Alvarez on February 15, 2018, aimed to ensure diligent progress and accountability in future filings. The decision underscores the court’s expectation for timely record submission and outlines the procedural requirements for extension requests, thereby balancing the need for thorough record preparation against the imperative of maintaining judicial efficiency.

Legal Issues Addressed

Extensions for Filing Court Reporter Records

Application: The court granted an extension for submitting the reporter's record but emphasized that further requests would be disfavored unless accompanied by a detailed status report.

Reasoning: The court mandated that the reporter's record must be submitted by the new deadline, noting that any subsequent extension requests would be met with disfavor.

Requirements for Future Extension Requests

Application: The court required that any future requests for additional time must include a signed, detailed status report outlining progress and challenges.

Reasoning: If the record is not filed by the deadline, future requests for additional time must include a signed, detailed status report outlining the progress and any challenges that may delay completion, including page counts and descriptions of each workday.