Narrative Opinion Summary
In the matter of Texas Institute for Surgery, L.L.P. (Appellant) versus Angela M. Carpenter (Appellee), the Court of Appeals for the Fifth District of Texas at Dallas addresses procedural issues related to an overdue reporter’s record in an accelerated appeal originating from the 134th Judicial District Court of Dallas County. The Court previously notified the court reporter, Vielica Dobbins, of the delay and directed her to submit the reporter’s record within ten days. As of April 20, 2018, the record had not been filed, prompting the Court to issue an order requiring Ms. Dobbins to either file the record or provide verification regarding the recording of hearings and payment arrangements within ten days. The appellant faces the possibility of the appeal proceeding without the reporter's record should verification show it has not been requested or paid for, in accordance with Texas Rule of Appellate Procedure 37.3(c). The order was signed by Chief Justice Carolyn Wright, and copies were directed to be sent to the presiding judge, the court reporter, and all involved parties.
Legal Issues Addressed
Consequences of Non-Compliance with Court Orderssubscribe to see similar legal issues
Application: The court outlines potential consequences if the appellant fails to ensure the filing or payment for the reporter's record, which may result in the appeal proceeding without it.
Reasoning: The appellant is warned that if verification shows the record has not been requested or paid for, the appeal may be submitted without it, per Texas Rule of Appellate Procedure 37.3(c).
Responsibilities of Court Reporters in Appeal Proceduressubscribe to see similar legal issues
Application: The court mandates the court reporter to either file the reporter's record or verify the status of recordings and payments within a specified timeframe.
Reasoning: The Court mandates that Ms. Dobbins file the reporter's record within ten days of the order or provide: (1) written verification that no hearings were recorded, or (2) written verification that the appellant has either paid for or arranged payment for the record.
Timeliness of Reporter’s Record in Appealssubscribe to see similar legal issues
Application: The court addresses the issue of a delayed reporter's record in an accelerated appeal and sets forth specific requirements for its submission.
Reasoning: The order addresses the overdue reporter's record in this accelerated appeal. The Court previously notified Court Reporter Vielica Dobbins on March 21, 2018, about the delay and instructed her to submit the reporter's record within ten days.