Narrative Opinion Summary
Order issued on July 25, 2018, in the Court of Appeals for the First District of Texas regarding case number 01-18-00531-CV, Gorham Export Packaging, LLC v. Riviera Finance of Texas, Inc. The court notes that the reporter’s record was due on June 20, 2018. Following a prior order on June 22, 2018, directing the court reporter to file the record within 30 days, the record has still not been filed. Consequently, the court orders the official (or substitute) court reporter to file the record within 30 days of this order, with no further extensions allowed unless exceptional circumstances arise. The trial and appellate courts share the responsibility for the timely filing of the appellate record. Should the reporter fail to comply with this order, the court will mandate a hearing in the trial court to ascertain the reasons for the delay. The order is issued per curiam.
Legal Issues Addressed
Court Order Compliance for Record Filingsubscribe to see similar legal issues
Application: The court ordered the court reporter to file the record within 30 days, stipulating that no further extensions will be granted unless exceptional circumstances are presented.
Reasoning: Consequently, the court orders the official (or substitute) court reporter to file the record within 30 days of this order, with no further extensions allowed unless exceptional circumstances arise.
Judicial Measures for Non-Compliancesubscribe to see similar legal issues
Application: The court warned that failure to comply with the order to file the record would result in a mandated hearing to determine the cause of delay.
Reasoning: Should the reporter fail to comply with this order, the court will mandate a hearing in the trial court to ascertain the reasons for the delay.
Timely Filing of Appellate Recordsubscribe to see similar legal issues
Application: The court emphasized the joint responsibility of the trial and appellate courts to ensure the appellate record is filed on time.
Reasoning: The trial and appellate courts share the responsibility for the timely filing of the appellate record.