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Lakeisha Demerson, MD v. Kiesta Smith, Individually and as Next Friend of XXXXXX XXXXXX, a Minor

Citation: Not availableDocket: 01-22-00579-CV

Court: Court of Appeals of Texas; September 8, 2022; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

On August 17, 2022, the trial court reporter submitted a recorder’s record of two hearings held on July 18, 2022. However, on August 30, 2022, the Court of Appeals noted that the record was non-compliant due to the absence of certified copies of the court reporter’s logs, as required by Texas Rules of Appellate Procedure 34.6(a)(2) and 13.2. The Court ordered court reporter Julia Rivera to file the necessary certified logs within 30 days. On September 2, 2022, Rivera submitted a log and recording for a separate hearing on August 22, 2022, but failed to provide the required logs for the July 18 hearings. Consequently, the Court reiterated the order for Rivera to submit the certified logs for the July 18 proceedings within 30 days from the new order date. The appellant's brief will be due 30 days after the compliant recorder’s record is filed. The order was signed by Acting Judge Veronica Rivas-Molloy on September 8, 2022.

Legal Issues Addressed

Compliance with Appellate Procedure for Recorder’s Records

Application: The Court of Appeals requires compliance with Texas Rules of Appellate Procedure by ensuring that certified copies of the court reporter’s logs are included with the recorder’s record.

Reasoning: The Court of Appeals noted that the record was non-compliant due to the absence of certified copies of the court reporter’s logs, as required by Texas Rules of Appellate Procedure 34.6(a)(2) and 13.2.

Obligation of Court Reporters to File Certified Logs

Application: Court reporter Julia Rivera was ordered to file certified logs for the hearings conducted on July 18, 2022, demonstrating the obligation of court reporters to comply with procedural rules.

Reasoning: The Court ordered court reporter Julia Rivera to file the necessary certified logs within 30 days.

Timeliness of Filing for Appellate Briefs

Application: The deadline for the appellant's brief is contingent upon the filing of a compliant recorder’s record, which affects the timing of subsequent appellate procedures.

Reasoning: The appellant's brief will be due 30 days after the compliant recorder’s record is filed.