Narrative Opinion Summary
In the appellate case involving Molina Healthcare of Texas, Inc., the appeal stems from a judgment dated December 30, 2021, from the 113th District Court of Harris County. The case faced procedural delays due to the absence of a reporter’s record initially due by January 25, 2022. Despite multiple extensions, the appellees, ACS Primary Care Physicians Southwest, P.A. and Emergency Services of Texas, P.A., sought a hearing to investigate these delays. The Court responded on September 20, 2022, by abating the appeal and ordering a hearing to identify the cause of the delay and to determine whether the trial court's official reporter could aid in finalizing the record. The appeal was poised to resume following the submission of a supplemental clerk’s record detailing the trial court’s findings and recommendations. After the trial court clerk filed the required supplemental record on November 2, 2022, and the reporter’s record on October 12, 2022, the appeal was reinstated. Judge April Farris signed an order on November 17, 2022, requiring the appellant to submit their brief within thirty days, thus moving the case forward in the appellate process.
Legal Issues Addressed
Appellate Procedure for Delayed Recordssubscribe to see similar legal issues
Application: The appellate court may abate an appeal and order a hearing to determine the cause of delay in filing the appellate records.
Reasoning: On September 20, 2022, the Court abated the appeal, ordered a hearing to ascertain the cause of the delay, to see if the trial court's official reporter could assist in completing the record, and to establish a new deadline for filing the reporter's record.
Reinstatement of Appealsubscribe to see similar legal issues
Application: An appeal may be reinstated on the active docket upon the filing of necessary records and findings by the trial court.
Reasoning: On November 2, 2022, the trial court clerk submitted the required supplemental clerk’s record, and the reporter’s record was filed on October 12, 2022. Consequently, the appeal was reinstated on the active docket.