CourtListener 9488703•In Re: The Commitment of Javier Acevedo v. the State of Texas
In Re: The Commitment of Javier Acevedo v. the State of Texas
CourtListener 9488703Txctapp726 mars 2024
Texte intégral
In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-24-00076-CV
IN RE: THE COMMITMENT OF JAVIER ACEVEDO
On Appeal from the 112th District Court
Sutton County, Texas
Trial Court No. CV06425, Honorable Lynn Ellison, Presiding
March 26, 2024
ORDER OF ABATEMENT AND REMAND 1
Before QUINN, C.J., and PARKER and YARBROUGH, JJ.
Appellant, Javier Acevedo, appeals from the trial court’s Final Judgment. The
appellate record was originally due February 21, 2024. The clerk’s record was filed by
this deadline, but the reporter’s record was not. By letter of February 28, 2024, we notified
the reporter that the record was overdue and directed her to advise this Court of the status
1 Originally appealed to the Fourth Court of Appeals, this appeal was transferred to this Court by
the Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. §
73.001.
of the record by March 11. The reporter has not filed the record or had any further
communication with this Court to date. 2
Accordingly, we abate the appeal and remand the cause to the trial court for further
proceedings. See TEX. R. APP. P. 35.3(c) (“The trial and appellate courts are jointly
responsible for ensuring that the appellate record is timely filed.”); 37.3(a)(2) (requiring
appellate courts to “make whatever order is appropriate to avoid further delay and to
preserve the parties’ rights” when the appellate record is not timely filed). On remand,
the trial court shall determine the following:
(1) what tasks remain to complete the filing of the reporter’s record;
(2) why the reporter has not completed the necessary tasks;
(3) what amount of time is reasonably necessary for the completion of
those tasks; and
(4) whether the reporter can complete the tasks within the time the trial
court finds reasonable.
Should the trial court determine that the reporter will require more than thirty days
to complete, certify, and file the reporter’s record, it shall arrange for a substitute reporter
to do so. The trial court is directed to enter such orders necessary to address the
aforementioned questions. So too shall it include its findings on those matters in a
supplemental clerk’s record and cause that record to be filed with this Court by April 25,
2024.
2 By letter of March 19, 2024, Acevedo advised the Court that he has requested preparation of the
reporter’s record and filed a Statement of Inability to Afford Payment of Court Costs. And, on January 27,
2024, the trial court signed an order directing the reporter to prepare and file the reporter’s record at no cost
to Acevedo.
2
Should the reporter file the record on or before April 15, 2024, she is directed to
immediately notify the trial court of the filing, in writing, whereupon the trial court shall not
be required to take any further action.
It is so ordered.
Per Curiam
Do not publish.
3
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