Dwight H. Miles, Sr. v. Big Frog Custom T-Shirts, Inc.

                                      In The
                                 Court of Appeals
                        Seventh District of Texas at Amarillo

                                         No. 07-23-00367-CV


                             DWIGHT H. MILES, SR., APPELLANT

                                                    V.

                      BIG FROG CUSTOM T-SHIRTS, INC., APPELLEE

                           On Appeal from the 395th District Court
                                   Williamson County, Texas
              Trial Court No. 23-0126-C395, Honorable Ryan D. Larson, Presiding

                                        December 20, 2023
                      ORDER OF ABATEMENT AND REMAND
                    Before QUINN, C.J., and DOSS and YARBROUGH, JJ.

       Appellant, Dwight H. Miles, Sr., proceeding pro se, appeals from the trial court’s

judgment.1 The appellate record was originally due November 13, 2023. The clerk’s

record was filed by this deadline, but the reporter’s record was not. By letter of November

27, 2023, we notified the reporter that the record was overdue and directed her to advise




       1 Originally appealed to the Third 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.
this Court of the status of the record by December 7. The reporter has not filed the record

or had any further communication with this Court to date.

       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 January

19, 2023.

       Should the reporter file the record on or before January 3, 2023, 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.


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It is so ordered.

                        Per Curiam




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