Andrea K. Randle v. AT Owner 18, L.P. ( 2023 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-22-00319-CV
ANDREA K. RANDLE, APPELLANT
V.
AT OWNER 18, L.P., APPELLEE
On Appeal from the County Court at Law No. 2
Denton County, Texas
Trial Court No. CV-2022-02311-JP, Honorable Robert Ramirez, Presiding
March 7, 2023
ORDER OF ABATEMENT AND REMAND
Before QUINN, C.J., and PARKER and YARBROUGH, JJ.
Appellant, Andrea K. Randle, proceeding pro se, appeals from the trial court’s Final
Judgment. 1 Because we are unable to determine whether Randle has requested
preparation of the reporter’s record or sought to proceed without payment of costs, we
remand the cause for further proceedings.
1Originally appealed to the Second 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.
The appellate record was originally due December 2, 2022. The clerk’s record
was filed by this deadline. However, the reporter’s record was not filed because Randle
failed to request and make payment arrangements for the record. By letter of December
16, 2022, we directed Randle to do so by December 30. We admonished her that failure
to request and pay for the reporter’s record by this deadline would result in her brief being
set with only those issues raised that do not require a reporter’s record being considered
and decided. See TEX. R. APP. P. 37.3(c). The reporter subsequently notified this Court
that no such arrangements were made. Accordingly, by letter of January 9, 2023, we set
Randle’s brief due February 8 without the benefit of the reporter’s record for a decision.
No brief was filed. On February 13, 2023, Randle filed a letter with this Court stating that
she has attempted to contact the reporter to request the record and to notify the reporter
that she has filed a statement of her inability to pay costs, but has not received any
response from the reporter. The reporter has informed this Court that she has not
received any communication from Randle.
Accordingly, we abate the appeal and remand this cause to the trial court to hold
a hearing, by whatever means necessary, and determine whether Randle (1) requests
preparation of the reporter’s record, and (2) if so, if she is entitled to proceed without
payment of costs. The trial court shall enter its findings in a written order and include the
order in a supplemental clerk’s record which it must cause to be filed with this Court by
April 6, 2023.
Randle’s present briefing deadline is suspended until further order of this Court.
Per Curiam
2