Stephen Patrick Black v. Amy Curtis, Law Library Attendant MTC Employee at TCCC

In The
Court of Appeals
Seventh District of Texas at Amarillo

No. 07-24-00300-CV

STEPHEN PATRICK BLACK, APPELLANT

V.

AMY CURTIS, MTC LAW LIBRARY ATTENDANT, APPELLEE

On Appeal from the County Court
Lamb County, Texas
Trial Court No. CC-3442, Honorable James M. DeLoach, Presiding

February 20, 2025
ORDER OF ABATEMENT AND REMAND
Before QUINN, C.J., and PARKER and YARBROUGH, JJ.

Appellant, Stephen Patrick Black, appeals from the trial court’s order granting

summary judgment in favor of Appellee, Amy Curtis. The clerk’s record was originally

due November 12, 2024, but was not filed. We subsequently granted the trial court clerk

three extensions to file the record due to her caseload. By letter of January 13, 2025, we

notified the trial court clerk no further extensions would be granted and that failure to file

the clerk’s record by February 12 would result in the appeal being abated and the cause
remanded to the trial court for further proceedings. The clerk 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 clerk’s record;

(2) why the clerk has not completed the necessary tasks;

(3) what amount of time is reasonably necessary for the completion of those

tasks; and

(4) whether the clerk can complete the tasks within the time the trial court

finds reasonable.

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 March 24,

2025.

Should the clerk file the record on or before March 6, 2025, 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

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