Modine Manufacturing Company v. North East Independent School District, A
| Decision Date | 06 December 1972 |
| Docket Number | No. A,A |
| Citation | 489 S.W.2d 458 |
| Parties | MODINE MANUFACTURING COMPANY, Appellant, v. NORTH EAST INDEPENDENT SCHOOL DISTRICT et al., Appellees. Motion2720. |
| Court | Texas Court of Appeals |
F. W. Baker, San Antonio, for appellant.
Foster, Lewis, Langley, Gardner & Banack, A. W. Worthy, Jr., Bobbitt, Brite, Bobbitt & Allen, San Antonio, for appellees.
On Motion for Extension of Time for Filing Transcript and
Statement of Facts.
On November 28, 1972, appellant filed its fifth motion for an extension of time for filing the record in this appeal from an order of February 18, 1972, 1 overruling its amended motion for a new trial. Such motion, which is agreed to by the attorneys for appellees, is supported by an affidavit of the court reporter wherein he states that he can only work on the record in his spare time, and that the amount of spare-time work has been sharply reduced by his physician's direction.
Such motion certainly sets forth good cause for granting an extension; however, the record demonstrates to the contrary. The most disturbing fact about this record is that the fifth motion is almost identical to the fourth motion, filed herein on September 29, 1972. In both motions, the court reporter states that he anticipates the statement of facts will fill ten volumes, and only four have been delivered. This statement indicates that no work on same has been concluded in the sixty days between motions. Furthermore, on June 15, 1972, said reporter certified in the presence of his trial judge that he would complete this record by July 28, 1972.
This Court is aware of the conflicting duties of the court reporter, but it must be remembered that one of his duties is that of preparing records on appeal. Article 2324, Tex.Rev.Civ.Stat.Ann.; Figueroa v. Treece, 331 S.W.2d 250 (Tex.Civ.App.--San Antonio 1960, no writ). A major objective of the rules of procedure is to obtain a speedy adjudication. Rule 1, Texas Rules of Civil Procedure. It is a recognized fact that unnecessary delay at any level of the judicial process frustrates the administration of justice and must be eliminated. This judgment was entered on December 13, 1971, and yet, appellate review has not even begun. Such delay cannot and will not be tolerated by this Court. See Article 1824, Tex.Rev.Civ.Stat.Ann.
Accordingly, we grant appellant's motion only in part and extend the time for filing the record until January 15, 1973. We suggest that the court reporter...
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Winslow v. Duval County Ranch Co., Inc.
...a temporary injunction--a 20-day appeal under Tex.Rev.Civ.Stat.Ann. art . 4662 (1952). See also, Modine Manufacturing Co. v. North East Independent School Dist., 489 S.W.2d 458 (Tex.Civ.App.--San Antonio 1972, orig. proceedings).4 Speedman Case, supra (504 S.W.2d at 925). The remaining port......
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Wolters v. Wright
...a statement of facts may, in the proper case, take precedence over all other duties of the reporter. See Modine Mfg. Co. v. North East Independent School Dist., 489 S.W.2d 458 (Tex.Civ.App.-San Antonio 1972, no writ); Figueroa v. Treece, 331 S.W.2d 250 (Tex.Civ.App.-San Antonio 1960, no wri......
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O'Neal v. Stovall
...completion of statements of fact. Figueroa v. Treece, 331 S.W.2d 250 (Tex.Civ.App.1960, no writ); Modine Manufacturing Co. v. North East Independent School District, 489 S.W.2d 458 (Tex.Civ.App.1972, no writ); Wright v. Wolters, 564 S.W.2d 190 (Tex.Civ.App.1978, no writ); O'Neal v. County o......
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O'Neal v. San Saba County, 16211
...completion of statements of fact. Figueroa v. Treece, 331 S.W.2d 250 (Tex.Civ.App.1960, no writ); Modine Manufacturing Co. v. North East Independent School District, 489 S.W.2d 458 (Tex.Civ.App.1972, no writ); Wright v. Wolters, 564 S.W.2d 190 (Tex.Civ.App.1978, no Appellant's fourth motion......