                                         In The

                                  Court of Appeals
                     Ninth District of Texas at Beaumont
                               _________________
                                 NO. 09-12-00244-CV
                               _________________

              IN RE COMMITMENT OF WILLIAM CYRUS SCOTT


________________________________________________________________________

                   On Appeal from the 435th District Court
                        Montgomery County, Texas
                      Trial Cause No. 11-10-10849-CV
________________________________________________________________________

                                        ORDER

        Volumes 1 and 2 of the reporter’s record, due September 10, 2012, have not been

filed. Heather Deiss is responsible for preparing, certifying, and timely filing the

reporter’s record. See Tex. R. App. P. 35.3(b). On September 24, 2012, we informed the

court reporter that the record must be filed within thirty days or the matter would be

referred for an enforcement order. The court reporter failed to file the record by the due

date.

        It is, therefore, ORDERED that the appeal be ABATED and the cause

REMANDED to the trial court for a hearing to determine why the reporter’s record has


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not been filed. See Tex. R. App. P. 37.3(a)(1). The trial court shall determine why the

court reporter did not timely file the record, and may make such orders as shall be

necessary to ensure the reporter’s record is promptly filed. 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.”). A reporter’s record shall be made of the hearing and, together

with a supplemental clerk’s record containing any findings or orders of the trial court,

shall be filed with the Court of Appeals by November 26, 2012.

      ORDER ENTERED October 25, 2012.

                                                             PER CURIAM



Before McKeithen, C.J., Gaultney and Kreger, JJ.




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